Courts Act 2016

• Jurisdiction: Ireland
• Citation: IR No. 22/2016
• Year: 2016

Number 22 of 2016
COURTS ACT 2016
CONTENTS
Section
1. Amendment of Civil Liability and Courts Act 2004
2. Amendment of sections 140 and 196 of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
3. Amendment of section 60 of Valuation Act 2001
4. Amendment of section 67 of Valuation Act 2001
5. Amendment of section 170A of Planning and Development Act 2000
6. Amendment of paragraph 18 of Eighth Schedule to Courts (Supplemental Provisions) Act 1961
7. Further amendment of Eighth Schedule to Courts (Supplemental Provisions) Act 1961
8. Amendment of section 139(2) of Legal Services Regulation Act 2015
9. Repeal of provisions in certain licensing legislation connected with rateable valuation
10. Short title
Acts Referred to
Beer Licences Regulation (Ireland) Act 1877 (40 & 41 Vict., c. 4)
Civil Law (Miscellaneous Provisions) Act 2011 (No. 23)
Civil Liability and Courts Act 2004 (No. 31)
Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)
Courts (Supplemental Provisions) Act 1961 (No. 39)
Intoxicating Liquor Act 1943 (No. 7)
Intoxicating Liquor Act 1962 (No. 21)
Legal Services Regulation Act 2015 (No. 65)
Licensing (Ireland) Act 1902 (2 Edw 7 c. 18)
Planning and Development (Amendment) Act 2015 (No. 63)
Planning and Development Act 2000 (No. 30)
Tourist Traffic Act 1952 (No. 15)
Valuation Act 2001 (No. 13)
Number 22 of 2016
COURTS ACT 2016
An Act to amend certain enactments concerning the jurisdiction of the Circuit Court and the District Court, to amend sections 60 and 67 of the Valuation Act 2001 , to amend section 170A(3) of the Planning and Development Act 2000 , to amend the Eighth Schedule to the Courts (Supplemental Provisions) Act 1961 and section 139 (2) of the Legal Services Regulation Act 2015 , to repeal certain enactments in relation to the jurisdiction of the District Court and Circuit Court in certain licensing matters and to provide for related matters.
[28th December, 2016]
Be it enacted by the Oireachtas as follows:
		Amendment of Civil Liability and Courts Act 2004
1. The Civil Liability and Courts Act 2004 is amended by the insertion, after section 53, of the following:
	“Presumption as to market value
	53A. (1) Where—
	(a) in any enactment a monetary amount is specified for the market value of land for the purpose of—
	(i) conferring or limiting the jurisdiction of the Circuit Court in civil proceedings, or
	(ii) requiring or authorising the Circuit Court to transfer civil proceedings to the High Court,
	and
	(b) the plaintiff or applicant in any such proceedings alleges that the market value of the land concerned does not exceed such monetary amount,
	it shall, in the proceedings concerned, be presumed, until the contrary is proved, that the market value of such land does not exceed the foregoing amount.
	(2) This section shall not apply to civil proceedings initiated before the passing of the Courts Act 2016.”.
		Amendment of sections 140 and 196 of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010
2. (1) In this section “Act of 2010” means the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 .
	(2) Section 140 of the Act of 2010 is amended, as respects proceedings brought under the Act of 2010 after the commencement of this section —
	(a) by the substitution, for subsection (5), of the following:
	“(5) The Circuit Court shall transfer proceedings to the High Court on application to it by a party to the proceedings, if land to which the proceedings relate has a market value that exceeds €3,000,000.
	(5A) In subsection (5) and the following subsection, ‘market value’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.
	(5B) Where civil partnership law proceedings are brought in the Circuit Court in relation to land and the plaintiff or applicant in the proceedings alleges that the market value of the land concerned does not exceed the monetary amount specified in subsection (5), it shall be presumed, until the contrary is proved, that the market value of the land does not exceed the foregoing amount.”,
	and
	(b) by the substitution, for subsection (10), of the following:
	“(10) Subject to subsection (9), the District Court has all the jurisdiction of the High Court to hear and determine a question arising out of section 34 where the value of the household chattels intended to be disposed of or removed or actually disposed of or removed does not exceed €15,000.”.
	(3) Section 196 of the Act of 2010 is amended, as respects an application brought, after the commencement of this section, for an order for redress referred to in section 173 of the Act of 2010, by the substitution, for subsection (6), of the following:
	“(6) The Circuit Court shall transfer, to the High Court, proceedings on applications for orders for redress referred to in section 173 on application to it by a party to the proceedings, if land to which the proceedings relate has a market value that exceeds €3,000,000.
	(6A) In subsection (6) and the following subsection, ‘market value’ means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the making of the application concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.
	(6B) Where an application, in relation to land, is brought in the Circuit Court for an order for redress referred to in section 173, and the applicant alleges that the market value of the land concerned does not exceed the monetary amount specified in subsection (6), it shall be presumed, until the contrary is proved, that the market value of the land does not exceed the foregoing amount.”.
	(4) This section shall come into operation on such day as the Minister for Justice and Equality may by order appoint.
		Amendment of section 60 of Valuation Act 2001
3. Section 60 of the Valuation Act 2001 is amended by the insertion, after subsection (2), of the following:
	“(3) The production to the Tribunal or a court of a certificate issued pursuant to section 67(4) purporting to state the value of a property determined under section 67(2) by an officer of the Commissioner or other person duly authorised to do so, shall, without proof of the signature of that officer or other person that he or she was duly authorised by the Commissioner to so certify, be sufficient evidence, until the contrary is proved, of the matters stated in the certificate.”.
		Amendment of section 67 of Valuation Act 2001
4. Section 67 of the Valuation Act 2001 is amended by the substitution, for subsection (2), of the following:
	“(2) Notwithstanding the preceding sections of this Act, the Commissioner may, in relation to property concerned that falls within Schedule 4 and for...