Civil Law (Miscellaneous Provisions) Act 2008

PART 1 Preliminary

1.. Short title, commencement, collective citation and construction.

1.— (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2008.

(2) The Minister may, by order or orders, appoint such day or days on which this Act shall come into operation, and different days may be so appointed for different purposes and for different provisions.

(3) The Courts (Supplemental Provisions) Acts 1961 to 2007 and sections 9, 11, 12, 13, 20, 21, 22 and 23 may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2008 and shall be construed together as one.

(4) The Court Officers Acts 1926 to 2002 and sections 29and30may be cited together as the Court Officers Acts 1926 to 2008.

(5) The Solicitors Acts 1954 to 2002 and Part 3 may be cited together as the Solicitors Acts 1954 to 2008.

(6) The Landlord and Tenant Acts 1967 to 2005 and Part 4 may be cited together as the Landlord and Tenant Acts 1967 to 2008.

(7) The Equal Status Acts 2000 to 2004 and Part 14 may be cited together as the Equal Status Acts 2000 to 2008.

(8) The Employment Equality Acts 1998 to 2007 and Part 16 may be cited together as the Employment Equality Acts 1998 to 2008.

2.. Definition of “Minister”.

2.— In this Act, “Minister” means Minister for Justice, Equality and Law Reform.

3.. Repeals and revocations.

3.— (1) Each enactment specified in column (2) of Part 1 of the Schedule is repealed to the extent specified in column (3) of that Part.

(2) Each statutory instrument specified in column (2) of Part 2 of the Schedule is revoked to the extent specified in column (3) of that Part.

4.. Expenses.

4.— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

PART 2 Courts and Court Officers

5.. Amendment of section 9 of Courts of Justice Act 1924.

5.— Section 9 (inserted by section 9 of the Courts (No. 2) Act 1997) of the Courts of Justice Act 1924 is amended—

(a) in paragraph (d), by inserting “first” before “appointment”, and

(b) in paragraph (f), by substituting “each according to priority of his or her first appointment” for “each according to his or her priority of appointment”.

6.. Amendment of section 88 of Courts of Justice Act 1924.

6.— Section 88 of the Courts of Justice Act 1924 is amended by inserting the following after subsection (4):

“(5) For the purposes of this section (including any warrant under subsection (1))—

(a) subject to paragraphs (b) to (g), ‘county’ means a county as referred to in section 10 of the Local Government Act 2001 and as its boundaries are in force from time to time under Part 8 of that Act,

(b) the city of Cork and the county of Cork shall be regarded as a single county, and a reference to the county of Cork shall include the city of Cork,

(c) the city of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin shall be regarded as a single county, and a reference to the county of Dublin shall include the city of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin,

(d) the city of Galway and the county of Galway shall be regarded as a single county, and a reference to the county of Galway shall include the city of Galway,

(e) the city of Limerick and the county of Limerick shall be regarded as a single county, and a reference to the county of Limerick shall include the city of Limerick,

(f) the city of Waterford and the county of Waterford shall be regarded as a single county, and a reference to the county of Waterford shall include the city of Waterford, and

(g) the counties of North Tipperary and South Tipperary shall be regarded as a single county.”.

7.. Amendment of section 38 of Court Officers Act 1926.

7.— Section 38 (as amended by section 3 of the Courts (Supplemental Provisions) Act 1961) of the Court Officers Act 1926 is amended in subsection (1)—

(a) by inserting “, regulations made under section 3 of the European Communities Act 1972” after “him by statute”, and

(b) by inserting “, such regulations” after “provided by statute”.

8.. Amendment of section 48 of Court Officers Act 1926.

8.— Section 48 of the Court Officers Act 1926 is amended—

(a) in subsection (1)—

(i) by inserting “by regulations made under section 3 of the European Communities Act 1972” after “him by statute”, and

(ii) by inserting “by such regulations” after “provided by statute”,

and

(b) by inserting the following after subsection (2):

“(3) An assignment under subsection (1) of a district court clerk to a district court area may be—

(a) a permanent assignment,

(b) a temporary assignment, or

(c) a temporary assignment in addition to any permanent assignment.

(4) Where subsection (3)(c) applies to a district court clerk, the temporary assignment concerned shall be without prejudice to the exercise of all such powers and authorities and the performance of all such duties and functions for the time being conferred or imposed on him or her by law in relation to any district court area to which he or she is permanently assigned.

(5) Where a temporary assignment under subsection (1) of a district court clerk to a district court area is made pursuant to a direction given orally under that subsection, the Courts Service shall cause a record in writing to be made and kept, in such manner as the Courts Service thinks fit, of the direction.

(6) A record in writing referred to in subsection (5) shall, in any proceedings, be evidence that the district court clerk to which the record relates was temporarily assigned to the district court area to which the record relates until the contrary is shown.”.

9.. Substitution of section 65 of Courts of Justice Act 1936.

9.— The Courts of Justice Act 1936 is amended by substituting the following for section 65:

“Minister for Justice, Equality and Law Reform may prescribe court fees.

65.— (1) The Minister for Justice, Equality and Law Reform may, by order made with the consent of the Minister for Finance—

(a) prescribe the fees to be charged—

(i) in the several offices established by the Courts (Supplemental Provisions) Act 1961, or

(ii) in any other office of, or attached to, any court,

(b) subject to subsection (2), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is of unsound mind, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961,

(c) subject to subsection (2)(a), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is a minor, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961,

(d) prescribe the persons by whom such fees are to be paid, and

(e) prescribe the occasions upon which such fees are to be paid.

(2) An order made under subsection (1)—

(a) may prescribe general or special exemptions from the payment of fees prescribed under that subsection,

(b) may, in relation to income or funds referred to in paragraph (b) of that subsection, be made by way of variation or extension of or in substitution for all or any of the provisions of sections 109 to 114 of the Lunacy Regulation (Ireland) Act 1871.

(3) Subject to subsection (2), the Courts Service shall collect all fees chargeable under an order made under subsection (1) in accordance with the provisions of the order prescribed under paragraphs (d) and (e) of subsection (1).

(4) All fees collected under an order made under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(5) The Courts Service may—

(a) determine the manner or method of payment of any fees chargeable under an order made under subsection (1), and

(b) determine the form in which the payment of any such fees shall be recorded, including the provision of a receipt in respect of such payment.

(6) An order made under this section before the commencement of section 9 of the Civil Law (Miscellaneous Provisions) Act 2008 and in force immediately before that commencement shall, on and after that commencement, be deemed to be an order made under subsection (1) and, accordingly, be liable to amendment or revocation by another order made under that subsection.”.

10.. Amendment of section 32A(5) of Courts (Supplemental Provisions) Act 1961.

10.— Subsection (5) of section 32A (inserted by section 180 of the Criminal Justice Act 2006) of the Courts (Supplemental Provisions) Act 1961 is amended in paragraph (b) of the definition of “ relevant district ” by substituting “subparagraph (1), (2) or (2A) of paragraph 3 of the said Schedule” for “subparagraph (1) or (2) of paragraph 3 of the said Schedule”.

11.. Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain Supreme Court judges and High Court judges.

11.— In the case of a judge of the Supreme Court or the High Court who is serving as such on or after 2 June 2002, paragraph 2 of Part I of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph:

“(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.

(4) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”.

12.. Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain Circuit Court judges.

12.— In the case of a judge of the Circuit Court who is serving as such on or after 2 June 2002, paragraph 5 of Part II of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph:

“(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.

(4) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”.

13.. Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain District Court judges.

13.— In the case of a judge of the District Court who is serving as such on or after 2 June 2002, paragraph 8 of Part III of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph:

“(3) There shall be granted to a judge of the District Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of one-fortieth of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.

(4) There shall be granted to a judge of the District Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of one-fortieth of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”.

14.. Amendment of paragraph 3 of Sixth Schedule to Courts (Supplemental Provisions) Act 1961.

14.— Paragraph 3 (as amended by section 37 of the Courts and Court Officers Act 1995) of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended—

(a) in subparagraph (1), by substituting “temporarily assigned by the President of the District Court to another district or districts” for “temporarily assigned by the President of the District Court to another district”,

(b) in subparagraph (2), by substituting “assigned by the President of the District Court to any district or districts” for “assigned by the President of the District Court to any district”,

(c) by inserting the following subparagraphs after subparagraph (2):

“(2A) Without prejudice to subparagraph (2), the President of the District Court may, in relation to any district, temporarily assign for a period not exceeding 6 months one or more district judges (whether or not any such judge is permanently or temporarily assigned to another district or districts) to exercise, in relation to that district, the powers specified in subparagraph (2B).

(2B) A district judge who is temporarily assigned to any district under subparagraph (2A) may exercise any of the powers of a district judge to which section 32A applies for the time being conferred on him or her by law whether he or she is in or outside that district.”,

(d) in subparagraph (3), by substituting “temporarily assigned by the President of the District Court to any district or districts” for “temporarily assigned by the President of the District Court to any district”, and

(e) by inserting the following subparagraph after subparagraph (4):

“(4A) Where a district judge is temporarily assigned to any district under subparagraph (2A)—

(a) in case there is for the time being a district judge permanently assigned to that district - he or she shall, in relation to that district, have, while so temporarily assigned, concurrently with that district judge, all the powers of a district judge to which section 32A applies for the time being conferred on that district judge who is so permanently assigned,

(b) in any other case - he or she shall, in relation to that district, have, while so temporarily assigned, all such powers of a district judge to which section 32A applies as would for the time being be conferred by law if he or she were a district judge permanently assigned to that district.”.

15.. Amendment of Eighth Schedule to Courts (Supplemental Provisions) Act 1961.

15.— The Courts (Supplemental Provisions) Act 1961 is amended, in the Eighth Schedule—

(a) in paragraph 4, by substituting the following subparagraph for subparagraph (2):

“(2) The Master of the High Court shall have and exercise such powers and authorities and perform such duties and functions as are from time to time conferred on or assigned to him or her by statute, by regulations under section 3 of the European Communities Act 1972 or by rules of court and in particular (unless and until otherwise provided by statute, by such regulations or by rules of court) shall have and perform all such other powers, authorities, duties and functions as are vested in him or her by virtue of section 31(3) of the Act of 1926.”,

and

(b) by substituting the following for paragraph 21:

“Qualification of Registrar of Wards of Court.

21.— No person shall be appointed to be Registrar of Wards of Court unless at the time of his or her appointment he or she—

(a) is a practising barrister of not less than 10 years’ standing,

(b) is a barrister employed in one or more of the offices mentioned in paragraph 2 who, at any time prior to such appointment, has been so employed for a period of not less than 9 years, or for periods together totalling not less than 9 years, or

(c) is a person who at the time of the appointment is a member of staff of the Courts Service and holds such qualification or qualifications as the Courts Service, with the consent of the President of the High Court, determines to be appropriate for such appointment.”.

16.. Amendment of section 7 of Courts Act 1964.

16.— Section 7 of the Courts Act 1964 is amended—

(a) by substituting the following for subsections (2) to (4):

“(2) This section shall apply in relation to the service of any Circuit Court document and any District Court document in any area notwithstanding the fact that a summons server may stand assigned to that area by the County Registrar for the county in which the area is situate.

(3) Subject to subsection (5), the service of a Circuit Court document or a District Court document may be effected by any of the following methods: