COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2023

An Act to make provision in relation to the grant of certificates of naturalisation and the authentication of certificates of nationality, and for those and other purposes to amend the Irish Nationality and Citizenship Act 1956; to amend the Civil Liability Act 1961 to enable the Minister for Justice to make regulations in relation to the specification of an index by reference to which the amount of a payment under a periodic payments order is to be adjusted annually; to make provision for the designation of a court office for the purpose of empanelling and summoning jurors, and for that purpose to amend the Juries Act 1976; to amend certain procedures relating to the bankruptcy process, and for that and related purposes to amend the Bankruptcy Act 1988; to amend the Occupiers’ Liability Act 1995; to amend the Immigration Act 1999; to amend the Immigration Act 2004; to provide for the disposal of part of the funds of suitors of the Circuit Court and the funds of suitors of the District Court vested in the Accountant of the Courts of Justice, and for that and other purposes to amend the Civil Liability and Courts Act 2004; to amend certain provisions of the Legal Services Regulation Act 2015, including for the purpose of making further provision in relation to the levy to be paid under that Act and the roll of practising barristers; to amend the International Protection Act 2015; to make provision for enabling the Data Protection Commission to prohibit the disclosure of confidential information by persons engaging with it in connection with the performance of certain functions, to issue a reprimand to a controller or processor in certain circumstances and to provide for the District Court to have jurisdiction, concurrently with the Circuit Court and the High Court, to hear and determine an action taken by a data subject in respect of his or her rights under the Data Protection Regulation and, for those and other purposes, to amend the Data Protection Act 2018; to provide for the temporary replacement of a member of the Complaints Review Committee of the Judicial Council, and for that and other purposes to amend the Judicial Council Act 2019; to make provision for the designation of centralised court offices, the specification of court office business to be transacted in such offices and related matters; to make provision for the maintenance of certain registers in electronic form; to make further provision in relation to the appointment of a Deputy Master of the High Court and in relation to the circumstances in which the Master of the High Court and a county registrar may be removed from, or otherwise cease to hold, such office and for those purposes to amend the Court Officers Act 1926; to provide for the appointment of registrars to the Special Criminal Court by the Courts Service, and for that purpose to amend the Offences against the State Act 1939; to provide for an offence of obstruction or interference with a sheriff, and for that purpose to amend the Court Officers Act 1945; and for those and other purposes to amend the Courts of Justice Act 1936, the Courts (Supplemental Provisions) Act 1961, the Courts Act 1964, the Civil Legal Aid Act 1995, the Courts Service Act 1998, the Gaming and Lotteries Act 1956, the Guardianship of Infants Act 1964, the Succession Act 1965, the Registration of Deeds and Title Act 2006, the Arbitration Act 2010, the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and the Garda Síochána (Functions and Operational Areas) Act 2022.

[5th July, 2023]

Be it enacted by the Oireachtas as follows:

PART 1 Preliminary and General

1. Short title, collective citation and commencement

1. (1) This Act may be cited as the Courts and Civil Law (Miscellaneous Provisions) Act 2023.

• (2) The Civil Liability Acts 1961 to 2017 and Part 3 may be cited together as the Civil Liability Acts 1961 to 2023.

• (3) The Bankruptcy Acts 1988 to 2015 and Part 5 may be cited together as the Bankruptcy Acts 1988 to 2023.

• (4) This Act shall come into operation on such day or days as may be appointed by order or orders made by the Minister for Justice, either generally or by reference to any particular purpose or provision, and different days may be so appointed for different purposes or different provisions.

PART 2 Amendment of Irish Nationality and Citizenship Act 1956

2. Definition (Part 2)

2. In this Part, “Act of 1956” means the Irish Nationality and Citizenship Act 1956.

3. Amendment of section 2 of Act of 1956

3. Section 2 of the Act of 1956 is amended by the insertion of the following definition:

“‘citizenship ceremony’ means a ceremony held—

• (a) before a judge, or a retired judge, of the District Court, Circuit Court, Court of Appeal, High Court or Supreme Court or such other person as may be designated for that purpose by the Minister, and

• (b) at a place and in a form approved by the Minister,

at which an applicant makes the declaration and gives the undertaking referred to in section 15(1)(e), section 15A(1)(h) or section 15B(1)(d), as the case may be;”.

4. Amendment of section 6B of Act of 1956

4. Section 6B(4) of the Act of 1956 is amended, in paragraph (c), by the substitution of “subsection (1) of section 16 of the International Protection Act 2015” for “subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996”.

5. Amendment of section 7 of Act of 1956

5. Section 7 of the Act of 1956 is amended—

• (a) in subsection (3A), by the substitution of “in” for “on”, and

• (b) by the insertion of the following subsections after subsection (3A):

• “(3B) A person born outside the island of Ireland, other than a person to whom subsection (3)(b) applies, who derives citizenship through a parent who—

  • (a) was born in the island of Ireland, and

  • (b) at the time of the person’s birth was abroad in the public service,

  shall be deemed to have been born in the island of Ireland for the purposes of this section.

• (3C) Subsection (3B) shall apply to a person born before or after the coming into operation of section 5 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.”.

6. Amendment of section 15 of Act of 1956

6. Section 15 of the Act of 1956 is amended—

• (a) in subsection (1)—

• (i) by the substitution of the following paragraph for paragraph (a):

• “(a) is of full age;”,

and

• (ii) by the substitution of the following paragraph for paragraph (e):

• “(e) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—

  • (i) made a declaration of fidelity to the nation and loyalty to the State, and

  • (ii) undertaken to faithfully observe the laws of the State and respect its democratic values.”,

• (b) by the insertion of the following subsections after subsection (1):

• “(1A) The declaration referred to in paragraph (e) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—

  • (a) subject to subsection (1B), in a citizenship ceremony, or

  • (b) in such manner as the Minister, for special reasons, allows.

• (1B) The Minister may—

  • (a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and

  • (b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify,

  where the Minister is of the opinion that, having regard to the number of applications of which he is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.”,

• (c) in subsection (2), by the substitution of “subsection (1) and paragraphs (a) to (d) of section 15B(1)” for “subsection (1)”, and

• (d) by the deletion of subsections (3) and (4).

7. Amendment of section 15A of Act of 1956

7. Section 15A of the Act of 1956 is amended—

• (a) in subsection (1), by the substitution of the following paragraph for paragraph (h):

• “(h) has, in accordance with subsection (1A) or, as the case may be, subsection (1B), and in the prescribed manner—

• (i) made a declaration of fidelity to the nation and loyalty to the State, and

  • (ii) undertaken to faithfully observe the laws of the State and respect its democratic values.”,

• (b) by the insertion of the following subsections after subsection (1):

• “(1A) The declaration referred to in paragraph (h) of subsection (1) shall be made, and the undertaking referred to in that paragraph shall be given—

  • (a) subject to subsection (1B), in a citizenship ceremony, or

  • (b) in such manner as the Minister, for special reasons, allows.

• (1B) The Minister may—

  • (a) dispense with the requirement under subsection (1A)(a) that the declaration be made and the undertaking be given in a citizenship ceremony, and

  • (b) allow the applicant to make the declaration and give the undertaking in such manner as the Minister may specify,

  where the Minister is of the opinion that, having regard to the number of applications of which he or she is in receipt, it is appropriate to do so in the interests of ensuring that such applications are dealt with in an efficient manner.”.

8. Naturalisation of minors born in State and other matters

8. The Act of 1956 is amended by the insertion of the following sections after section 15A:

“Naturalisation of minors born in State

15B. (1) Upon receipt of an application under this section for a certificate of naturalisation in respect of a minor, the Minister may, in his or her absolute discretion, grant the application if satisfied that the minor—

• (a) was born in the State,

• (b) subject to subsection (2), is of good character,

• (c) has had a period of one year’s continuous residence in the State immediately before the date of the application and, during the eight years immediately preceding that period, has had a total residence in the State amounting to two years, and

• (d) subject to subsection (3), has, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons allows—

  • (i) made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and

  • (ii) undertaken, in the prescribed manner, to faithfully observe the laws of the State and to respect its democratic values.

• (2) Where a minor is under 14 years of age on the date of his or her application under this section for a certificate of naturalisation, the condition at paragraph (b) of subsection (1) shall apply to him or her only where he or she—

  • (a) is charged with, and is awaiting trial for, or

  • (b) is or has been convicted of,

  murder, manslaughter, rape, rape under section 4 of the Criminal Law (Rape) (Amendment) Act 1990 or aggravated sexual assault within the meaning of section 3 of that Act.

• (3) The condition at paragraph (d) of subsection (1) shall not apply to a minor who is under 14 years of age on the date of the application for a certificate of naturalisation.

• (4) The Minister may, in his or her absolute discretion, waive the conditions at paragraph (b) or (d), or both, of subsection (1) in respect of a minor who is 14 years of age or over on the date of the application for a certificate of naturalisation, if the Minister considers it appropriate to do so having regard to the particular circumstances of the minor concerned.

• (5) An application under this section in respect of a minor shall be made on behalf of the minor by his or her parent or guardian, or by a person who is in loco parentis to him or her.

Calculation of continuous residence for purposes of sections 15, 15A and 15B

15C. (1) When calculating a period of one year’s continuous residence in the State for the purposes of section 15 or 15B, the periods specified in subsection (3) during which—

- (a) an applicant for a certificate of naturalisation under section 15, or

- (b) a minor (in this section referred to as a ‘minor applicant’) in respect of whom an application for a certificate of naturalisation is made under section 15B,

  was not present in the State shall be reckoned as a period of residence in the State.

• (2) When calculating a period of one year’s continuous residence in the island of Ireland for the purposes of section 15A, the periods specified in subsection (3) during which an applicant for a certificate of naturalisation under that section was not present in the island of Ireland shall, subject to subsection (4), be reckoned as a period of residence in the island of Ireland.

• (3) The following periods are specified for the purposes of subsections (1) and (2):

  • (a) a period not exceeding, or periods the aggregate of which do not exceed, 70 days, and

  • (b) an additional period not exceeding, or such additional periods the aggregate of which do not exceed, 30 days, where the Minister is satisfied that the person’s not being present in the State or in the island of Ireland, as the case may be, during such additional period or periods was necessitated by—

    • (i) in the case of a minor applicant, exceptional circumstances relating to the minor applicant, or the person who made the application on his or her behalf, or both, and

    • (ii) in any other case, exceptional circumstances relating to the person.

• (4) Where section 15A(4) applies to an applicant for a certificate of naturalisation, the periods specified in subsection (3) shall be in addition to any period of residence outside the island of Ireland referred to in section 15A(4).

• (5) In this section—

‘day’ does not include part of a day;

‘exceptional circumstances’, in relation to a person not being in the State or the island of Ireland, means one or more of the following:

- (a) the family or personal circumstances of the person;

- (b) the health requirements of the person or of a family member of the person;

- (c) requirements arising out of, or in the course of, the employment, trade or profession of the person;

- (d) requirements in pursuance of a course of study or a professional qualification of the person;

- (e) any voluntary service by the person for humanitarian purposes;

- (f) such other circumstances resulting in the person’s not being present in the State or in the island of Ireland, as the case may be, as the Minister considers to be outside the control of the person;

  ‘family member’, in relation to a person, means—

- (a) the spouse, civil partner or cohabitant of the person,

- (b) a child, step-child, son-in-law or daughter-in-law of the person,

- (c) a parent, step-parent, mother-in-law or father-in-law of the person,

- (d) a brother, sister, step-brother, step-sister, brother-in-law, sister-in-law, half-brother or half-sister of the person,

- (e) a grandparent or grandchild of the person, or

- (f) an aunt, uncle, nephew or niece of the person.

  **Saver for certificates of naturalisation**

  **15D.** A certificate of naturalisation granted under this Act before the coming into operation of *sections 6*, *7* and *8* of the *Courts and Civil Law (Miscellaneous Provisions) Act 2023* shall be valid so long as the certificate remains unrevoked.

  **Transitional provisions relating to applications for certificates of naturalisation**

  **15E.** (1) Where, before the date on which this subsection comes into operation, an application for a certificate of naturalisation has been made—

- (a) under section 15 in respect of a person who is of full age, or

- (b) under section 15A in respect of a non-national spouse or civil partner of an Irish citizen,

  and, by that date, the application has not been determined under section 15 or section 15A, as the case may be, the application shall be deemed to have been made under section 15 (as amended by *section 6* of the *Courts and Civil Law (Miscellaneous Provisions) Act 2023*) or 15A (as amended by *section 7* of the *Courts and Civil Law (Miscellaneous Provisions) Act 2023*), as the case may be, and this Act shall apply accordingly.

• (2) Where, before the date on which this subsection comes into operation, an application for a certificate of naturalisation has been made under section 15 on behalf of a minor and, by that date, the application has not been determined, the application shall be deemed to have been made on behalf of that minor under section 15B (inserted by section 8 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023) and this Act shall apply accordingly.”.

9. Amendment of section 16A of Act of 1956

9. Section 16A(1) of the Act of 1956 is amended, in paragraph (c), by the substitution of “subsection (1) of section 16 of the International Protection Act 2015” for “subsection (2) of section 9 (amended by section 7(c)(i) of the Act of 2003) of the Act of 1996”.

10. Amendment of section 28 of Act of 1956

10. Section 28(2) of the Act of 1956 is amended by the substitution of “consular officer, or by the signature of an officer of the Minister duly authorised in that behalf by the Minister,” for “consular officer”.

PART 3 Amendment of Civil Liability Act 1961

11. Definition (Part 3)

11. In this Part, “Act of 1961” means the Civil Liability Act 1961.

12. Amendment of section 51H of Act of 1961

12. Section 51H of the Act of 1961 is amended by the insertion of the following definition:

“‘periodic payments index’ has the meaning assigned to it by section 51L(1);”.

13. Amendment of section 51I of Act of 1961

13. Section 51I(6) of the Act of 1961 is amended—

• (a) in paragraph (g), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L,”, and

• (b) in paragraph (h)(iv), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L,”.

14. Amendment of section 51J of Act of 1961

14. Section 51J(3) of the Act of 1961 is amended, in paragraph (b), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L”.

15. Amendment of section 51K of Act of 1961

15. Section 51K(3) of the Act of 1961 is amended, in paragraph (c), by the substitution of “periodic payments index” for “Harmonised Index of Consumer Prices as published by the Central Statistics Office or such other index as may be specified by the Minister under section 51L”.

16. Indexation of periodic payments

16. The Act of 1961 is amended by the substitution of the following section for section 51L:

“51L. (1) A periodic payments order shall provide for the amount of a payment under the order to be adjusted annually by reference to an index specified in regulations made under subsection (2) (in this Part referred to as a ‘periodic payments index’).

• (2) The Minister shall, with the consent of the Minister for Finance, make regulations specifying an index for the purposes of this section and without prejudice to the generality of the foregoing, regulations under this section may make provision for the following matters:

  • (a) the specification of different indices for different goods and services in respect of which a periodic payments order may be made;

  • (b) a fixed percentage increase for the purposes of providing that the amount of a payment under a periodic payments order reflects the rate of inflation, including wage inflation, in the State;

  • (c) such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

• (3) The Minister shall, in making regulations under subsection (2), have regard to—

  • (a) the relevance of the goods and services on which an index is based to the loss or expenditure, including cost of care and medical expenses, for which plaintiffs who are the subject of periodic payments orders are compensated,

  • (b) the body calculating the index,

  • (c) whether or not the index is accessible at the same time or times each year, and

  • (d) the reliability of the index over time.

• (4) The Minister shall, not more than 5 years after the coming into operation of this section, carry out a review (in this section referred to as an ‘initial review’) of the application of the periodic payments index in order to determine the suitability of that index for the purposes of the annual adjustment of the amount of payments provided for under periodic payments orders.

• (5) The Minister shall, not more than 5 years after the initial review or where he or she considers it appropriate to do so, carry out a review of the application of the periodic payments index for the purpose referred to in subsection (4).

• (6) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House sits after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

• (7) The periodic payments index shall apply to an annual adjustment of the amount of a payment to be made under a periodic payments order where the annual adjustment is made on or after the date of the coming into operation of Part 3 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023.”.

PART 4 Amendment of Juries Act 1976

17. Definition (Part 4)

17. In this Part, “Act of 1976” means the Juries Act 1976.

18. Amendment of section 2 of Act of 1976

18. Section 2(1) of the Act of 1976 is amended by the insertion of the following definitions:

“‘court office’ has the same meaning as it has in section 13 of the Courts and Court Officers Act 2009;

‘designated court office’ means the court office standing designated pursuant to section 4A;

‘relevant member of staff’ means a member of the staff of the Courts Service for the time being assigned to the designated court office;”.

19. Designated court office

19. The Act of 1976 is amended by the insertion, in Part 1, of the following section after section 4:

“4A. (1) The Courts Service may designate a court office as the designated court office for the purposes of this Act.

• (2) The Courts Service may, at any time after designating a court office under subsection (1), revoke that designation.

• (3) There shall be employed in a designated court office such and so many members of the staff of the Courts Service as the Courts Service shall from time to time determine.

• (4) The Courts Service shall, as soon as may be after it designates a court office under this section or revokes such a designation, publish notice of that fact in Iris Oifigiúil, but failure to so publish shall not affect the validity of the designation or revocation of the court office concerned.”.

20. Amendment of section 9 of Act of 1976

20. Section 9 of the Act of 1976 is amended—

• (a) in subsection (1), by the substitution of “who has been summoned” for “whom he has summoned”, and

• (b) in subsection (2), by the substitution of “who has been summoned” for “whom he has summoned”.

21. Amendment of section 10 of Act of 1976

21. The Act of 1976 is amended by the substitution of the following section for section 10:

“10. For the purpose of enabling a relevant member of staff authorised in that behalf by the Chief Executive Officer of the Courts Service to empanel and summon jurors, each county council, city council and city and county council, as registration authority (within the meaning of section 6 of the Electoral Act 1992), shall as soon as practicable after the publication of each register of Dáil electors for the county, city or city and county deliver to the designated court office such number of copies of the register as the designated court office may require.”.

22. Amendment of section 11 of Act of 1976

22. The Act of 1976 is amended by the substitution of the following section for section 11:

“11. A relevant member of staff duly authorised in that behalf by the Chief Executive Officer of the Courts Service, using a procedure of random or other non-discriminatory selection, shall draw up a panel of jurors for one or more courts within each jury district from the register or registers relating to the jury district concerned delivered to the designated court office under section 10 (omitting persons whom he or she knows or believes not to be qualified as jurors).”.

23. Amendment of section 12 of Act of 1976

23. Section 12 of the Act of 1976 is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) A relevant member of staff authorised in that behalf by the Chief Executive Officer of the Courts Service shall cause a summons in writing and in both the Irish and English languages, in such form as the Minister may by regulations prescribe, to be served on every person who has been selected as a juror pursuant to section 11 requiring the person—

  • (a) to attend as a juror at the court in question or other place specified in the summons for the reception of jurors on the day and at the time specified in the summons, and

  • (b) to thereafter attend at that court or place, as the case may be, or such other court or place as the court may direct, at such times as are directed by—

    • (i) the court, or

    • (ii) a relevant member of staff, where the member of staff is authorised to do so by the court.”,

and

• (b) in subsection (2), by the substitution of “the county registrar for the jury district in which the court in question is located” for “the county registrar”.

24. Amendment of section 13 of Act of 1976

24. Section 13(3) of the Act of 1976 is amended—

• (a) by the substitution of the following paragraph for paragraph (a):

• “(a) where the summons was issued prior to the coming into operation of section 24 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023—

  • (i) a certificate by the county registrar or an officer acting on his or her behalf that the registrar or officer posted a letter containing the summons addressed as provided in subsection (2) shall be evidence of the fact so certified, and

  • (ii) a certificate by the county registrar or an officer acting on his or her behalf or a member of the Garda Síochána that he or she personally delivered the summons to the juror on a specified date shall be evidence of the fact so certified,”,

and

• (b) by the substitution of the following paragraph for paragraph (b):

• “(b) where the summons was issued after the coming into operation of section 24 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023—

  • (i) a certificate by a relevant member of staff that the member of staff posted a letter containing the summons addressed as provided in subsection (2) shall be evidence of the fact so certified, and

  • (ii) a certificate by a relevant member of staff or a member of the Garda Síochána that he or she personally delivered the summons to the juror on a specified date shall be evidence of the fact so certified,

  and”.

25. Amendment of section 14 of Act of 1976

25. Section 14(1) of the Act of 1976 is amended by the substitution of “a relevant member of staff of Courts Service duly authorised in that behalf by the Chief Executive of the Courts Service” for “the county registrar”.

26. Amendment of section 16 of Act of 1976

26. Section 16(1) of the Act of 1976 is amended by the substitution of “the designated court office” for “the county registrar”.

27. Amendment of section 22 of Act of 1976

27. Section 22(3) of the Act of 1976 is amended by the substitution of “the Courts Service” for “the county registrar or other officer acting as registrar to the court during the trial”.

28. Repeal of section 27 of Act of 1976

28. Section 27 of the Act of 1976 is repealed.

29. Amendment of section 35 of Act of 1976

29. Section 35 of the Act of 1976 is amended by the substitution of the following subsection for subsection (1):

• “(1) If any person who has been duly summoned as a juror makes or causes or permits to be made on his behalf a false representation to—

  • (a) the county registrar or any person acting on his behalf,

  • (b) a relevant member of staff, or

  • (c) a judge,

  with the intention of evading jury service, he or she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500.”.

PART 5 Amendment of Bankruptcy Act 1988

30. Definition (Part 5)

30. In this Part, “Act of 1988” means the Bankruptcy Act 1988.

31. Amendment of section 3 of Act of 1988

31. Section 3 of the Act of 1988 is amended, in paragraph (ii) of the definition of “Bankruptcy Inspector”, by the substitution of “a position” for “the position”.

32. Amendment of section 11 of Act of 1988

32. Section 11(1) of the Act of 1988 is amended by—

• (a) the substitution of the following paragraph for paragraph (d):

• “(d) (i) the debtor’s centre of main interests is situated in the State,

• (ii) the debtor’s centre of main interests is situated in another member state and the debtor has an establishment within the State, or

• (iii) the Insolvency Regulation¹ does not apply to the proceedings, and the debtor (whether an Irish citizen or not)—

  • (I) is domiciled in the State, or

  • (II) within 3 years before the date of the presentation of the petition—

  • (A) has ordinarily resided or had a dwelling-house or place of business in the State,

  • (B) has carried on business in the State personally or by means of an agent or manager, or

    • (C) is, or within the said period has been, a member of a partnership which has carried on business in the State by means of a partner, agent or manager.”,

and

• (b) the insertion of the following subsection after subsection (5):

• “(6) For the purposes of this section, ‘centre of main interests’ shall be construed in accordance with the Insolvency Regulation.”.

33. Amendment of section 17 of Act of 1988

33. Section 17 of the Act of 1988 is amended by the substitution of the following subsection for subsection (2):

• “(2) The Court shall cause notice of the adjudication to be given as soon as may be by the publication of the notice on the website of the Insolvency Service of Ireland.”.

34. Amendment of section 56 of Act of 1988

34. Section 56 of the Act of 1988 is amended—

• (a) in subsection (1), by the deletion of the words “with the leave of the Court and”,

• (b) by the insertion of the following subsection after subsection (1):

• “(1A) The Official Assignee shall give notice in writing of the disclaimer to each person who, to the Official Assignee’s knowledge at the time of the disclaimer—

  • (a) has an interest in the disclaimed property (including any person who is in occupation of, or claims a right to occupy, the property as that person’s principal private residence, as defined in section 2 of the Personal Insolvency Act 2012, subject to the modification that a reference to the debtor shall be taken as a reference to that person), or

  • (b) is under a liability not discharged by this Act in respect of the disclaimed property.”,

and

• (c) by the substitution of the following subsection for subsection (4):

• “(4) The Court may, on application by—

  • (a) the Official Assignee, at any time, or

  • (b) any person to whom subsection (1A) applies, before the end of the period of 28 days beginning on the day on which notice was given,

  give such directions and make such other order in the matter as the Court thinks just.”.

35. Statement of affairs

35. The Act of 1988 is amended by the insertion of the following section after section 61:

“61A. (1) A debtor or a bankrupt, when completing a statement of affairs, shall make full and honest disclosure of his or her financial affairs and ensure that, to the best of his or her knowledge, the statement of affairs is true, accurate and complete.

• (2) Unless the Court otherwise directs, a debtor or bankrupt shall not file a statement of affairs with the Court unless the statement of affairs has been stamped, electronically or otherwise, by the Official Assignee.

• (3) The Official Assignee may refuse to stamp a statement of affairs for the purposes of subsection (2) where he or she is not satisfied that the statement of affairs is true, accurate and complete.

• (4) The Official Assignee may carry out such checks or make such enquiries as he or she considers necessary or appropriate to verify the truth, accuracy and completeness of any matter referred to in a statement of affairs.”.

36. Provision of information to Official Assignee

36. The Act of 1988 is amended by the insertion of the following section after section 61:

“61B. (1) The Official Assignee may make such enquiries of, and request such information from, a person as the Official Assignee considers to be necessary and proportionate for the performance by him or her of his or her functions under section 61.

• (2) A person of whom an enquiry or a request under subsection (1) is made shall provide the information the subject of the enquiry or request to the Official Assignee within such time as may be specified by the Official Assignee.

• (3) In this section and section 61A—

‘Act of 2018’ means the Data Protection Act 2018;

‘Article 10 data’ means personal data referred to in Article 10 of the General Data Protection Regulation;

‘General Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016² on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC;

‘information’ includes personal data, special categories of personal data and Article 10 data;

‘personal data’ has the same meaning as it has in the General Data Protection Regulation;

‘special categories of personal data’ has the same meaning as it has in the Act of 2018.”.

37. Amendment of section 82 of Act of 1988

37. Section 82 of the Act of 1988 is amended—

• (a) by the substitution of the following subsection for subsection (2):

• “(2) The Official Assignee shall—

  • (a) within four working days of the filing under subsection (1), cause notice of the filing to be given to the creditors concerned by the publication of the notice on the website of the Insolvency Service, or in such other manner as the Minister may, by regulation, prescribe, and

  • (b) within four working days of the publication of the notice under paragraph (a), provide, by a notice in such form as the Minister may by regulation prescribe, particulars to the creditors concerned of how it is proposed to distribute the estate.”,

• (b) by the insertion of the following subsection after subsection (2):

• “(2A) The Official Assignee shall distribute the estate in the manner set out in the particulars provided under subsection (2)(b) no earlier than 15 days after the provision of such particulars but no such distribution shall be made without leave of the Court where an application under subsection (3) has been made by a creditor.”,

• (c) by the substitution of the following subsection for subsection (3):

• “(3) The Court may, on the application of a creditor, make such order as it thinks fit in respect of the distribution of the estate or any part thereof by payment of the expenses, fees, costs and preferential payments, as well as the relevant dividend and any such application shall be made within 14 days of the provision of particulars under subsection (2)(b).”,

• (d) in subsection (4), by the substitution of “list” for “file” in both places where it occurs, and

• (e) by the substitution of the following subsection for subsection (6):

• “(6) In any case where there are no funds or, in the opinion of the Official Assignee, insufficient funds available for distribution to the creditors, the Official Assignee may pay the expenses, fees, costs and preferential payments in that order, so far as the funds extend, and where a balance remains it shall be transferred to the bank account referred to in section 84(1).”.

38. Amendment of section 85D of Act of 1988

38. Section 85D of the Act of 1988 is amended—

• (a) by the substitution of the following subsection for subsection (3):

• “(3) Subject to subsections (3A) and (3B)—

  • (a) an order made under subsection (1) shall have effect for no longer than 3 years from the date of the order coming into operation, save in circumstances where the bankrupt has not complied with the order and in such circumstances the order shall have effect until such time as it has been complied with, and

  • (b) where the Court has varied the order under subsection (5), such variation shall not cause the order to have effect for a period of more than 3 years, save in circumstances where the bankrupt has not complied with the varied order, and in such circumstances that varied order shall have effect until such time as it has been complied with.”,

and

• (b) by the substitution of the following subsection for subsection (3B):

• “(3B) Where the Court has made an order under section 85A(4)—

  • (a) a bankruptcy payment order made under subsection (1) shall have effect for no longer than 5 years from the date of that order coming into operation, save in circumstances where the bankrupt has not complied with the bankruptcy payment order and in such circumstances that order shall have effect until such time as it has been complied with, and

  • (b) where the Court has varied the bankruptcy payment order under subsection (5), such variation shall not cause that order to have effect for a period of more than 5 years, save in circumstances where the bankrupt has not complied with the varied order and in such circumstances that varied order shall have effect until such time as it has been complied with.”.

PART 6 Amendment of Occupiers’ Liability Act 1995

39. *Definition (Part 6)*

39. In this Part, “Act of 1995” means the Occupiers’ Liability Act 1995.

40. Amendment of section 3 of Act of 1995

40. Section 3 of the Act of 1995 is amended—

• (a) by the insertion of the following subsection after subsection (1):

• “(1A) Without prejudice to the generality of subsection (2), in determining the extent of the common duty of care of an occupier towards a visitor, and whether it has been complied with by the occupier, regard shall be had, as appropriate, to all of the circumstances and matters referred to in that subsection, which shall include but are not limited to the following:

  • (a) the probability of a danger existing on the premises;

  • (b) the probability of the occurrence of an injury to, or of damage suffered by, a visitor by reason of a danger existing on the premises;

  • (c) the probable severity of an injury to a visitor that might result from a danger existing on the premises;

  • (d) the practicability, and the cost, of precautions or preventative measures;

  • (e) where applicable, the social utility of the activity or conduct that gives rise to the risk of injury or damage referred to in paragraph (b).”,

and

• (b) in subsection (2), by the substitution of “section and subject to section 5A” for “section”.

41. Amendment of section 4 of Act of 1995

41. Section 4 of the Act of 1995 is amended—

• (a) in subsection (2)—

• (i) in paragraph (a), by the substitution of “knew of, or was reckless as to whether,” for “knew or had reasonable grounds for believing that”,

• (ii) in paragraph (b), by the substitution of “knew of, or was reckless as to whether,” for “knew or had reasonable grounds for believing that”,

• (iii) in paragraph (c), by the substitution of “knew of, or was reckless as to whether,” for “knew or had reasonable grounds for believing that”,

• (iv) by the deletion of paragraph (d), and

• (v) in paragraph (g), by the substitution of “person, including whether or not he or she entered onto the premises as a trespasser, and” for “person, and”,

• (b) in subsection (3)(a), by the substitution of “in exceptional circumstances, having regard to matters such as the nature of the offence, the extent of the recklessness on the part of the occupier, or the fact that the person was not a trespasser” for “in the interests of justice”,

• (c) in subsection (4), by the substitution of “shall, subject to section 5A, owe” for “shall owe”, and

• (d) by the insertion of the following subsection after subsection (4):

• “(5) Without prejudice to the generality of subsection (4), in determining under that subsection whether or not an occupier has complied with the duty to take reasonable care to maintain a structure in a safe condition, regard shall be had, as appropriate, to all of the circumstances of the case, which shall include but are not limited to the following:

  • (a) the probability of a danger existing on the premises;

  • (b) the probability of the occurrence of an injury to, or of damage suffered by, a recreational user by reason of a danger existing on the premises;

  • (c) the probable severity of an injury to a recreational user that might result from a danger existing on the premises;

  • (d) the practicability, and the cost, of precautions or preventative measures;

  • (e) where applicable, the social utility of the activity or conduct that gives rise to the risk of injury or damage referred to in paragraph (b).”.

42. Insertion of section 5A into Act of 1995

42. The Act of 1995 is amended by the insertion of the following section after section 5:

“Voluntary assumption of risk

5A. (1) The common duty of care under section 3 shall not impose on an occupier any obligation to a visitor in respect of risks willingly accepted by the visitor where that visitor is capable of comprehending the nature and extent of those risks.

• (2) An occupier shall not owe any duty pursuant to section 4(4) to a recreational user of the premises in respect of risks willingly accepted by the recreational user where the recreational user is capable of comprehending the nature and extent of those risks.

• (3) A determination under subsection (1) or (2) that a visitor or recreational user has willingly accepted a risk may be based on the words or conduct of the visitor or recreational user without a requirement for evidence of communication or interaction with the occupier of the premises in question.

• (4) Section 34(1)(b) of the Civil Liability Act 1961 shall not apply in relation to the making of a determination under subsection (1) or (2) that a visitor or recreational user has willingly accepted a risk.”.

PART 7 Amendment of Immigration Act 1999

43. Definition (Part 7)

43. In this Part, “Act of 1999” means the Immigration Act 1999.

44. Amendment of section 3 of Act of 1999

44. Section 3 of the Act of 1999 is amended—

• (a) in subsection (4)(b), by the substitution of “subject to subsection (4A), a statement” for “a statement”,

• (b) by the insertion of the following subsection after subsection (4):

• “(4A) The provisions of subsection (4)(b) shall not apply where—

  • (a) the person has been by a final judgment convicted in the State of a serious offence, or

  • (b) the Minister is of the opinion that there are reasonable grounds for regarding the person as a danger to the security of the State.”,

and

• (c) by the substitution of the following subsection for subsection (12):

• “(12) In this section—

‘serious offence’ means an offence for which a person of full age and capacity and not previously convicted may be punished by imprisonment for a term of five years or by a more severe penalty;

‘working day’ means any day not being a Saturday, Sunday or public holiday.”.

45. Amendment of section 6 of Act of 1999

45. Section 6 of the Act of 1999 is amended—

• (a) in subsection (1)—

• (i) in paragraph (a), by the substitution of “her,” for “her, or”,

• (ii) in paragraph (b), by the substitution of “at that address, or” for “at that address.”, and

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) by sending it to him or her by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.”,

• (b) by the insertion of the following subsection after subsection (1):

• “(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—

  • (a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or

  • (b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.”,

and

• (c) by the substitution of the following subsections for subsection (2):

• “(2) Where a notice under this Act has been sent to a person in accordance with—

  • (a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

  • (b) paragraph (c) of subsection (1), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.

• (3) In this section—

‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details;

‘registration officer’ has the same meaning as it has in the Immigration Act 2004.”.

PART 8 Amendment of Immigration Act 2004

46. Definition (Part 8)

46. In this Part, “Act of 2004” means the Immigration Act 2004.

47. Amendment of section 4 of Act of 2004

47. Section 4 of the Act of 2004 is amended—

• (a) in subsection (3)(k), by the substitution of “non-national;” for “non-national.”, and

• (b) in subsection (7), by the substitution of “whether or not an application is made by the non-national concerned” for “on application therefor by the non-national concerned”.

48. Amendment of section 18 of Act of 2004

48. Section 18 of the Act of 2004 is amended—

• (a) in subsection (1)—

• (i) in paragraph (a), by the substitution of “her,” for “her, or”,

• (ii) in paragraph (b), by the substitution of “at that address, or” for “at that address.”,

• (iii) by the insertion of the following paragraph after paragraph (b):

• “(c) by sending it by electronic means in accordance with subsection (1A), in a case in which he or she has given notice in writing to the Minister or to a registration officer of his or her consent to it (or notices of a class to which it belongs) being served on or given to him or her in that manner.”,

• (b) by the insertion of the following subsection after subsection (1):

• “(1A) For the purposes of subsection (1)(c), a notice is sent to a person by electronic means in accordance with this subsection—

  • (a) if it is sent to an email address that the person has furnished to the Minister or to a registration officer for that purpose, or

  • (b) in a case in which the person is registered on an electronic interface, by leaving it on that electronic interface.”,

and

• (c) by the substitution of the following subsections for subsection (2):

• “(2) Where a notice has been sent to a person in accordance with—

  • (a) paragraph (b) of subsection (1), the notice shall be deemed to have been duly served on or given to the person on the third working day after the day on which it was so sent, and

  • (b) paragraph (c) of subsection (1), the notice shall be deemed to have been duly served on or given to the person when the sender’s facility for the delivery of notices by electronic means generates a message or other record confirming the delivery of the notice by the electronic means used.

• (3) In this section, ‘electronic interface’ means a secure information technology platform, portal, exchange network or other similar interface maintained by, or on behalf of, the Minister which requires personal log-in details.”.

PART 9 Amendment of Civil Liability and Courts Act 2004

49. Definition (Part 9)

49. In this Part, “Act of 2004” means the Civil Liability and Courts Act 2004.

50. Amendment of section 17 of Act of 2004

50. Section 17(2) of the Act of 2004 is amended by the substitution of “Subject to subsection (6A), the” for “The”.

51. Pre-action offers to settle clinical negligence claims

51. The Act of 2004 is amended by the insertion of the following section after section 17:

“17A. (1) Where an offer to settle is made, before the bringing of a clinical negligence action, in respect of a claim relating to a catastrophic injury (within the meaning of Part IVB of the Act of 1961)—

• (a) the offer to settle shall specify the proportion of the amount of the offer to settle that is attributable to—

  • (i) the future medical treatment of the plaintiff,

  • (ii) the future care of the plaintiff,

  • (iii) the provision of assistive technology or other aids and appliances associated with the medical treatment and care of the plaintiff, and

  • (iv) the future loss of earnings of the plaintiff,

  and

• (b) a copy of the offer to settle shall be lodged in court by, or on behalf of, the party by which it was made.

• (2) The terms of an offer to settle shall not be communicated to the judge in the trial of a clinical negligence action until after he or she has delivered judgment in the action.

• (3) Subject to subsection (4), the court shall, when considering the making of an order as to the payment of the costs in a clinical negligence action, have regard to—

  • (a) the terms of an offer to settle, and

  • (b) the reasonableness of the conduct of the party by whom the offer was made in making the offer.

• (4) Where a court has made a periodic payments order (within the meaning of Part IVB of the Act of 1961) in a clinical negligence action, the court shall, when considering the making of an order as to the payment of the costs in the action, have regard to—

  • (a) the terms of any offer to settle, other than those terms which relate to the matters referred to in subparagraphs (i) to (iv) of paragraph (a) of subsection (1), and

  • (b) the reasonableness of the conduct of the parties to the action concerned in making any offers to settle.

• (5) In determining liability for the part of the costs of a clinical negligence action relating to the matters referred to in subparagraphs (i) to (iv) of paragraph (a) of subsection (1), the court shall have regard to—

  • (a) any offers not expressed to be without prejudice or in terms having like effect, and

  • (b) any offers made without prejudice save as to the issue of costs which were made by or on behalf of a party to the action after the commencement of the trial of the action, to effect a settlement of that action.

• (6) This section is in addition to and not in substitution for any rule of court providing for the payment into court of a sum of money in satisfaction of a cause of action or the making of an offer of tender of payment to the other party or parties to an action.

• (7) In this section—

‘clinical negligence action’ has the same meaning as it has in Part 2A;

‘offer to settle’ means an offer made by any party to a clinical negligence action to settle the claim to which the action relates in accordance with the pre-action protocol within the meaning of Part 2A.”.

52. Amendment of section 33 of Act of 2004

52. Section 33 of the Act of 2004 is amended—

• (a) by the substitution of the following definition for the definition of “accounts”:

“‘accounts’ means—

• (a) the general cash account,

• (b) the dormant account of the funds of suitors of the High Court,

• (c) the ledger account,

• (d) the special account for small balances,

• (e) the dormant account of the funds of suitors of the Circuit Court, and

• (f) the dormant funds of suitors of the District Court;”,

• (b) by the insertion of the following definitions:

“‘dormant account of the funds of suitors of the Circuit Court’ means the general ledger account for dormant balance maintained in accordance with Order 18 of the Circuit Court Rules, containing the balances of funds standing to the credit of ledger accounts carried over to the said ledger account by the Accountant, together with the interest and dividends accruing thereon;

‘dormant funds of suitors of the District Court’ means any funds for the time being lodged in, or under the control of, the District Court in civil proceedings, pursuant to any order of the District Court or statute or the District Court Rules for the time being in force, where no transaction has been effected on that fund for a period of not less than 15 years ending on the relevant date;”,

and

• (c) by the substitution of the following definition for the definition of “fully indemnified”:

“‘fully indemnified’ means, in relation to a person—

• (a) that, in the case of funds in the form of money, the person has been paid the amount standing to his or her credit on the date that the funds were paid into—

  • (i) the dormant account of the funds of suitors of the High Court,

  • (ii) the dormant account of the funds of suitors of the Circuit Court, or

  • (iii) the dormant funds of suitors of the District Court,

  as the case may be, and any interest accruing from that date, and

• (b) that, in the case of funds other than in the form of money, the person has been paid the amount standing to his or her credit on the date of their realisation and any interest accruing thereon from that date;”.

53. Realisation of investment of dormant account of funds of suitors of Circuit Court and dormant funds of suitors of District Court

53. The Act of 2004 is amended by the insertion of the following section after section 34:

“34A. (1) The Chief Justice shall, as soon as may be after the commencement of section 53 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, order the Accountant to realise all of the investments of—

• (a) the dormant account of the funds of suitors of the Circuit Court, and

• (b) the dormant funds of suitors of the District Court.

• (2) The Chief Justice shall, not later than 3 months after—

  • (a) the expiration of 5 years from the making of an order under subsection (1), and

  • (b) the expiration of each subsequent period of 5 years from the date on which an order under this section is made,

  order the Accountant to realise all of the investments of—

  - (i) the dormant account of the funds of suitors of the Circuit Court, and
  
  - (ii) the dormant funds of suitors of the District Court.
  

• (3) The Accountant shall comply with an order of the Chief Justice under this section.

• (4) In this section, ‘investments’ means, in relation to the dormant account of the funds of suitors, assets other than cash.”.

54. Amendment of section 35 of Act of 2004

54. The Act of 2004 is amended by the substitution of the following section for section 35:

“35. (1) The financial institution shall pay out of the general cash account to the Exchequer such sums as the Chief Justice, from time to time, directs, not exceeding 97. 5 per cent of the aggregate of the amounts in the form of money standing in—

• (a) the dormant account of the funds of suitors of the High Court,

• (b) the special account for small balances,

• (c) the dormant account of the funds of suitors of the Circuit Court, and

• (d) the dormant funds of suitors of the District Court,

as may be required for the purposes of subsection (2).

• (2) The sums paid to the Exchequer pursuant to a direction under subsection (1) may be applied from time to time, by the Minister, with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform, for the purposes of defraying the costs of providing, managing and maintaining—

  • (a) court buildings under section 5(d) of the Courts Service Act 1998, and

  • (b) information and communications technology facilities for courts, court offices and the Courts Service.”.

55. Amendment of section 38 of Act of 2004

55. The Act of 2004 is amended by the substitution of the following section for section 38:

“38. (1) The Accountant shall establish and maintain a register of funds of suitors (in this section referred to as the ‘register’).

• (2) The register shall contain the following particulars in respect of all funds paid into the dormant accounts of the funds of suitors of the High Court, the dormant accounts of the funds of suitors of the Circuit Court and the dormant funds of suitors of the District Court respectively:

  • (a) the court in which the proceedings were instituted;

  • (b) the title of the proceedings to which the funds relate;

  • (c) the names of the parties to those proceedings and the addresses at which they ordinarily reside;

  • (d) the ledger account number;

  • (e) the value of the investments realised in accordance with section 34 or section 34A on the date of their realisation;

  • (f) the date on which those funds were paid into the dormant accounts concerned;

  • (g) if those funds were repaid to the ledger account, the date on which they were so repaid;

  • (h) in relation to funds of suitors of the High Court, the account number of the special account for small balances;

  • (i) in relation to funds of suitors of the High Court, the moneys paid over to the special account for small balances, and

  • (j) such other matters as are provided for by rules of court or—

    • (i) in relation to funds lodged in proceedings in the High Court, as the President of the High Court directs,

    • (ii) in relation to funds lodged in proceedings in the Circuit Court, as the President of the Circuit Court directs, and

    • (iii) in relation to funds lodged in proceedings in the District Court, as the President of the District Court directs.

• (3) Where funds have been registered under this Act prior to the commencement of section 55 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, that registration shall continue to have effect and such registration shall form part of the register maintained under subsection (1).”.

56. Amendment of section 40 of Act of 2004

56. Section 40 of the Act of 2004 is amended by the insertion of the following subsection after subsection (7):

• “(7A) The leave of a court shall not be required for—

  • (a) the production of a document in accordance with subsection (6), or

  • (b) the giving of information or evidence in accordance with subsection (7).”.

PART 10 Amendment of Legal Services Regulation Act 2015

57. Definition (Part 10)

57. In this Part, “Act of 2015” means the Legal Services Regulation Act 2015.

58. Amendment of section 1 of Act of 2015

58. Section 1 of the Act of 2015 is amended—

• (a) in subsection (2), by the deletion of “, other than section 100,”, and

• (b) by the deletion of subsection (3).

59. Amendment of section 95 of Act of 2015

59. The Act of 2015 is amended by the substitution of the following section for section 95:

“95. (1) Subject to section 97, the following shall, in accordance with this Part, pay to the Authority in each financial year a levy (in this Part referred to as ‘the levy’) in the amount determined in accordance with this Part:

• (a) the Law Society;

• (b) the Bar Council;

• (c) each barrister who is not a member of the Law Library.

• (2) The levy referred to in subsection (1) shall be collected and retained by the Authority to be used to meet—

  • (a) the expenses of the Authority and of the Disciplinary Tribunal incurred in the performance by them of their functions under this Act, and

  • (b) the repayments by the Authority of any advances made by the Minister under section 32.”.

60. Insertion of sections 95A to 95D in Act of 2015

60. The Act of 2015 is amended by the insertion of the following sections after section 95: