COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2023

“Determination of levy

95A. (1) The amount of the levy payable in each financial year shall be the sum of—

• (a) the expenses of the Authority, and the expenses of the Disciplinary Tribunal, in respect of the levy year, calculated in accordance with this section, and

• (b) the amount determined by the Minister under subsection (2) in respect of the financial year.

• (2) The Minister shall, as soon as practicable after the beginning of each financial year, and following consultation with the Authority, determine the amount that the Authority shall pay to him or her in the financial year in repayment of advances made by him or her to the Authority under section 32.

• (3) The Authority shall, as soon as practicable after the beginning of each financial year, with the consent of the Minister and in accordance with this section, calculate, in respect of the levy year—

  • (a) the expenses of the Authority, and

  • (b) the expenses of the Disciplinary Tribunal.

• (4) The Authority, for the purposes of subsection (3), shall—

  • (a) calculate in respect of each body—

    • (i) the income of the body in the levy year,

    • (ii) the operating costs and administrative expenses that were properly incurred by the body in the levy year in the performance by it of its functions under this Act, and

    • (iii) the surplus or deficit arising in relation to the body in the levy year,

    and

  • (b) determine the budgeted net expenditure of each body in the financial year.

• (5) Where the Authority calculates under subsection (4) that a surplus exists in respect of a body in the levy year, it may, with the consent of the Minister, do either or both of the following:

  • (a) retain the amount of the surplus, or a portion thereof, as a reserve;

  • (b) deduct under subsection (7) the amount of the surplus, or a portion thereof, from the amount calculated under subsection (4)(a)(ii) in relation to the body.

• (6) Where the Authority calculates under subsection (4) that a deficit exists in respect of a body in the levy year, it may, with the consent of the Minister, do either or both of the following:

  • (a) use any reserves of the body, or any portion thereof, to meet or reduce the amount of the deficit;

  • (b) add under subsection (7) the amount of the deficit, or a portion thereof, to the amount calculated under subsection (4)(a)(ii) in relation to the body.

• (7) For the purposes of this Part, the net expenditure of a body in a given year shall be the amount that is the sum of the operating costs and administrative expenses that were properly incurred by the body in the year in the performance by it of its functions under this Act and the amount (if any) to which subsection (6)(b), in relation to the year, applies, less the amount (if any) to which subsection (5)(b), in relation to the year, applies.

• (8) For the purposes of this Part, the expenses of the Authority in respect of a levy year are the sum of—

  • (a) the net expenditure of the Authority in the levy year, calculated in accordance with subsection (7), and

  • (b) where applicable, the amount by which the budgeted net expenditure of the Authority in the financial year exceeds the amount, in respect of the levy year, calculated under subsection (4)(a)(ii) in relation to the Authority.

• (9) For the purposes of this Part, the expenses of the Disciplinary Tribunal in respect of a levy year are the sum of—

  • (a) the net expenditure of the Disciplinary Tribunal in the levy year, calculated in accordance with subsection (7), and

  • (b) where applicable, the amount by which the budgeted net expenditure of the Disciplinary Tribunal in the financial year exceeds the amount, in respect of the levy year, calculated under subsection (4)(a)(ii) in relation to the Disciplinary Tribunal.

• (10) A reference in this section to the budgeted net expenditure of a body in a year is a reference to the net expenditure that is reasonably expected to be incurred by the body in that year in the performance by it of its functions under this Act.

• (11) In this Part—

‘body’ means one of the following:

- (a) the Authority;

- (b) the Disciplinary Tribunal;

  ‘deficit’ means, in relation to a body, the amount by which the operating costs and administrative expenses of the body in a year exceed the income of the body in the year;

  ‘expenses of the Authority’ shall be construed in accordance with subsection (8);

  ‘expenses of the Disciplinary Tribunal’ shall be construed in accordance with subsection (9);

  ‘financial year’ means the period of 12 months beginning on 1 January and ending on 31 December;

  ‘levy year’ means, in relation to a financial year, the year immediately preceding the financial year;

  ‘net expenditure’, in relation to a body, shall be construed in accordance with subsection (7);

  ‘operating costs and administrative expenses’—

- (a) in relation to the Authority, includes the following:

    - (i) the remuneration (including allowances for expenses) of the members of the Authority;

    - (ii) the remuneration (including allowances for expenses and superannuation benefits) of inspectors and members of the staff of the Authority;

    - (iii) any superannuation contributions paid in respect of the members of the staff of the Authority out of moneys provided by the Oireachtas;

    - (iv) fees due to consultants and advisers appointed under section 17;

    - (v) the cost of office premises;

    - (vi) any capital expenditure incurred by the Authority or portion thereof;

    - (vii) any costs or expenses, not referred to in subparagraphs (i) to (vi), incurred by the Authority in the performance of its functions under this Act,

      and

- (b) in relation to the Disciplinary Tribunal, includes the following:

    - (i) the remuneration (including allowances for expenses) of the members of the Disciplinary Tribunal;

    - (ii) the remuneration (including allowances for expenses and superannuation benefits) of members of staff of the Disciplinary Tribunal;

    - (iii) any superannuation contributions paid in respect of the members of the staff of the Disciplinary Tribunal out of moneys provided by the Oireachtas;

    - (iv) the cost of office premises;

    - (v) any capital expenditure incurred by the Disciplinary Tribunal or portion thereof;

    - (vi) any costs or expenses, not referred to in subparagraphs (i) to (v), incurred by the Disciplinary Tribunal in the performance of its functions under this Act;

      ‘superannuation benefits’ means pensions, gratuities and other allowances payable on resignation, retirement or death.

      ‘surplus’ means, in relation to a body, the amount by which the income of the body in a year exceeds the operating costs and administrative expenses of the body in the year.

      **Apportionment of levy**

      **95B.** (1) The Authority shall, in relation to the net expenditure of the Authority calculated under section 95A(7) in respect of a levy year, determine—

- (a) the proportion of the net expenditure that was incurred by the Authority in the performance of its functions—

    - (i) under Part 6, and

    - (ii) under this Act, other than Part 6,

      and

- (b) in relation to the net expenditure of the Authority to which paragraph (a)(i) applies, the proportion of that net expenditure that was incurred by the Authority in the consideration and investigation of each of the following:

    - (i) complaints in respect of solicitors;

    - (ii) complaints in respect of barristers who were members of the Law Library;

    - (iii) complaints in respect of barristers who were not members of the Law Library.

• (2) This subsection applies to the amount that is the sum of—

  • (a) the amount to which section 95A(8)(b) applies in the levy year, and

  • (b) the amount determined by the Minister under section 95A(2) in respect of the financial year.

• (3) The Authority shall, in relation to the amount to which subsection (2) applies, determine the proportion of the amount that—

  • (a) bears to the amount the same proportion as the proportion determined under subsection (1)(a)(i) bears to the net expenditure of the Authority referred to in subsection (1), and

  • (b) bears to the amount the same proportion as the proportion determined under subsection (1)(a)(ii) bears to the net expenditure of the Authority referred to in subsection (1).

• (4) The Authority, in consultation with the Disciplinary Tribunal, shall, in relation to the net expenditure of the Disciplinary Tribunal, calculated under section 95A(7) in respect of a levy year, determine the proportion of that net expenditure that was incurred by the Disciplinary Tribunal in the consideration of applications brought before it that concerned each of the following:

  • (a) complaints in respect of solicitors;

  • (b) complaints in respect of barristers who were members of the Law Library;

  • (c) complaints in respect of barristers who were not members of the Law Library.

• (5) The Authority shall calculate the following amounts:

  • (a) the amount that is the sum of—

    • (i) the amount that represents the proportion of the net expenditure of the Authority determined under paragraph (a)(i) of subsection (1), and

    • (ii) the amount that represents the proportion of the amount to which subsection (2) applies, determined under paragraph (a) of subsection (3);

  • (b) the amount that is the sum of—

    • (i) the amount that represents the proportion of the net expenditure of the Authority determined under paragraph (a)(ii) of subsection (1), and

    • (ii) the amount that represents the proportion of the amount to which subsection (2) applies, determined under paragraph (b) of subsection (3);

  • (c) the amount that is the sum of—

    • (i) the net expenditure of the Disciplinary Tribunal in the levy year, and

    • (ii) the amount to which section 95A(9)(b) applies in the levy year.

• (6) The liability for payment of the amount of the levy referred to in section 95A(1) shall be apportioned as follows:

  • (a) of the amount to which subsection (5)(a) applies—

    • (i) 10 per cent of that amount shall be apportioned pro rata between the Bar Council and the barristers who were not members of the Law Library in the levy year, according to the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on that roll as barristers who were not such members, respectively, in the levy year,

    • (ii) 10 per cent of that amount shall be apportioned to the Law Society, and

    • (iii) the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the proportion, calculated under paragraph (b) of subsection (1), of the net expenditure referred to in that paragraph that was incurred by the Authority in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of that paragraph;

  • (b) the amount referred to in subsection (5)(b) shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the number of practising solicitors, the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year;

  • (c) of the amount to which subsection (5)(c) applies—

    • (i) 10 per cent of that amount shall be apportioned pro rata between the Bar Council and the barristers who were not members of the Law Library in the levy year, according to the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year,

    • (ii) 10 per cent of that amount shall be apportioned to the Law Society,

    • (iii) subject to subparagraph (iv), the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the proportion, calculated under subsection (4), of the net expenditure referred to in that subsection that was incurred in the consideration of applications brought before the Disciplinary Tribunal that concerned complaints in respect of each category of legal practitioner referred to in paragraphs (a), (b) and (c) of that subsection,

    • (iv) where no applications were brought before the Disciplinary Tribunal in the levy year concerned, the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the number of practising solicitors, the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year.

• (7) The Authority shall—

  • (a) calculate, in accordance with subsection (6), the proportion of the amount of the levy referred to in section 95A(1) that is payable by—

    • (i) the Law Society,

    • (ii) the Bar Council, and

    • (iii) the barristers who were not members of the Law Library in the levy year,

    and

  • (b) apportion the amount calculated under paragraph (a)(iii) equally among all the barristers who were not members of the Law Library in the levy year.

• (8) A reference in this section to a proportion is a reference to a reasonable and approximate proportion, calculated by the Authority using proxy measures and cost accounting methodologies provided for in regulations under section 98.

Provisions supplementary to section 95B

95C. (1) For the purposes of this Part, the name of a barrister shall be deemed to have been on the roll in a levy year where the barrister was not a barrister to whom section 97 applies and his or her name was—

- (a) on the roll on the effective date in the levy year, or

- (b) at any time during the levy year prior to the effective date, removed from the roll, other than where such removal was done—

    - (i) on the request of the person concerned, where he or she, in the levy year, acquired a solicitor’s practising certificate, or

    - (ii) under section 135(1)(d).

• (2) For the purposes of this Part, a person shall be deemed to have been a practising solicitor in a levy year where he or she held a practising certificate during the levy year, other than where, during the levy year:

  • (a) his or her name was entered on the roll and was removed from the roll, other than in circumstances referred to in subparagraph (i) or (ii) of subsection (1)(b),

  • (b) his or her name was entered on the roll, and was on the roll on the effective date, or

  • (c) he or she died.

• (3) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who was a member of the Law Library in a levy year where—

  • (a) on the effective date in that year, or

  • (b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

  his or her name was on the roll and the entry concerned specified that he or she was a member of the Law Library.

• (4) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who is not a member of the Law Library in a levy year where—

  • (a) on the effective date in that year, or

  • (b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

  his or her name was on the roll and the entry concerned specified that he or she was not a member of the Law Library.

• (5) A reference in this Part—

  • (a) to the number of barristers whose names were on the roll in a levy year shall be construed as a reference to the number of barristers whose names are deemed under subsection (1) to have been on the roll,

  • (b) to the number of barristers whose names were on the roll as members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (3) to have been a member of the Law Library in the levy year,

  • (c) to the number of barristers whose names were on the roll as barristers who were not members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (4) to have been a barrister who was not a member of the Law Library in the levy year, and

  • (d) to the number of practising solicitors in a levy year shall be construed as a reference to the number of persons who are deemed under subsection (2) to have been practising solicitors in that levy year.

• (6) For the purposes of this Part—

  • (a) a complaint shall be deemed to be a complaint in respect of a barrister who was a member of the Law Library where—

    • (i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was a member of the Law Library,

    • (ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who was a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

    • (iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is a member of the Law Library,

    and

  • (b) a complaint shall be deemed to be a complaint in respect of a barrister who was not a member of the Law Library where—

    • (i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was not a member of the Law Library,

    • (ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who is not a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

    • (iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is not a member of the Law Library.

• (7) Where—

  • (a) a complaint in respect of a barrister relates to more than one act or omission,

  • (b) at the time of the acts or omissions to which the complaint relates, the name of the barrister was on the roll, and

  • (c) during the period between the date of the earliest act or omission to which the complaint relates and the date of the latest such act or omission, the barrister—

    • (i) having been a barrister who was a member of the Law Library, became a barrister who is not a member of the Law Library, or

    • (ii) having been a barrister who was not a member of the Law Library, became a barrister who was a member of the Law Library,

    the Authority shall, as it considers appropriate in the circumstances, decide whether the complaint is to be treated, for the purposes of this Part, as a complaint in respect of a barrister who is a member of the Law Library or a complaint in respect of a barrister who is not a member of the Law Library.

• (8) For the purposes of the determination, apportionment and collection of the levy payable in the financial year in which section 60 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 comes into operation, a requirement under this Part on a person to do a thing as soon as practicable in a financial year shall be construed as a requirement on the person to do the thing as soon as practicable after the date on which that section comes into operation.

• (9) In this Part—

‘effective date’ means, in relation to a levy year, 31 December in that year;

‘roll’ means the roll of practising barristers.

Levy Assessment Notice

95D. (1) As soon as practicable after the beginning of each financial year, following compliance with section 95A and 95B the Authority shall provide a notice (in this Act referred to as a ‘levy assessment notice’) to each of the bodies or persons referred to in paragraphs (a), (b) and (c) of section 95(1).

• (2) A levy assessment notice shall specify—

  • (a) the net expenditure of the Authority, determined in accordance with section 95A(7), in respect of the levy year,

  • (b) the proportions of the net expenditure of the Authority determined under section 95B(1)(a),

  • (c) the proportion, determined under paragraph (b) of section 95B(1), of the net expenditure of the Authority to which section 95B(1)(a)(i) applies that was incurred in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of that paragraph,

  • (d) the amount to which section 95B(2) applies in respect of the levy year,

  • (e) the proportions of the amount referred to in paragraph (d), determined under section 95B(3),

  • (f) the net expenditure of the Disciplinary Tribunal, determined in accordance with section 95A(7), in respect of the levy year,

  • (g) the proportion, determined under subsection (4) of section 95B, of the net expenditure of the Disciplinary Tribunal referred to in paragraph (f) that was incurred in the consideration of applications brought before it concerning complaints in respect of each category of legal practitioner referred to in paragraph (a), (b) and (c) of that subsection,

  • (h) the amount to which section 95A(9)(b) applies in the levy year,

  • (i) the amounts calculated under section 95B(5),

  • (j) the apportionment, in accordance with section 95B(6), of liability for the payment of the amount of the levy referred to in section 95A(1),

  • (k) the amount payable by the professional body or person concerned, calculated in accordance with section 95B(7),

  • (l) the date by which the amount specified under paragraph (k) becomes payable,

  • (m) the rate of interest payable if all or part of the amount specified under paragraph (k) is not paid by the date referred to in paragraph (k), and

  • (n) such additional information as the Authority considers appropriate.”.

61. Amendment of section 96 of Act of 2015

61. Section 96 of the Act of 2015 is amended—

• (a) in paragraph (c) of subsection (2), by the substitution of “subsections (3), (6) and (7)” for “subsection (3)”,

• (b) in subsection (3), by the deletion of “practising barristers”, and

• (c) by the insertion of the following subsections after subsection (5):

• “(6) Where—

  • (a) the Authority removes the name of a barrister who is not a member of the Law Library from the roll in accordance with subsection (3), and

  • (b) the person referred to in paragraph (a) subsequently makes an application to the Authority under section 134(1),

  the Authority shall not comply with section 134(1) in respect of the application until such time as any amount payable by that person in respect of the levy imposed by this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount, is paid in full.

• (7) Where—

  • (a) the Authority has provided a levy assessment notice to a barrister who is not a member of the Law Library,

  • (b) the barrister concerned makes an application to the Authority under section 135(3), and

  • (c) as of the date of the making of the application referred to in paragraph (b), the barrister concerned has not paid the amount specified in the levy assessment notice referred to in paragraph (a) as payable by him or her in respect of the levy imposed under this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount,

  the Authority shall remove the name of the barrister from the roll and such removal shall be deemed to have been done under subsection (3) and subsection (6) shall apply accordingly.”.

62. Amendment of section 97 of Act of 2015

62. Section 97 of the Act of 2015 is amended by the insertion of the following subsection after subsection (2):

• “(3) For the purposes of this Act, a legal practitioner shall be regarded as being in the full-time service of the State if and while he or she is required to devote the whole of his or her time to the service of the State as a legal practitioner and is remunerated in respect of such service wholly out of moneys provided by the Oireachtas.”.

63. Amendment of section 98 of Act of 2015

63. Section 98 of the Act of 2015 is amended—

• (a) in subsection (1), by the insertion of the following paragraph after paragraph (d):

• “(de) the proxy measures and cost accounting methodologies to be used in respect of a proportion referred to in section 95B;”,

and

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

• “(1A) Before making regulations under subsection (1)(de), the Authority shall consult with—

  • (a) each professional body, and

  • (b) such other interested parties, including barristers who are not members of the Law Library, as the Authority considers appropriate.

• (1B) The Authority shall, on a date that is not later than 24 months after the coming into operation of the regulations first made under subsection (1)(de), commence a review of the operation of the regulations, which review shall be concluded within 12 months of that date.

• (1C) In carrying out the review referred to in subsection (1B), the Authority shall consider representations (if any) made, during such consultation, by or on behalf of any person or body with whom or with which it consulted under subsection (1A).”.

64. Amendment of section 134 of Act of 2015

64. The Act of 2015 is amended by the substitution of the following section for section 134:

“134. (1) A person who is a qualified barrister and who intends to provide legal services as a barrister shall apply to the Authority to have his or her name, and the information referred to in section 133(4) in respect of him or her, entered on the roll and, subject to section 96(6), the Authority, on being satisfied that the person is a qualified barrister, shall enter the name of that person and the information on the roll.

• (2) An application under subsection (1) shall be—

  • (a) in such form as may be prescribed, and

  • (b) accompanied by the person’s address for correspondence and such other contact details of the person as the Authority may specify for the purposes of this section.”.

65. Amendment of section 135 of Act of 2015

65. Section 135 of the Act of 2015 is amended—

• (a) in subsection (1)(b), by the substitution of “subsection (3) or (7) of section 96” for “section 96(3)”,

• (b) in subsection (3), by the substitution of “shall” for “may”, and

• (c) by the addition of the following subsections after subsection (5):

• “(5A) A practising barrister whose name has been entered on the roll shall, not later than 30 days after the date on which the change occurred, notify the Authority of any change in the following information in respect of him or her:

  • (a) his or her name;

  • (b) any of the matters referred to in section 133(4) as they relate to him or her.

• (5B) The Authority shall, as soon as practicable after receipt of a notification referred to in subsection (5A), amend the entry on the roll, and its records, as necessary.

• (5C) The Bar Council, where it becomes aware that a person has ceased to be a member of the Law Library, shall, without delay, notify the Authority of the fact.

• (5D) The Authority, on receipt of a notification referred to in subsection (5C), shall send the person concerned a notice in writing—

  • (a) informing him or her of the notification,

  • (b) inviting him or her to, not later than 30 days after the date of the notice, confirm whether he or she is a member of the Law Library, and

  • (c) informing him or her of the effect of subsection (5E).

• (5E) The Authority, where it has complied with subsection (5D), shall amend the entry on the roll, and its records, in respect of the person concerned to specify that he or she is a practising barrister who is not a member of the Law Library where—

  • (a) it is satisfied, having regard to the notification under subsection (5C) and any confirmation provided by the person in accordance with paragraph (b) of subsection (5D), that the person is a practising barrister who is not a member of the Law Library, or

  • (b) the person does not provide a confirmation in accordance with that paragraph.

• (5F) Subsections (5D) and (5E) shall not apply where—

  • (a) the Authority has, under subsection (1), removed the name of the person from the roll, or

  • (b) the person concerned has, as the case may be—

    • (i) notified the Authority under subsection (5A) that he or she is a practising barrister who is not a member of the Law Library, or

    • (ii) complied with subsection (3).

• (5G) An application under subsection (3), a notification referred to in subsection (5A) and a confirmation under paragraph (b) of subsection (5D) shall be—

  • (a) in such form as may be prescribed, and

  • (b) accompanied by the address for correspondence and such other contact details of the person concerned as the Authority may specify for the purposes of this section.

• (5H) An amendment under subsection (5B) or (5E) to an entry in the roll shall take effect on and from the date on which the Authority, under the subsection concerned, amends the roll and its records.

• (5I) In determining whether a practising barrister’s failure to comply with subsection (5A) or subsection (1) or (2) of section 135A should be considered as constituting misconduct within the meaning of section 50(1)(m), the Authority, the Complaints Committee, the Disciplinary Tribunal or, as the case may be, the High Court, may have regard to whether the failure to comply—

  • (a) occurred as a result of the illness or incapacity of the practising barrister concerned, and

  • (b) was remedied without unreasonable delay after the 30 day period referred to in the subsection concerned had expired.”.

66. Address for correspondence

66. The Act of 2015 is amended by the insertion of the following section after section 135:

“135A. (1) Where, on the date on which this subsection comes into operation, the address for correspondence most recently provided by a practising barrister to the Authority for any purpose under this Part is no longer his or her address for correspondence, the practising barrister shall, within 30 days of that date, provide the Authority with his or her current address for correspondence.

• (2) Where, on or after the date on which this subsection comes into operation, the address for correspondence provided by a practising barrister to the Authority for any purpose under this Part changes, the practising barrister shall, within 30 days of the date of such change, provide the Authority with his or her current address for correspondence.

• (3) In this Part, ‘address for correspondence’ means, in relation to a person, the address or the e-mail address of the person that can be used by the Authority for the purposes of corresponding with him or her.”.

67. Repeal of section 220(3) of Act of 2015

67. Section 220(3) of the Act of 2015 is repealed.

PART 11 Amendment of International Protection Act 2015

68. Definition (Part 11)

68. In this Part, “Act of 2015” means the International Protection Act 2015.

69. Amendment of section 5 of Act of 2015

69. Section 5 of the Act of 2015 is amended—

• (a) by designating the section as subsection (1),

• (b) in paragraph (c) of that designated subsection, by the substitution of “at that address;” for “at that address.”,

• (c) by the insertion of the following paragraph after paragraph (c):

• “(d) by sending it to the person by electronic means in accordance with subsection (2), in a case in which the person has given notice in writing to the Minister, to a registration officer, or to the Tribunal, of his or her consent to it (or notices or documents of a class to which it belongs) being served on or given to him or her in that manner.”,

and

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

• “(2) 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, to a registration officer or to the Tribunal 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.

• (3) Where a notice or other document referred to in subsection (1) has been sent to a person in accordance with—

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

• (4) 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 Act of 2004.”.

70. Amendment of section 48 of Act of 2015

70. Section 48(3) of the Act of 2015 is amended by the substitution of “30 days” for “5 days”.

71. Amendment of section 52 of Act of 2015

71. Section 52 of the Act of 2015 is amended by the insertion of the following subsection after subsection (9):

• “(9A) A decision of the Circuit Court on an appeal under subsection (8) shall be final save that, by leave of that Court, an appeal shall lie to the High Court on a point of law.”.

72. Amendment of section 62 of Act of 2015

72. Section 62 of the Act of 2015 is amended—

• (a) in subsection (7)—

• (i) in paragraph (c), by the substitution of “5 years” for “3 years” in each place where it occurs, and

• (ii) in paragraph (d), by the substitution of “5 years” for “3 years” in each place where it occurs,

and

• (b) by the insertion of the following subsections after subsection (7):

• “(7A) Notwithstanding subsection (7), a member of the Tribunal who has been reappointed for a second term is otherwise eligible for appointment by way of competition in accordance with subsection (4).

• (7B) Where, immediately before the coming into operation of section 72 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, a member of the Tribunal, other than the chairperson or a deputy chairperson, stands appointed or reappointed, as the case may be, to the Tribunal, in a whole-time or a part-time capacity, the person shall be deemed to have been appointed or reappointed, as the case may be, for a term of office of 5 years from the date on which he or she was so appointed or reappointed, as the case may be.”.

PART 12 Amendment of Data Protection Act 2018

73. Definition (Part 12)

73. In this Part, “Act of 2018” means the Data Protection Act 2018.

74. Prohibition on disclosure of confidential information by persons engaging with Commission in connection with relevant function

74. The Act of 2018 is amended by the insertion of the following section after section 26:

“26A. (1) The Commission may, where it or an authorised officer is authorised by law to provide information to a person (in this section referred to as a ‘relevant person’) in connection with the performance of a relevant function, by notice in writing given to the person—

• (a) identify information that is provided, or to be provided, to the person by the Commission or an authorised officer, as the case may be, in connection with the performance of a relevant function by the Commission, an authorised officer, or both, as confidential information,

• (b) specify, by reference to paragraph (a), (b) or (c) of the definition of ‘confidential information’, the reason the information so identified is confidential, and

• (c) direct that the person shall, subject to subsection (2), not disclose that confidential information.

• (2) A relevant person who receives a notice under subsection (1) may disclose confidential information referred to in the notice where such disclosure is—

  • (a) required or permitted by law, or

  • (b) authorised by the Commission in writing.

• (3) A relevant person who fails to comply with a direction under subsection (1)(c) commits an offence and is liable on summary conviction to a class A fine.

• (4) Where information, specified in a notice under subsection (1), is confidential by reference to paragraph (c) only of the definition of ‘confidential information’, the information shall cease to be confidential and the direction under subsection (1)(c) shall cease to apply to the relevant person concerned—

  • (a) subject to paragraph (b), where the information is confidential by reason of the fact disclosure could reasonably be expected to prejudice the effectiveness of the performance by an authorised officer of a relevant function, upon the completion of the performance by the authorised officer of the function, or

  • (b) where the information is confidential by reason of the fact disclosure could reasonably be expected to prejudice the effectiveness of the performance by the Commission of a relevant function or the effectiveness of the performance by the Commission of a relevant function and an authorised officer of a relevant function, upon the completion of the performance by the Commission of its relevant function.

• (5) In this section—

‘confidential information’ means—

- (a) commercially sensitive information within the meaning of section 149(7),

- (b) information given in confidence and on the understanding that it will be treated by the Commission or an authorised officer, as the case may be, as confidential and where, in the opinion of the Commission—

    - (i) the disclosure of such information would be likely to prejudice the giving to the Commission or an authorised officer of further information by the person or information by another person, and

    - (ii) it is important that the Commission or an authorised officer, as the case may be, continues to receive such information for the purpose of the performance of a relevant function,

      or

- (c) information the disclosure of which could, in the opinion of the Commission, reasonably be expected to prejudice the effectiveness of the performance of a relevant function by it, an authorised officer, or both, as the case may be;

  ‘relevant function’ means a function—

- (a) of the Commission in relation to—

    - (i) carrying out an investigation within the meaning of section 105,

    - (ii) handling a complaint within the meaning of section 107,

    - (iii) conducting an inquiry within the meaning of section 107,

    - (iv) handling a complaint within the meaning of section 118,

    - (v) conducting an inquiry within the meaning of section 118,

    - (vi) carrying out an audit under section 136(1), or

    - (vii) carrying out a data protection audit within the meaning of section 136(4),

      or

- (b) of an authorised officer under section 137(5) or 139(1).”.

75. Amendment of section 109 of Act of 2018

75. Section 109(5) of the Act of 2018 is amended by the insertion of the following paragraph after paragraph (d):

• “(da) where the Commission considers the processing of personal data the subject of the complaint infringes a relevant enactment, issuing a reprimand to the controller or processor concerned;”.

76. Amendment of section 113 of Act of 2018

76. Section 113(6) of the Act of 2018 is amended—

• (a) by the substitution of “any or all” for “either or both”, and

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

• “(aa) the issuing of a reprimand to the controller or processor concerned;”.

77. Amendment of section 117 of Act of 2018

77. Section 117 of the Act of 2018 is amended—

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

• “(3) The District Court shall, subject to subsections 5A and 6A, and the Circuit Court shall, subject to subsections (5) and (6), concurrently with the High Court, have jurisdiction to hear and determine data protection actions.”,

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

• “(5A) The compensation recoverable in a data protection action in the District Court shall not exceed the amount standing prescribed, for the time being by law, as the limit of that court’s jurisdiction in tort.”,

and

• (c) by the insertion of the following subsection after subsection (6):

• “(6A) The jurisdiction conferred on the District Court by this section may be exercised by the judge of any district in which—

  • (a) the controller or processor against whom the data protection action is taken has an establishment, or

  • (b) the data subject has his or her habitual residence.”.

78. Amendment of section 117A of Act of 2018

78. The Act of 2018 is amended by the substitution of the following section for section 117A:

“117A. (1) This section applies to a transfer of personal data by a controller or processor to a third country or an international organisation pursuant to Article 46 where the transfer is subject to appropriate safeguards provided for in the rules or clauses (in this section referred to as ‘relevant instruments’) set out in subsection (5).

• (2) Without prejudice to any other remedy available to him or her, including his or her right to bring an action under section 117 or to lodge a complaint, a data subject whose personal data is included in a transfer referred to in subsection (1) may, where the transfer is subject to appropriate safeguards set out in a relevant instrument, enforce—

  • (a) any rights (whether described as third party beneficiary rights or otherwise) conferred on data subjects by, or any clauses or rules expressed to be for the benefit of data subjects in, the instrument concerned, and

  • (b) where that transfer is subject to any additional safeguards conferring rights on data subjects, those rights.

• (3) An action to enforce any rights conferred on data subjects or any clauses or rules expressed to be for the benefit of data subjects referred to in subsection (2)—

  • (a) may be taken against—

    • (i) a party to the transfer referred to in subsection (1), or

    • (ii) a sub-processor of a party referred to in subparagraph (i) in so far as that sub-processor is processing personal data referred to in that subsection,

    and

  • (b) shall be deemed to be an action founded on contract.

• (4) Subsections (3) to (10) of section 117 shall apply to an action taken by a data subject under this section subject to the following modifications:

  • (a) a reference in those subsections to a data protection action shall be taken to be a reference to an action under this section;

  • (b) a reference in subsections (5) and (5A) to the limit of that court’s jurisdiction in tort shall be taken to be a reference to the limit of that court’s jurisdiction in contract;

  • (c) a reference in subsections (4)(b) and (8)(b) to compensation for damage suffered by the plaintiff as a result of the infringement of a relevant enactment shall be taken to be a reference to compensation for damage suffered by the plaintiff as a result of the infringement of the relevant instrument.

• (5) The relevant instruments are:

  • (a) binding corporate rules approved in accordance with Article 47;

  • (b) standard data protection clauses adopted by the Commission in accordance with the examination procedure referred to in Article 93(2);

  • (c) standard data protection clauses adopted by a supervisory authority and approved by the Commission pursuant to the examination procedure referred to in Article 93(2);

  • (d) contractual clauses authorised by a supervisory authority pursuant to Article 46(3)(a);

  • (e) standard contractual clauses which are the subject of a decision adopted by the Commission in accordance with Article 26(4) of Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995³ on the protection of individuals with regard to the processing of personal data and on the free movement of such data.”.

79. Amendment of section 122 of Act of 2018

79. Section 122(4) of the Act of 2018 is amended by the insertion of the following paragraph after paragraph (d):

• “(da) where it considers the processing of personal data the subject of the complaint infringes a relevant enactment, the issuing to the controller or processor concerned of a reprimand;”.

80. Amendment of section 150 of Act of 2018

80. Section 150(12) of the Act of 2018 is amended by the substitution of the following paragraphs for paragraphs (a) and (b):

• “(a) under paragraph (a), (b) or (da) of section 109(5) or paragraph (a), (b) or (da) of section 122(4),

• (b) under section 111(1)(a), 112(1), 113(2)(b) or (6)(aa), 114, 124(1)(a) or 125(1), or”.

PART 13 Amendment of Judicial Council Act 2019

81. Definition (Part 13)

81. In this Part, “Act of 2019” means the Judicial Council Act 2019.

82. Amendment of section 50 of Act of 2019

82. Section 50(4) of the Act of 2019 is amended by the substitution of “a member of the Law Library” for “a member of the General Council of the Bar of Ireland”.

83. Complaints Review Committee: temporary replacement of member

83. The Act of 2019 is amended by the insertion of the following section after section 55:

“55A. (1) Where an ex officio member or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee is the subject of a complaint or otherwise has a conflict of interest in respect of a matter before the Complaints Review Committee, or the lay member of the Complaints Review Committee has a conflict of interest in respect of a matter before that Committee, the member concerned shall take no part in the performance by that Committee of its function in relation to such complaint or matter, and, accordingly shall not—

• (a) attend any meeting of that Committee held for the purpose of performance of that function, or

• (b) cast a vote in relation to any decision falling to be made by it for that purpose.

• (2) Where subsection (1) applies, the Judicial Conduct Committee shall, for the purpose of performing the function referred to in that subsection, replace the member of the Complaints Review Committee concerned—

  • (a) in the case of an ex officio member or elected member of the Judicial Conduct Committee who is a member of the Complaints Review Committee, with another ex officio member or elected member of the Judicial Conduct Committee, or

  • (b) in the case of the lay member, with another lay member of the Judicial Conduct Committee,

  and, accordingly that other person may attend at any meeting of the Complaints Review Committee held for the purpose of the performance of that function and may cast a vote in relation to any decision falling to be made by it for that purpose.

• (3) Where a member of the Complaints Review Committee is temporarily unable to act as a member of that Committee, whether due to illness, incapacity or for any other reason, the Judicial Conduct Committee shall, for the duration of such period when the member is unable to act, replace that member with—

  • (a) where the member unable to act is an ex officio member or elected member of the Judicial Conduct Committee, another ex officio member or elected member of the Judicial Conduct Committee, or

  • (b) where the member unable to act is the lay member, another lay member of the Judicial Conduct Committee.

• (4) Where a member of the Judicial Conduct Committee replaces a member of the Complaints Review Committee in accordance with subsection (2) or (3), the period of time served by that member of the Judicial Conduct Committee as such a replacement shall not be considered a term of membership for the purposes of section 55.”.

84. Amendment of section 59 of Act of 2019

84. Section 59(1) of the Act of 2019 is amended by the substitution of “The Judicial Conduct Committee may refer any matter relating to the conduct of a judge, including any matter which was the subject of a complaint in respect of a judge which is withdrawn, to a panel of inquiry for investigation if” for “The Judicial Conduct Committee may, in the absence of a complaint or where a complaint in respect of a judge is withdrawn, refer any matter relating to the conduct of a judge to a panel of inquiry for investigation if”.

PART 14 Amendment of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

85. Definition (Part 14)

85. In this Part, “Act of 2020” means the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.

86. Amendment of section 10 of Act of 2020

86. The Act of 2020 is amended by the substitution of the following section for section 10:

“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.”.

87. Amendment of section 14 of Act of 2020

87. Section 14(3) of the Act of 2020 is amended—

• (a) in paragraph (a), by the substitution of “criminal proceedings or relevant proceedings” for “criminal proceedings”, and

• (b) in paragraph (c)(iii), by the substitution of “civil proceedings, criminal proceedings or relevant proceedings” for “civil or criminal proceedings”.

88. Amendment of section 22 of Act of 2020

88. Section 22 of the Act of 2020 is amended by—

• (a) the substitution of the following definition for the definition of “criminal proceedings”:

“‘criminal proceedings’ means proceedings against a person for an offence and includes any appeal proceedings related to the offence;”,

and

• (b) in the definition of “relevant proceedings”, by the substitution of “and includes any appeal proceedings related to such proceedings” for “and includes any appeal proceedings or subsequent proceedings”.

89. Amendment of section 23 of Act of 2020

89. Section 23(2)(e) of the Act of 2020 is amended by the deletion of “or any subsequent proceedings”.

90. Amendment of section 30 of Act of 2020

90. The Act of 2020 is amended by the substitution of the following section for section 30:

“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.”.

91. Amendment of section 31 of Act of 2020

91. Section 31 of the Act of 2020 is amended—

• (a) in subsection (5), by the substitution of “hearing or in person” for “hearing”,

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

• “(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.”,

and

• (c) in subsection (6), by the insertion of the following definition:

“‘relevant hearing’ means a hearing that, by virtue of the application to it of subsection (1), is held by remote hearing;”.

92. Amendment of section 32 of Act of 2020

92. Section 32 of the Act of 2020 is amended by the insertion of the following subsection after subsection (5):

• “(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.”.

PART 15 Courts and Court Officers (Centralised Court Offices and Electronic Registers)

93. Interpretation (Part 15)

93. (1) In this Part—

“centralised court office” means a court office designated under section 94;

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

“enactment” has the same meaning as it has in the Interpretation Act 2005;

“specified business”, in relation to a centralised court office, means business specified by the Courts Service under subparagraph (i) or (ii) of subsection (2)(a) or subsection (3)(a)(i) of section 94 as business that may or shall be transacted in that office.

• (2) A reference in this Part to the variation of the specified business of a centralised court office means—

• (a) the specification of further business as such specified business, or

• (b) the removal of the specification of such business.

94. Centralised court offices

94. (1) Notwithstanding any other enactment, the Courts Service may designate any court office as a centralised court office.

• (2) The Courts Service shall, in designating a centralised court office under subsection (1), specify—

• (a) the business of each court office that—

• (i) may be transacted either in the centralised court office or that court office, or

• (ii) shall be transacted in the centralised court office only,

and

• (b) the date from which such business may or shall, as the case may be, be transacted in the centralised court office concerned.

• (3) The Courts Service, at any time after designating a centralised court office under subsection (1)—

• (a) may—

• (i) vary the business that may or shall be transacted in the centralised court office, or

• (ii) revoke the designation,

and

• (b) where it so varies the business or revokes the designation, shall specify the date on which the variation or revocation shall take effect.

• (4) Where a date is specified by the Courts Service in accordance with subsection (2)(b) or (3)(b) as a date from which a specified business shall or may be transacted in a centralised court office, such business shall or may, as the case may be, from that date be so transacted.

• (5) Where a date is specified by the Courts Service in accordance with subsection (3)(b) as a date from which—

• (a) a specified business shall no longer be transacted in a centralised court office, or

• (b) the designation of a centralised court office is revoked,

such specified business or all specified business of the centralised court office, as the case may be, shall from that date be transacted in the court office in which it would have been transacted prior to the specification of such business.

• (6) The Courts Service may, in specifying a date for the purposes of subsection (2)(b) or (3)(b) in respect of a specified business, specify different dates for different categories of the specified business.

• (7) The Courts Service shall, as soon as may be after—

• (a) a centralised court office is designated and business specified in relation thereto,

• (b) the specified business of a centralised court office is varied, or

• (c) the designation of a centralised court office is revoked,

publish notice of the designation, the business so specified or varied, or the revocation, as the case may be, in Iris Oifigiúil, but failure to so publish shall not affect the validity of the designation, specification, variation or revocation concerned.

95. Consultations

95. (1) The Courts Service shall consult with the Chief Justice prior to—

• (a) designating an office attached to the Supreme Court as a centralised court office under section 94(1),

• (b) specifying as specified business under ssection 94(2) business that would otherwise be transacted in an office attached to the Supreme Court,

• (c) varying a specified business under section 94(3)(a)(i) that would otherwise be transacted in an office attached to the Supreme Court, or

• (d) revoking the designation of an office attached to the Supreme Court as a centralised court office under section 94(3)(a)(ii).

• (2) The Courts Service shall consult with the President of the Court of Appeal prior to—

• (a) designating an office attached to the Court of Appeal as a centralised court office under section 94(1),

• (b) specifying as specified business under section 94(2) business that would otherwise be transacted in an office attached to the Court of Appeal,

• (c) varying a specified business under section 94(3)(a)(i) that would otherwise be transacted in an office attached to the Court of Appeal, or

• (d) revoking the designation of an office attached to the Court of Appeal as a centralised court office under section 94(3)(a)(ii).

• (3) The Courts Service shall consult with the President of the High Court prior to—

• (a) designating an office attached to the High Court as a centralised court office under section 94(1),

• (b) specifying as specified business under section 94(2) business that would otherwise be transacted in an office attached to the High Court,

• (c) varying a specified business under section 94(3)(a)(i) that would otherwise be transacted in an office attached to the High Court, or

• (d) revoking the designation of an office attached to the High Court as a centralised court office under section 94(3)(a)(ii).

• (4) The Courts Service shall consult with the President of the Circuit Court prior to—

• (a) designating an office of, or attached to, the Circuit Court as a centralised court office under section 94(1),

• (b) specifying as specified business under section 94(2) business that would otherwise be transacted in an office of, or attached to, the Circuit Court,

• (c) varying a specified business under section 94(3)(a)(i) that would otherwise be transacted in an office of, or attached to, the Circuit Court, or

• (d) revoking the designation of an office of, or attached to, the Circuit Court as a centralised court office under section 94(3)(a)(ii).

• (5) The Courts Service shall consult with the President of the District Court prior to—

• (a) designating an office of, or attached to, the District Court as a centralised court office under section 94(1),

• (b) specifying as specified business under section 94(2) business that would otherwise be transacted in an office of, or attached to, the District Court,

• (c) varying a specified business under section 94(3)(a)(i) that would otherwise be transacted in an office of, or attached to, the District Court, or

• (d) revoking the designation of an office of, or attached to, the District Court as a centralised court office under section 94(3)(a)(ii).

96. Centralised court office - deemed powers and functions

96. Where, pursuant to section 94, specified business may or shall be transacted in a centralised court office, for the purposes of such a transaction in the centralised court office, the following shall apply:

• (a) that centralised court office is deemed to be the court office in which the business would, in the absence of its specification as specified business, require to be transacted;

• (b) the members of staff of the Courts Service employed in that centralised court office under section 97 are deemed to be officers attached to that court office;

• (c) any reference in an enactment to that court office or to an officer or member of staff of that court office shall, save where the context otherwise requires, be deemed to include that centralised court office or an officer or member of staff of that centralised court office, as the case may be.

97. Staff of centralised court office

97. There shall be employed in a centralised court office such and so many members of the staff of the Courts Service as the Courts Service shall from time to time determine.

98. Functions of staff

98. The Courts Service may, notwithstanding any other provision of any enactment, appoint any member of staff of the Courts Service employed in a centralised court office under section 97 as a district court clerk for such one or more district court areas in respect of which business to be transacted by a district court clerk assigned to such district court area has been specified for transaction in the centralised court office under subsection (2) or (3)(a)(i) of section 94.

99. Continuity of administration of justice not to be affected

99. (1) The continuity of the administration of justice shall not be interrupted by—

• (a) the designation of a centralised court office under section 94(1),

• (b) the specification of business as specified business under section 94(2),

• (c) the variation of the business that may or shall be transacted in a centralised court office under section 94(3)(a)(i), or

• (d) the revocation of the designation of a centralised court office under section 94(3)(a)(ii).

• (2) Where the transaction of business has been commenced in a court office and, prior to its conclusion, the business is specified as business under subsection (2) or (3) of section 94 which shall be transacted in a centralised court office only, the transaction of the business concerned shall be continued in the centralised court office from the date specified in accordance with subsection (2)(b) or (3)(b) of section 94.

• (3) Where the transaction of specified business has been commenced in a centralised court office and, prior to its conclusion, the designation of the centralised court office is revoked in accordance with section 94(3)(a)(ii) or the business of a centralised court office is varied by the removal of that business in accordance with section 94(3)(a)(i), the transaction of the business concerned shall be continued from the date specified in accordance with section 94(3)(b), in the court office in which it would have been transacted prior to its specification.

100. Immunity from suit

100. Civil or criminal proceedings shall not lie in any court against the Courts Service, a member of staff of a court office or any other member of staff of the Courts Service in respect of anything said or done in good faith by the Courts Service or such a member of staff in the course of the performance or purported performance of a function of the Courts Service or such a member of staff.

101. Electronic Registers

101. (1) Subject to subsection (2) and notwithstanding any other enactment, the Chief Executive Officer of the Courts Service may, where he or she considers it appropriate, having regard to the benefit of information being made available to the public in an electronic form and the capacity for a register to be maintained in such form, issue a direction in writing that the register shall be maintained in electronic form.

• (2) Where the Chief Executive Officer of the Courts Service issues a direction under subsection (1), he or she shall specify in the direction—

• (a) the date from which the register to which it relates shall be maintained in electronic form, and

• (b) whether that register shall, from that date, be so maintained in respect of—

• (i) all matters registered in that register after that date, or

• (ii) all matters registered in that register from such earlier date as that Chief Executive may specify.

• (3) A direction under subsection (1) shall be published on the website of the Courts Service, but failure to so publish shall not affect the validity of the direction concerned.

• (4) In this section, “register” means a register, howsoever called, maintained by a court office by, under, or in accordance with any enactment, and includes—

• (a) the register of judgments maintained for the purposes of the Judgements (Ireland) Act 1844,

• (b) the Register of Licenses within the meaning of section 16 of the Licensing Act (Ireland) 1874,

• (c) the register of instruments maintained under section 10 of the Powers of Attorney Act 1996, and

• (d) the register of lis pendens affecting land maintained under section 121 of the Land and Conveyancing Law Reform Act 2009.

PART 16 Miscellaneous (Acts relating to courts)

102. Definitions (Part 16)

102. In this Part—

“Act of 1926” means the Court Officers Act 1926;

“Act of 1936” means the Courts of Justice Act 1936;

“Act of 1961” means the Courts (Supplemental Provisions) Act 1961.

103. Amendment of section 3 of Act of 1926

103. Section 3 of the Act of 1926 is amended—

• (a) in subsection (3), by the substitution of “(other than the Master of the High Court)” for “(including the Master of the High Court)”, and

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