Reform history
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
2 versions
· 2020-08-06
2026-02-09
IE-2020-act-13 — consolidated version 2026-02-09
Changes on 2026-02-09
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# Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
## PART 1 Preliminary and General
##### 1. **Short title, commencement and collective citation**
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## PART 3 Civil Proceedings
### Chapter 1 *Definition*
##### 10. **Definition (Part 3)**
**10.** In this Part, “civil proceedings” includes any cause, action, suit or matter, other than a criminal proceeding, in any court.
### Chapter 2 *Remote hearing of civil proceedings*
### Chapter 1
##### 10. **F1[Definitions (Part 3)**
**10.**In this Part—
"civil proceedings" includes any cause, action, suit, matter or application, other than criminal proceedings or relevant proceedings, in or to any court;
"criminal proceedings" and "relevant proceedings" have the same meanings as they have in*Part 4*.]
### Chapter 2
##### 11. **Remote hearing of civil proceedings**
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(b) by means of electronic communications technology.
### Chapter 3 *Business records and other documents in civil proceedings*
### Chapter 3
##### 12. **Definition (Chapter 3)**
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(3) *Subsection (1)* shall not apply to—
(a) information that is privileged from disclosure in civil proceedings or, as the case may be, criminal proceedings,
(a) information that is privileged from disclosure in civil proceedings or, as the case may be, F2[criminal proceedings or relevant proceedings],
(b) subject to *subsection (6)*, information supplied by a person who would not be compellable to give evidence at the instance of the party wishing to give the information in evidence by virtue of this section, or
@@ -312,7 +314,7 @@
(ii) investigation or inquiry carried out pursuant to or under any enactment,
(iii) civil or criminal proceedings, or
(iii) F2[civil proceedings, criminal proceedings or relevant proceedings], or
(iv) proceedings of a disciplinary nature.
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**19.** In any civil proceedings, evidence of the passing of a resolution by either House of the Oireachtas, whether before or after the commencement of this section, may be given by the production of a copy of the Journal of the proceedings of that House relating to the resolution and purporting to have been published by the Stationery Office.
### Chapter 4 *Miscellaneous*
### Chapter 4
##### 20. **Use of electronic means in civil proceedings**
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**22.** In this Part—
“criminal proceedings” means proceedings for an offence and includes any appeal proceedings or subsequent proceedings related to the offence;
F3["criminal proceedings" means proceedings against a person for an offence and includes any appeal proceedings related to the offence;]
“live video link”, in relation to a person participating in criminal proceedings or relevant proceedings, means a live television link or other audio-visual arrangement which—
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(a) the Extradition Act 1965,
F4[(aa) the Transfer of Sentenced Persons Act 1995,]
(b) Part II of the International War Crimes Tribunals Act 1998,
(c) the European Arrest Warrant Act 2003, or
(d) Part 3 of the International Criminal Court Act 2006,
and includes any appeal proceedings or subsequent proceedings.
(c) the F5[theEuropean Arrest Warrant Act 2003,]
F4[(ca) the Transfer ofExecution of Sentences Act 2005,]
(d) Part 3 of F5[theInternational Criminal Court Act 2006, or]
F4[(e) Part 3 of theCriminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,]
F3[and includes any appeal proceedings related to such proceedings].
##### 23. **Certain applications to court in criminal proceedings to be heard using live video link**
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(ii) an application relating to and including the sentencing of the relevant person;
(e) any application in appeal proceedings (other than an appeal referred to in *paragraph (d)*) or any subsequent proceedings.
(e) any application in appeal proceedings (other than an appeal referred to in *paragraph (d)*) F6[…].
(3) A court may, of its own motion, on being satisfied that it is not contrary to the interests of justice, direct that—
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##### 30. **Remote meetings of unincorporated body**
**30.** (1) For the duration of the interim period, and 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) The Government may, on the request of the Minister made after consultation with the Minister for Health, from time to time, by order extend the interim period for such period as they consider appropriate if they are satisfied that the making of such order is in the public interest having regard to the—
(a) threat to public health presented by Covid-19,
(b) highly contagious nature of that disease, and
(c) need, in order to prevent, limit, minimize or slow the spread of Covid-19, to ensure that unnecessary physical contact between persons is avoided.
(4) In this section—
“Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;
“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;
“interim period” means—
(a) the period of 3 months commencing on the coming into operation of this section, or
(b) such other period (if any) as may be specified by order under *subsection (3)*.
**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**
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(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 hearing.
(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—
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“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—
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(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**
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(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.”.
2020-08-06
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 — ver
original version
Text at this date