Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

• (b) under the Companies Act 2014 (or a former enactment relating to companies within the meaning of section 5 of that Act) in pursuance of powers conferred by or under another enactment, and financed wholly or partly by means of money provided, or loans made or guaranteed, by a Minister of the Government or the issue of shares held by or on behalf of a Minister of the Government.

30. Remote meetings of unincorporated body

F7[30. (1) Notwithstanding anything contained in the rules (howsoever described) of the body, the validity of a meeting of the members of an unincorporated body, or of a vote taken, decision made or other act done by such members at a meeting, shall not be affected by virtue only of the fact that the meeting concerned was held in accordance with subsection (2) and not held in person.

• (2) A meeting referred to in subsection (1) is held in accordance with this subsection where the members participating in the meeting are not all in the one place, but each member is able, directly or by means of electronic communications technology, to speak to, and to be heard by, each of the other members.

• (3) In this section, "electronic communications technology", in relation to a meeting referred to in subsection (1), means technology that enables real time transmission and real time two-way audio-visual or audio communication.]

31. Remote hearings by designated body

31. (1) Notwithstanding anything contained in the enactment concerned, but subject to subsections (2) and (5), a provision of an enactment relating to the holding by a designated body of a hearing shall apply subject to the following modifications and any other necessary modifications:

• (a) a reference to the holding of a hearing shall be construed as a reference to the holding of such a hearing by remote hearing;

• (b) a reference to a person being required to attend in person before the designated body shall be construed as a reference to the person being required to participate by remote hearing in a hearing;

• (c) a reference to a person being required to produce a document to a designated body shall be construed as a reference to the person being required to send by post, transmit by electronic means or otherwise deliver the document to the designated body;

• (d) the designated body shall be deemed to have the power to make such arrangements, and to adopt such practice and procedures, as are necessary to enable the conduct of a hearing by remote hearing.

• (2) Subsection (1) shall not apply in respect of a particular hearing where the designated body concerned, of its own volition, or following the making of representations by a person concerned, is of the opinion that the application of the subsection to the hearing would be unfair to the person, or would otherwise be contrary to the interests of justice.

• (3) A relevant Minister may, by order, designate a body for the purposes of this section, where he or she is satisfied that it is appropriate to do so having regard to the—

• (a) provisions of the enactment governing the conduct by the body of hearings,

• (b) nature of the hearings conducted by the body, and

• (c) need to ensure efficiency in the conduct of hearings under the enactment.

• (4) Where more than one Minister of the Government is a relevant Minister in relation to a particular body, a relevant Minister, before making an order under subsection (3) in respect of the body, shall consult with all other relevant Ministers in relation to the body.

• (5) Nothing in this section shall be construed as operating to interfere with the power of a body under an enactment or rule of law to hold hearings before it by remote F8[hearing or in person].

• F9[(5A) A person who, in relation to a relevant hearing—

• (a) with the intention of frustrating the participation by a person in the relevant hearing, interferes with or obstructs the electronic communications technology employed in the relevant hearing, or

• (b) makes, without the permission of the designated body that holds the relevant hearing, any recording of the relevant hearing,

shall be guilty of an offence and shall be liable—

• (i) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months, or both, or

• (ii) on conviction on indictment, to a fine not exceeding €50,000 or to imprisonment for a term not exceeding 3 years, or both.

• (5B) Proceedings for an offence—

• (a) under subsection (5A), or

• (b) committed, whether under subsection (5A) or otherwise, by a person in connection with his or her participation by remote hearing in the relevant hearing, may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the State.]

• (6) In this section—

“body” means a body established by or under an enactment, or a body or person empowered under an enactment to hold a hearing for any purpose;

“designated body” means a body designated under subsection (3);

“electronic communications technology”, in relation to a hearing, means technology that enables real time transmission and real time two-way audio-visual or audio communication, enabling a person to participate in the hearing although not in the same place as another participant;

“hearing” includes a part of a hearing and the hearing of an appeal or part of an appeal;

“participant” in relation to a hearing, includes the designated body that is holding the hearing;

F9["relevant hearing" means a hearing that, by virtue of the application to it of subsection (1), is held by remote hearing;]

“relevant Minister” means, in relation to a body, the Minister of the Government with responsibility for the body and in whom functions, whether statutory or otherwise, as respects the body are vested;

“remote hearing” means a hearing in which—

• (a) the participants are not all in the one place, and

• (b) one or more of the participants participate in the hearing by means of electronic communications technology.

32. Execution of documents in counterpart

32. (1) A document may be executed in counterpart in accordance with this section.

• (2) A document is executed in counterpart where—

• (a) it is executed in 2 or more parts in like form, and

• (b) no part is signed by both or all parties to the document.

• (3) On such execution, the counterparts are to be treated as a single document.

• (4) A document executed in counterpart becomes effective when—

• (a) both or all the counterparts have been delivered in accordance with subsection (5), and

• (b) any other step required by an enactment or rule of law for the document to become effective has been taken.

• (5) Each counterpart shall be delivered to the party or parties who did not sign the counterpart concerned.

• F10[(5A) This section is without prejudice to any other enactment or rule of law concerning—

• (a) the execution of a document in counterpart,

• (b) the treatment, on such execution, of documents executed in counterpart,

• (c) the steps required for a document executed in counterpart to become effective, or

• (d) the delivery of a document executed in counterpart.]

• (6) In this section, “document” means a contract or deed.

33. Power to alter or vary order

33. The Courts of Justice Act 1953 is amended by the insertion of the following section after section 26:

“26A. (1) Notwithstanding the making of an order under section 26(1)(f), the Courts Service may, following consultation with, and with the consent of, the President of the District Court, and by notice made in accordance with this section, alter the places or vary the days or hours for the time being appointed for holding the District Court in or for any district court area, where it is of the opinion that such alteration is necessary to ensure the efficient operation and continuation of the business of the court.

• (2) The Courts Service may by order specify the form of, and particulars to be included in, a notice under this section.

• (3) A notice under this section shall be published on the website of the Courts Service and shall—

  • (a) have effect from the date of its publication or such other date as is specified in the notice, and

  • (b) remain in effect until the expiry of such period as is specified in the notice.”.