Courts Service Act 1998

PART I Preliminary and General.

1 Short title and commencement.

1.—(1) This Act may be cited as the Courts Service Act, 1998.

(2) Part 1 and section 36 shall come into operation on the date of the passing of this Act.

(3) Part VIII shall come into operation one month after the date of the passing of this Act.

(4) The remaining provisions of this Act shall come into operation on such day or days as the Minister may fix by order or orders either generally or with reference to any particular purpose or provision, and different days may be fixed for different purposes and different provisions.

2 Interpretation.

2.—(1) In this Act, unless the context otherwise requires—

“the Board” means the Board of the Service;

“the Chief Executive” means the Chief Executive Officer of the Service appointed under section 17(1);

“the Chief Executive Designate” means the Chief Executive Designate appointed under section 40(1);

“the establishment day” means the day appointed under section 3;

“function” includes a power and duty;

“the Transitional Board” means the Courts Service Transitional Board established by section 37(1);

“the Minister” means the Minister for Justice, Equality and Law Reform;

“the Service” means the body established by section 4(1);

“the staff of the Service” does not include the Chief Executive.

(2) In this Act—

(a) a reference to a section is a reference to a section of this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended,

(c) a reference to a Schedule by number is a reference to the Schedule so numbered to this Act,

(d) a reference to an enactment includes a reference to that enactment as amended at any time by any enactment, and

(e) a reference to the performance of a function includes a reference to the exercise of a power and the performance of a duty.

PART II An tSeirbhís Chúirteanna

3 Establishment day.

3.—The Minister shall by order appoint a day to be the establishment day for the purposes of this Act.

4 Establishment of Service.

4.—(1) On the establishment day there shall be established a body to be known as An tSeirbhís Chúirteanna or, in the English language, the Courts Service (in this Act referred to as “the Service”) to perform the functions conferred on it by this Act.

(2) The Service shall be a body corporate with perpetual succession and power to sue and be sued in its corporate name.

(3) The Service shall, subject to this Act, be independent in the performance of its functions.

5 Functions of Service.

5.—The functions of the Service shall be to—

(a) manage the courts,

(b) provide support services for the judges,

(c) provide information on the courts system to the public,

(d) provide, manage and maintain court buildings, and

(e) provide facilities for users of the courts.

6 Powers of Service.

6.—(1) Subject to this Act but notwithstanding any other enactment, the Service may do anything necessary or expedient for enabling it to perform its functions.

(2) Without prejudice to the generality of subsection (1), the Service may—

(a) acquire, hold and dispose of land or an interest in land or rights over or in respect of land, and acquire, hold and dispose of any other property,

(b) enter into contracts and arrangements,

(c) arrange staff training and education,

(d) establish arrangements for consultation with users of the courts,

(e) at the request of the Minister, or on its own initiative, recommend to the Minister appropriate scales of court fees and charges,

(f) make proposals to the Minister in relation to the distribution of jurisdiction and business among the courts and matters of procedure,

(g) provide services to other bodies subject to such conditions, including the payment of fees, as it thinks fit,

(h) with the consent of the Minister, engage consultants and advisers in connection with the performance of its functions,

(i) operate public bank accounts within the meaning of section 18 of the Exchequer and Audit Departments Act, 1866, and

(j) designate court venues.

7 Strategic plans.

7.—(1) As soon as practicable after the establishment day and within six months before each third anniversary of the establishment day the Service shall prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the ensuing three year period.

(2) A strategic plan shall—

(a) comprise the key objectives, outputs and related strategies (including use of resources) of the Service,

(b) be prepared in a form and manner in accordance with any directions issued from time to time by the Minister,

(c) have regard to the need to ensure the most beneficial, effective and efficient use of the resources of the Service, and

(d) have regard to the Government policy on bilingualism and, in particular, to the need to ensure that an adequate number of staff are competent in the Irish language so as to be able to provide service through Irish as well as English.

(3) The Minister shall, as soon as practicable after the strategic plan has been approved, cause a copy of the strategic plan to be laid before each House of the Oireachtas.

8 Annual report and provision of information to Minister.

8.—(1) As soon as practicable, but in any case not later than six months after the end of each period of 12 months commencing on the establishment day or the anniversary of the establishment day, the Service shall report in writing to the Minister on its activities during that 12 month period, and the Minister shall lay a copy of the report before each House of the Oireachtas.

(2) A report under subsection (1) shall include information on the performance of the functions of the Service during the year to which it relates and such other information in such form as the Service thinks fit or the Minister may direct.

(3) The Service shall, if so requested by the Minister, furnish to the Minister such information as the Minister may request relating to—

(a) any matter concerning the policy and activities of the Service generally,

(b) any specific matter or account prepared by it, or

(c) any report specified in subsection (1),

and the information shall be furnished by the Chief Executive acting under the general authority of the Board.

9 Independence of exercise of judicial functions.

9.—No function conferred on or power vested in the Service, the Board or the Chief Executive, under this Act shall be exercised so as to interfere with the conduct of that part of the business of the courts required by law to be transacted by or before one or more judges or to impugn the independence of—

(a) a judge in the performance of his or her judicial functions, or

(b) a person other than a judge in the performance of limited functions of a judicial nature conferred on that person by law.

10 Seal of Service.

10.—(1) The Service shall, as soon as practicable after its establishment, provide itself with a seal.

(2) The seal of the Service shall be authenticated on any document by the signatures of—

(a) the chairperson of the Board or another member of the Board authorised by it to sign documents under the seal of the Service, and

(b) an officer of the Service designated for that purpose by the Board.

(3) Judicial notice shall be taken of the seal of the Service and every document purporting to be an instrument made by the Service and to be sealed with the seal (purporting to be authenticated in accordance with subsection (2)) of the Service shall be received in evidence and be deemed to be such instrument without proof, unless the contrary is shown.

PART III Board of Service

11 Board of Service.

11.—(1) There shall be a Board of the Service which shall consist of—

(a) the Chief Justice for the time being or a judge of the Supreme Court nominated by the Chief Justice,

(b) a judge of the Supreme Court elected by the ordinary judges of that Court,

(c) the President for the time being of the High Court or a judge of the High Court nominated by the President of that Court,

(d) a judge of the High Court elected by the ordinary judges of that Court,

(e) the President for the time being of the Circuit Court or a judge of the Circuit Court nominated by the President of that Court,

(f) a judge of the Circuit Court elected by the ordinary judges of that Court,

(g) the President for the time being of the District Court or a judge of the District Court nominated by the President of that Court,

(h) a judge of the District Court elected by the judges, other than the President, of that Court,

(i) a judge nominated by the Chief Justice for the time being in respect of his or her experience or expertise in a specific area of court business,

(j) the Chief Executive,

(k) a practising barrister nominated by the Chairman for the time being of the Council of the Bar of Ireland,

(l) a practising solicitor nominated by the President for the time being of the Law Society of Ireland,

(m) a member of the staff of the Service elected by the members of the staff for that purpose,

(n) an officer of the Minister nominated by the Minister,

(o) a person nominated by the Minister to represent consumers of the services provided by the courts,

(p) a person nominated by the Irish Congress of Trade Unions, and

(q) a person who, in the Minister's opinion, has relevant knowledge and experience in commerce, finance or administration and who is nominated by the Minister after consultation with such bodies as the Minister considers are representative of such interests in the State.

(2) The Minister, in making nominations under subsection (1), shall have regard to the need to ensure that membership of the Board includes both men and women.

(3) The Minister may, after consultation with any recognised trade unions or staff associations concerned, make such regulations as are considered necessary or desirable in order to provide for the election of a member of staff for the purposes of subsection (1)(m).

(4) The Chief Justice shall be the chairperson of the Board or, if the Chief Justice is not a member, the judge of the Supreme Court nominated under subsection (1)(a) shall be the chairperson.

(5) Subject to section 14(3), the Board may act notwithstanding one or more vacancies in its membership.

12 Term of office of members.

12.—(1) A judge nominated as a member of the Board under paragraph (a), (c), (e) or (g) of section 11(1) shall hold office while he or she remains a judge of the court in respect of which he or she was nominated or until the person who nominated the judge as a member ceases to hold the office by virtue of which he or she made the nomination, but in that case the judge shall be eligible for renomination.

(2) A judge elected as a member of the Board under paragraph (b), (d), (f) or (h) of section 11(1) shall hold office for three years, but shall be eligible for re-election, while he or she remains a judge of the court in respect of which he or she was elected.

(3) A judge nominated as a member of the Board in accordance with section 11(1)(i) shall hold office for three years, but shall be eligible for renomination, while he or she remains a judge of any court.

(4) A person nominated or elected as a member of the Board in accordance with paragraphs (k) to (q) of section 11(1) shall hold office for three years, but shall be eligible for renomination or re-election, as the case may be.

(5) A member of the Board who has been nominated or elected to be such a member may resign from membership by letter addressed to the chairperson of the Board and the resignation shall take effect on receipt of the letter by the chairperson.

(6) The chairperson shall as soon as practicable notify the Minister of any resignation under subsection (5).

(7) A casual vacancy in the membership of the Board caused by the death or resignation, or any other event affecting the membership, of a person nominated or elected to hold office as a member for—

(a) a period of three years referred to in subsection (2), (3) or (4), or

(b) the remainder of such a period in respect of which he or she was nominated or elected in pursuance of this subsection, shall be filled, in accordance with the relevant provision of section 11(1), for the remainder of the term of office remaining to be served by the person, and the new member shall be eligible for renomination or re-election at the conclusion of that term.

(8) The Minister may, after consultation with the nominating person or body concerned, remove for stated reasons a person who is a member of the Board referred to in paragraph (k), (l) or (p) of section 11(1).

(9) The Minister may at any time remove for stated reasons a person who is a member of the Board referred to in paragraph (o) or (q) of section 11(1).

13 Functions of Board.

13.—(1) The functions of the Board shall be—

(a) to consider and determine policy in relation to the Service, and

(b) to oversee the implementation of that policy by the Chief Executive.

(2) The Board, in the performance of its functions, shall have regard to—

(a) the resources of the Service for the purposes of such performance and the need to secure the most beneficial, effective and efficient use of such resources, and

(b) any policy or objective of the Government or a Minister of the Government insofar as it may affect or relate to the functions of the Service.

(3) The Minister may inform the Board of any policy or objective of the Government or a Minister of the Government referred to in subsection (2)(b).

14 Meetings and procedures of Board.

14.—(1) The Board shall hold such and so many meetings as may be necessary for the performance of its functions but in any case shall meet not less frequently than once in every period of three months.

(2) The first meeting of the Board shall be held within one month after the establishment day.

(3) The quorum for a meeting of the Board shall be seven or such greater number of members as the Board may from time to time determine.

(4) The chairperson of the Board shall preside at all meetings of the Board at which he or she is present and in the absence of the chairperson the members present shall elect one of their number to preside at the meeting.

(5) Each member of the Board present at a meeting of the Board shall have a vote.

(6) Every question at a meeting of the Board shall be determined by a majority of the votes of the members present and voting on the question and, in the case of an equal division of votes, the chairperson or other member presiding at the meeting shall have a second or casting vote.

(7) Subject to this Act, the Board shall regulate, by standing orders or otherwise, the procedure and business of the Board.

15 Committees of Board.

15.—(1) The Board may from time to time establish such committees of the Board to advise it in relation to the performance of its functions as it thinks fit.

(2) The Board may appoint to a committee persons who are not members of the Board but have a special knowledge and experience related to the purposes of the committee.

(3) The appointment of a person to a committee shall be subject to such terms and conditions as the Board may determine.

(4) The Board may at any time dissolve a committee.

(5) The acts of a committee shall be subject to confirmation by the Board, unless the Board dispenses with the necessity for confirmation.

(6) The Board may regulate the procedure of a committee but, subject to any such regulation, a committee may regulate its own procedure.

(7) The Chief Executive shall notify the Minister of the establishment of a committee, the purpose of the committee and the names of the members of the committee.

16 Remuneration and expenses of members of Board or committees.

16.—(1) A member of the Board referred to—

(a) in any of the paragraphs (a) to (i) of section 11(1) shall be paid such allowances for expenses, and

(b) in any of the paragraphs (j) to (q) of section 11(1) shall be paid such remuneration and allowances for expenses,

if any, as the Minister, with the consent of the Minister for Finance, may from time to time determine.

(2) A member of a committee of the Board shall be paid such allowances for expenses and, save in respect of a member of the Board to whom any of the paragraphs (a) to (i) of section 11(1) relate, such remuneration, if any, as the Minister, with the consent of the Minister for Finance, may from time to time determine.

PART IV Chief Executive Officer

17 Chief Executive.

17.—(1) Subject to subsection (2), the Board shall appoint a person to be the Chief Executive Officer of the Service.

(2) The person holding office as Chief Executive Designate immediately before the establishment day shall be the first Chief Executive of the Service.

(3) The Chief Executive shall hold office under a written contract of service (which contract may be renewed) for such period as is specified in the contract, and subject to such terms and conditions (including terms and conditions relating to remuneration and suspension and termination of employment) as may be determined by the Board and approved by the Minister with the consent of the Minister for Finance.

(4) In subsection (3), “remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

18 Civil Service Commissioners Act, 1956, not to apply to appointment of Chief Executive.

18.—The Civil Service Commissioners Act, 1956, shall not apply to the appointment of a person as the Chief Executive.

19 Chief Executive to be accounting officer.