COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2023

• “(4A) The Master of the High Court shall cease to hold office if he or she is—

  • (a) convicted on indictment of an offence,

  • (b) convicted of an offence involving fraud or dishonesty, or

  • (c) sentenced to a term of imprisonment by a court of competent jurisdiction.

• (4B) The Government may, in accordance with this section, remove the Master of the High Court from office if—

  • (a) in the opinion of the Government, he or she has become incapable, through ill-health or otherwise, of performing the functions of the office,

  • (b) in the opinion of the Government, he or she has failed without reasonable cause to perform the functions of the office for a continuous period of at least 3 months, or

  • (c) he or she has engaged in serious misconduct.

• (4C) Where the Government propose to remove the Master of the High Court from office under subsection (4B), they shall give notice in writing to the Master of the High Court of the proposal.

• (4D) A notice under subsection (4C) shall include a statement—

  • (a) of the reasons for the proposed removal,

  • (b) that the Master of the High Court may, within a period of 30 working days from the date of the giving of the notice, or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government, and

  • (c) that after the period referred to in paragraph (b) or the period specified in the notice, as the case may be, the Government shall decide whether to remove the Master of the High Court from office.

• (4E) In considering whether to remove the Master of the High Court from office under subsection (4B), the Government shall take into account—

  • (a) any representations made by the Master of the High Court under subsection (4D)(b) within the period referred to in that paragraph or the period specified in the notice, as the case may be, and

  • (b) any other matter the Government consider relevant for the purpose of their decision.

• (4F) Where, after giving notice under subsection (4C), the Government decide not to remove the Master of the High Court from office, the Government shall notify him or her in writing of the decision.

• (4G) Where, after giving notice under subsection (4C), the Government decide to remove the Master of the High Court from office, the Government shall, subject to subsection (4), notify the Master of the High Court in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notification under this subsection).”.

104. Amendment of section 27 of Act of 1926

104. Section 27 of the Act of 1926 is amended by the substitution of the following subsection for subsection (4):

• “(4) No person shall be appointed under this section to be a Deputy Master of the High Court unless at the time of his or her appointment he or she—

  • (a) possesses the qualifications required by paragraph 17(a) of the Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 for appointment as Master of the High Court,

  • (b) is a member of the staff of the Courts Service who is serving or has served in an office or offices established under Part I of this Act and who—

    • (i) is—

      • (I) a qualified barrister within the meaning of section 2(1) of the Legal Services Regulation Act 2015, or

      • (II) a person who has been admitted as a solicitor and whose name is on the roll of solicitors (which shall be construed in accordance with section 9 of the Solicitors Act 1954),

      or

    • (ii) at any time prior to his or her appointment as Deputy Master has been employed for a period of not less than nine years, or for periods together totalling not less than nine years, in an office or offices established under Part I of this Act,

    or

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

105. Amendment of section 35 of Act of 1926

105. Section 35 of the Act of 1926 is amended by the insertion of the following subsections after subsection (6):

• “(7) A County Registrar shall cease to hold office if he or she is—

  • (a) convicted on indictment of an offence,

  • (b) convicted of an offence involving fraud or dishonesty, or

  • (c) sentenced to a term of imprisonment by a court of competent jurisdiction.

• (8) The Government may, in accordance with this section, remove a County Registrar from office if—

  • (a) in the opinion of the Government, he or she has become incapable, through ill-health or otherwise, of performing the functions of the office,

  • (b) in the opinion of the Government, he or she has failed without reasonable cause to perform the functions of the office for a continuous period of at least 3 months, or

  • (c) he or she has engaged in serious misconduct.

• (9) Where the Government propose to remove a County Registrar from office under subsection (8), they shall give notice in writing to the County Registrar concerned of the proposal.

• (10) A notice under subsection (9) shall include a statement—

  • (a) of the reasons for the proposed removal,

  • (b) that the County Registrar may, within a period of 30 working days from the date of the giving of the notice, or such longer period as the Government may, having regard to the requirements of natural justice, specify in the notice, make representations to the Government in such form and manner as may be specified by the Government, and

  • (c) that after the period referred to in paragraph (b) or the period specified in the notice, as the case may be, the Government shall decide whether to remove the County Registrar from office.

• (11) In considering whether to remove a County Registrar from office under subsection (8), the Government shall take into account—

  • (a) any representations made by the County Registrar concerned under subsection (10)(b) within the period referred to in that paragraph or the period specified in the notice, as the case may be, and

  • (b) any other matter the Government consider relevant for the purpose of their decision.

• (12) Where, after giving notice under subsection (9), the Government decide not to remove the County Registrar from office, the Government shall notify him or her in writing of the decision.

• (13) Where, after giving notice under subsection (9), the Government decide to remove a County Registrar from office, the Government shall notify the County Registrar in writing of the decision, the reasons for it and the date from which it shall take effect (which shall be a date not earlier than the date of the notification under this subsection).”.

106. Amendment of section 37 of Act of 1936

106. Section 37 of the Act of 1936 is amended by the insertion of the following subsection after subsection (2):

• “(3) The judge hearing an appeal under this section may, if he or she so thinks proper on the application of any party to such appeal, refer any question of law arising in such appeal to the Court of Appeal by way of case stated for the determination of the Court of Appeal and may adjourn the pronouncement of his or her judgment or order on such appeal pending the determination of such case stated and may pronounce his or her said judgment or order at any time after such determination.”.

107. Amendment of section 65 of Act of 1936

107. Section 65 of the Act of 1936 is amended—

• (a) in subsection (3), by the substitution of “subsection (2) and section 65A” for “subsection (2)”, and

• (b) in subsection (4), by the substitution of “subsection (1), including those to which section 65A applies,” for “subsection (1)”.

108. Unpaid fees

108. The Act of 1936 is amended by the insertion of the following section after section 65:

“65A. (1) Where an accountable person, being a person, whether acting on his or her own behalf, or on behalf of another person, who is obliged to discharge a fee prescribed by the Minister under section 65(1), has not paid or, as the case may be, not fully paid the fee concerned on the occasion upon which such fee is prescribed to be paid—

• (a) the accountable person shall be liable, and where there is more than one such accountable person they shall be liable jointly and severally, for the payment of the fee unpaid or, as the case may be, the portion of the fee remaining unpaid, and

• (b) the fee or, as the case may be, the portion of the fee remaining unpaid—

  • (i) shall be deemed to be a debt due by the accountable person to the Courts Service, and

  • (ii) shall be payable to the Courts Service and may (without prejudice to any other mode of recovery of the fee or portion of the fee remaining unpaid) be sued for and recovered as a simple contract debt by action, or other appropriate proceedings, at the suit of the Courts Service in any court of competent jurisdiction.”.

109. Amendment of section 39 of Offences against the State Act 1939

109. Section 39 of the Offences against the State Act 1939 is amended by the substitution of the following subsection for subsection (5):

• “(5) The Courts Service may appoint from among the staff of the Courts Service such registrars for the purposes of any Special Criminal Court as it thinks proper, and every such registrar shall hold his or her office on such terms and conditions (including terms and conditions relating to remuneration) as are determined by the Minister for Public Expenditure, National Development Plan Delivery and Reform.”.

110. Offence of obstruction or interference with sheriff

110. The Court Officers Act 1945 is amended by the insertion of the following section after section 12:

“12A. A person who without lawful authority, wilfully—

• (a) obstructs or interferes with a sheriff appointed under section 12 in the course of the performance by him or her of his or her functions or otherwise impedes the performance by the sheriff of those functions, or

• (b) obstructs or interferes with a person to whom the sheriff has delegated any of his or her functions in the course of the performance by that person of any such functions so delegated or otherwise impedes the performance by that person of those functions,

shall be guilty of an offence and shall be liable, on summary conviction, to a class A fine or imprisonment for a term not exceeding 12 months, or both.”.

111. Amendment of section 7A of Act of 1961

111. Section 7A of the Act of 1961 is amended by the insertion of the following subsections after subsection (6):

• “(6A) Notwithstanding the generality of subsections (5) and (6), but subject to subsection (6C), in civil proceedings before the Court of Appeal, an application or appeal specified in subsection (6B) may be heard and determined by—

  • (a) the President of the Court of Appeal sitting alone, or

  • (b) any other judge of the Court of Appeal sitting alone as may be nominated for that purpose by the President of the Court of Appeal.

• (6B) The following applications and appeals are specified for the purposes of subsection (6A):

  • (a) an application to dismiss an appeal on the basis that the appeal is—

    • (i) an abuse of process,

    • (ii) frivolous or vexatious, or

    • (iii) without substance or foundation;

  • (b) an appeal against an order for costs;

  • (c) an appeal against an order made pursuant to the slip rule;

  • (d) an appeal against an order made in respect of matters connected with the case management of proceedings;

  • (e) an appeal against such class or classes of order of the High Court of an interlocutory nature as may be prescribed in the Rules of the Superior Courts.

• (6C) Where—

  • (a) the President of the Court of Appeal, or

  • (b) the judge nominated under subsection (6A)(b),

  hears an application or an appeal in accordance with subsection (6A) and it appears to him or her that it is in the interests of justice that the application or the appeal be heard by a division of 3 judges, he or she shall refer the application or the appeal for hearing by such division.

• (6D) In prescribing orders of an interlocutory nature for the purposes of subsection (6B)(e), the Superior Courts Rules Committee—

  • (a) shall have regard to the following:

    • (i) the interests of justice;

    • (ii) the need to ensure expeditious access to justice for all parties to proceedings;

    • (iii) the need for the expeditious disposal of proceedings in the High Court and, in particular, proceedings in respect of an appeal against an order of the High Court of an interlocutory nature;

    • (iv) the need to ensure the most effective and efficient use of the resources of the Court of Appeal,

    and

  • (b) may, for those purposes, prescribe any of the following orders either generally, or in respect of particular categories of proceedings:

    • (i) an order for discovery, including further and better discovery;

    • (ii) an order refusing discovery, including further and better discovery;

    • (iii) an order requiring the delivery of replies to particulars;

    • (iv) an order refusing to direct the delivery of replies to particulars;

    • (v) an order requiring an answer to interrogatories;

    • (vi) an order refusing to direct an answer to interrogatories;

    • (vii) an order granting an application for an interlocutory injunction;

    • (viii) an order refusing to grant an application for an interlocutory injunction;

    • (ix) an order for security for costs;

    • (x) an order refusing to grant security for costs;

    • (xi) an order granting an application to amend pleadings;

    • (xii) an order refusing to grant an application to amend pleadings;

    • (xiii) such other order of an interlocutory nature as the Superior Court Rules Committee considers appropriate having regard to the matters referred to in paragraph (a).”.

112. Amendment of section 22 of Act of 1961

112. Section 22 of the Act of 1961 is amended by the insertion of the following subsections after subsection 15:

• “(16) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

  • (a) the President of the Circuit Court, or

  • (b) any other judge of the Circuit Court as may be nominated for that purpose by the President of the Circuit Court,

  may, subject to any practice direction issued under subsection (17), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Circuit Court.

• (17) The President of the Circuit Court may, in the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions (in this section referred to as ‘practice directions’) in relation to the conduct of proceedings before the Circuit Court.

• (18) A practice direction may relate to—

  • (a) civil or criminal proceedings, or both, or

  • (b) a class or classes of civil or criminal proceedings, or both,

  and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the Circuit Court to be necessary or expedient for the purposes of the direction.

• (19) A practice direction shall be published in such manner as the President of the Circuit Court may direct.

• (20) Subsections (16) to (19) are without prejudice to any powers of the Circuit Court in respect of proceedings before it.”.

113. Amendment of section 36 of Act of 1961

113. Section 36 of the Act of 1961 is amended by the insertion of the following subsections after subsection (4):

• “(5) In the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings—

  • (a) the President of the District Court, or

  • (b) any other judge of the District Court as may be nominated for that purpose by the President of the District Court,

  may, subject to any practice direction issued under subsection (6), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the District Court.

• (6) The President of the District Court may, in the interests of the administration of justice and the determination of proceedings in a manner which is just, expeditious and likely to minimise the cost of those proceedings, issue directions (in this section referred to as ‘practice directions’) in relation to the conduct of proceedings before the District Court.

• (7) A practice direction may relate to—

  • (a) civil or criminal proceedings, or both, or

  • (b) a class or classes of civil or criminal proceedings, or both,

  and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the District Court to be necessary or expedient for the purposes of the direction.

• (8) A practice direction shall be published in such manner as the President of the District Court may direct.

• (9) Subsections (5) to (8) are without prejudice to any powers of the District Court in respect of proceedings before it.”.

114. Amendment of section 57 of Act of 1961

114. Section 57 of the Act of 1961 is amended—

• (a) in subsection (1)(a), by the substitution of “a person who holds or held the office of Master of the High Court, Chief Legal Costs Adjudicator, Legal Costs Adjudicator or county registrar ceases to hold that office and attains the age of sixty-five years, or ceases to hold that office having been removed from office under the applicable provisions” for “a person who holds the office of Master of the High Court, Taxing-Master or county registrar ceases to hold that office (otherwise than on being removed from that office by the Government on the ground of misconduct or inefficiency) either after attaining the age of sixty-five years”, and

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

• “(5) In this section, ‘applicable provisions’ means—

  • (a) in the case of a person holding the office of Master of the High Court, paragraph (a) of section 3(4B) of the Act of 1926,

  • (b) in the case of a person holding the office of the Chief Legal Costs Adjudicator or Legal Costs Adjudicator, clause (a) of paragraph 18(11) of the Eighth Schedule, and

  • (c) in the case of a person holding the office of county registrar, section 35(8)(a) of the Act of 1926.”.

115. Court may award costs without oral hearing

115. The Act of 1961 is amended by the insertion of the following section after section 61:

“62. (1) Subject to subsection (2), a court in any proceedings before it may, in relation to its determination, or any part of its determination, of the liability (if any) of any party to costs, make one or more of the following directions:

• (a) that the determination shall be made without an oral hearing;

• (b) that an application or submission to the court relating to such determination shall be made in writing;

• (c) that a ruling in relation to such liability shall be delivered in writing.

• (2) A court shall not make a direction under subsection (1) where it considers that it is not in the interests of justice to do so.

• (3) A direction under subsection (1) may be made at any time during the proceedings concerned or at their conclusion.

• (4) Rules of court may, in relation to proceedings to which subsection (1) applies, make provision for the manner in which submissions in writing relating to liability for costs may be made by the parties to the proceedings.

• (5) Subsection (1) is without prejudice to any power of the court under any enactment or rule of court.

• (6) In this section, ‘court’ means the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court.”.

116. Amendment of Eighth Schedule to Act of 1961

116. The Eighth Schedule to the Act of 1961 is amended by the substitution of the following paragraph for paragraph 17:

“Qualification of Master of the High Court

1. No person shall be appointed to be Master of the High Court unless at the time of his or her appointment he or she—

2. (a) is a barrister or solicitor of not less than eight years’ standing who is then actually practising, or

3. (b) has—

   • (i) been appointed under section 27(1A) of the Act of 1926 to be a deputy to execute the office of the Master of the High Court or, as the case may be, to execute such office concurrently with the Master of the High Court, and

   • (ii) been appointed and acted as such deputy for a period or periods totalling not less than three months.”.

117. Amendment of section 7(6) of Courts Act 1964

117. Section 7(6)(a)(ii) of the Courts Act 1964, in so far as it is not already repealed, is repealed.

118. Amendment of Courts Service Act 1998

118. The Courts Service Act 1998 is amended—

• (a) in section 6(2)—

• (i) in paragraph (j), by the substitution of “designate court venues,” for “designate court venues, and”,

• (ii) in paragraph (k), by the substitution of “Courts and Court Officers Act 2009,” for “Courts and Court Officers Act 2009.”, and

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

• “(l) designate a court office as a centralised court office, specify or vary the business that may or shall be transacted in such a court office, or revoke the designation of such an office, under section 94 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, and

• (m) designate a court office as a designated court office under section 4A of the Juries Act 1976 for the purposes of that Act,”.

• (b) in section 7—

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

• “(1) Subject to subsection (1A), the Service shall prepare and submit to the Minister, for approval by the Minister with or without amendment, a strategic plan for the ensuing three year period.”,

and

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

• “(1A) After the date of the coming into operation of section 118 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (in this subsection referred to as the ‘commencement date’)—

  • (a) the strategic plan submitted to the Minister on 9 December 2020, which shall be deemed to have been submitted in accordance with subsection (1) as it stood before the commencement date, shall remain in effect until the approval by the Minister of a new strategic plan under subsection (1),

  • (b) the new strategic plan referred to in paragraph (a) shall be prepared and submitted to the Minister under subsection (1) on a date (in this subsection referred to as the ‘submission date’) not later than three years and six months after 9 December 2020, and

  • (c) a strategic plan shall thereafter be prepared and submitted to the Minister under subsection (1) within six months before each third anniversary of the submission date.”,

and

• (c) in subsection (1) of section 21, by the deletion of “3 year”.

PART 17 Miscellaneous

119. Amendment of section 28 of Gaming and Lotteries Act 1956

119. Section 28(11) of the Gaming and Lotteries Act 1956 is amended by the substitution of “licence” for “permit”.

120. Amendment of section 11B of Guardianship of Infants Act 1964

120. Section 11B of the Guardianship of Infants Act 1964 is amended—

• (a) in subsection (1), by the deletion of “, subject to subsection (3),”, and

• (b) in subsection (3), by—

• (i) the substitution of “make an order under subsection (1)” for “grant leave under subsection (1)”,

• (ii) the substitution, in paragraph (b), of “the order” for “the application”, and

• (iii) the substitution, in paragraph (e), of “the order” for “an order”.

121. Amendment of section 36 of Succession Act 1965

121. Section 36 of the Succession Act 1965 is amended—

• (a) in subsection (4), by the substitution of “until he has satisfied himself, on the basis of an examination of all notices of applications for grants made to the Probate Office and the district probate registries,” for “until he has received from that Office a certificate”, and

• (b) by the deletion of subsections (5) and (7).

122. Amendment of section 11 of Civil Legal Aid Act 1995

122. Section 11 of the Civil Legal Aid Act 1995 is amended by the insertion of the following subsections after subsection (5):

• “(5A) Every solicitor of the Board and solicitor employed by the former Board who, before 1 June 2014, ceased to be employed by the Board or the former Board, as the case may be, is designated as a civil servant in the Civil Service of the State in respect of, subject to subsection (5B), superannuation benefits payable as a result of his or her membership of a scheme made under section 23 or a scheme the operation of which was transferred to the Board under this Act.

• (5B) Subsection (5A) applies in respect of superannuation benefits payable, on or after the coming into operation of section 122 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023, by the Minister for Public Expenditure, National Development Plan Delivery and Reform out of funds provided by the Oireachtas.”.

123. Amendment of section 32 of Registration of Deeds and Title Act 2006

123. Section 32(1) of the Registration of Deeds and Title Act 2006 is amended in the definition of “deed” by the substitution of the following paragraph for paragraph (e):

• “(e) a certificate of vesting issued under section 46(1) of the Bankruptcy Act 1988 as evidence of the vesting of land in the Official Assignee under that Act;”.

124. Maintenance and champerty not to apply to dispute resolution proceedings

124. The Arbitration Act 2010 is amended by the insertion of the following section after section 5:

“5A. (1) This section applies to dispute resolution proceedings.

• (2) The offences and torts of maintenance and champerty do not apply to dispute resolution proceedings.

• (3) A third-party funding contract that meets the criteria (if any) prescribed under subsection (4) shall not, insofar as it relates to dispute resolution proceedings, be treated as contrary to public policy or otherwise illegal or void.

• (4) The Minister may, for the purposes of subsection (3), by regulation prescribe criteria, including criteria relating to transparency in relation to funders and recipients, for third-party funding contracts.

• (5) In this section—

‘dispute resolution proceedings’ means:

- (a) an international commercial arbitration;

- (b) any proceedings arising out of an international commercial arbitration before a court of competent jurisdiction performing any of the functions provided for in the Model Law;

- (c) any appeal from a decision of a court referred to in paragraph (b);

- (d) any mediation or conciliation proceedings arising out of an international commercial arbitration, proceedings or an appeal referred to in paragraph (a), (b) or (c);

  ‘third-party funding contract’ means a contract or agreement between a party or potential party to dispute resolution proceedings and a third-party funder, for the funding of all or part of the costs of the proceedings in return for a share or other interest in the proceeds or potential proceeds of the dispute resolution proceedings to which the party or potential party may become entitled.”.

125. Amendment of Schedule 1 to Garda Síochána (Functions and Operational Areas) Act 2022

125. Schedule 1 to the Garda Síochána (Functions and Operational Areas) Act 2022 is amended, in column (5) opposite mention of reference number 9, in the amendment of section 27B(15) of the Gaming and Lotteries Act 1956, by the substitution of “The chief superintendent of the Garda Síochána division shall cause to be kept a register of all lottery permits” for “The chief superintendent of the Garda Síochána division shall cause to be kept a register of all gaming permits”.

Footnotes