Courts and Court Officers Act, 1995

• Jurisdiction: Ireland
• Citation: IR No. 31/1995

Number 31 of 1995
COURTS AND COURT OFFICERS ACT, 1995
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title, commencement, collective citation and construction. 2. Definitions. 3. Repeals.
PART II
Supreme Court
4. Vesting of powers of Court of Criminal Appeal in Supreme Court. 5. Courts-Martial Appeal Court. 6. Number of judges of Supreme Court. 7. Sittings of Supreme Court. 8. Administration of Supreme Court.
PART III
Numbers of Judges of High Court, Circuit Court and District Court
9. Number of ordinary judges of High Court. 10. Number of ordinary judges of Circuit Court. 11. Number of judges of District Court.
PART IV
Judicial Appointments
12. Interpretation of Part IV. 13. Judicial Appointments Advisory Board. 14. Procedures of Board. 15. Death or retirement of member of Board. 16. Submission of names to Minister. 17. Advice on appointment of judge to judicial office. 18. Advice on appointment of Attorney General to judicial office. 19. Undertaking to be given by applicants for judicial office. 20. Confidentiality of communications. 21. Staff of and assistance to Board. 22. Expenses. 23. Appointment of Chief Justice, etc.
PART V
Master of High Court
24. Powers of Master of High Court. 25. Hearings by Master of High Court. 26. Sittings of Master of High Court.
PART VI
Taxing Master of High Court
27. Additional powers of Taxing Master of High Court.
PART VII
Qualification of Judges
28. Amendment of section 5 of Act of 1961. 29. Amendment of section 14 of Courts of Justice Act, 1936. 30. Amendment of section 17 of Act of 1961. 31. Amendment of section 2 of Courts Act, 1973.
PART VIII
Circuit Court
32. Transfer of trials in criminal cases by judges of Circuit Court. 33. Ex officio judge of Circuit Court. 34. Hearings by County Registrar. 35. Amendment of section 9 of Court Officers Act, 1945. 36. Amendment of section 2 of Courts Act, 1977.
PART IX
District Court
37. Temporary assignment of judge of district court. 38. Amendment of section 39 of Act of 1961. 39. Amendment of section 42 of Act of 1961. 40. Amendment of section 44 of Act of 1961. 41. Amendment of section 79 of Courts of Justice Act, 1924.
PART X
Miscellaneous
42. Amendment of section 34 of Courts of Justice Act, 1936. 43. Amendment of section 38 of Courts of Justice Act, 1936. 44. Right of appeal from Central Criminal Court. 45. Further powers of Superior Courts Rules Committee and Circuit Court Rules Committee. 46. Scales of costs. 47. Retirement age of judge of Supreme Court and High Court. 48. Funds for training and education of judges. 49. Court costume. 50. Claims for debts and liquidated sums. 51. Amendment of section 35 of Court Officers Act, 1926. 52. Amendment of section 29 of Charities Act, 1961. 53. Amendment of section 30 of the Judicial Separation and Family Law Reform Act, 1989. 54. Amendment of section 32 of the Judicial Separation and Family Law Reform Act, 1989.
FIRST SCHEDULE
Enactments Repealed
SECOND SCHEDULE
Orders which can be Made by County Registrars
Number 31 of 1995
COURTS AND COURT OFFICERS ACT, 1995
AN ACT TO AMEND AND EXTEND THE COURTS OF JUSTICE ACT, 1924 , THE COURTS OF JUSTICE ACT, 1936 , THE COURT OFFICERS ACT, 1945 , THE COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961 , THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1991, THE COURTS ACT, 1973 , THE COURTS ACT, 1981 , THE COURTS-MARTIAL APPEALS ACT, 1983 , TO ESTABLISH A JUDICIAL APPOINTMENTS ADVISORY BOARD AND TO MAKE PROVISION IN RESPECT OF THAT BOARD, TO FACILITATE JUDICIAL TRAINING, TO AMEND AND EXTEND THE POWERS OF THE MASTER OF THE HIGH COURT, THE TAXING MASTERS OF THE HIGH COURT AND THE COUNTY REGISTRARS, TO EXTEND THE POWERS OF THE SUPERIOR COURTS RULES COMMITTEE AND CIRCUIT COURT RULES COMMITTEE, TO PROHIBIT THE WEARING OF WIGS BY BARRISTERS OR SOLICITORS IN COURT, TO AMEND AND EXTEND THE CHARITIES ACTS, 1961 AND 1973, AND TO PROVIDE FOR RELATED MATTERS. [15th December, 1995]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title, commencement, collective citation and construction.	1.—(1) This Act may be cited as the Courts and Court Officers Act, 1995.
	(2) Sections 3 (2), 4 , 5 and 44 shall come into operation on such day as the Government may fix by order after consultation with the Chief Justice and the President of the High Court.
	(3) The collective citation “the Courts (Supplemental Provisions) Acts, 1961 to 1991”, shall be deemed to include the Courts Act, 1991 , and the Courts (Supplemental Provisions) (Amendment) Act, 1991 .
	(4) This Act, in so far as it amends or extends the Courts (Supplemental Provisions) Acts, 1961 to 1991, shall be construed as one therewith and those Acts and this Act may be cited together as the Courts (Supplemental Provisions) Acts, 1961 to 1995.
	(5) This Act, in so far as it amends or extends the Court Officers Acts, 1926 to 1991, shall be construed as one therewith and those Acts and this Act may be cited together as the Court Officers Acts, 1926 to 1995.
	(6) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, extended, adapted or applied by or under any subsequent enactment, (including this Act).
	Definitions.	2.—In this Act—
	“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961 ;
	“Court of Justice” means the Court of Justice of the European Communities;
	“the Minister” means the Minister for Justice.
	Repeals.	3.—(1) The enactments mentioned in column (2) of Part I of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.
	(2) Subject to subsection (3) of this section the enactments mentioned in column (2) of Part II of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule.
	(3) Section 44 (2) of the Offences Against the State Act, 1939 , shall apply and have effect for the purposes of that subsection notwithstanding the repeal of sections 28 and 29 of the Courts of Justice Act, 1924 and section 12 of the Act of 1961.
PART II Supreme Court
	Vesting of powers of Court of Criminal Appeal in Supreme Court.	4.—(1) There shall be vested in the Supreme Court all powers, jurisdiction and functions which, before the coming into operation of an order under section 1 (2) of this Act, are vested in or are capable of being exercised by the Court of Criminal Appeal.
	(2) Any application or other matter that is pending before the Court of Criminal Appeal on or before the coming into operation of an order under section 1 (2) of this Act including cases listed for hearing by that Court and any notice of appeal or notice of application for leave to appeal to the Court of Criminal Appeal shall be heard by the Supreme Court.
	(3) References to the Court of Criminal Appeal in any statute or statutory instrument shall be construed as references to the Supreme Court.
	Courts-Martial Appeal Court.	5.—(1) There shall be vested in the Supreme Court all powers, jurisdiction and functions which, before the coming into operation of an order under section 1 (2) of this Act, are vested in or are capable of being exercised by the Courts-Martial Appeal Court.
	(2) Any application or other matter that is pending before the Courts-Martial Appeal Court, on or before the coming into operation of an order under section 1 (2) of this Act, including cases listed for hearing by that Court and any notice of appeal or notice of application for leave to appeal to the Courts-Martial Appeal Court shall be heard by the Supreme Court.
	(3) References to the Courts-Martial Appeal Court in any statute or statutory instrument shall be construed as references to the Supreme Court.
	Number of judges of Supreme Court.	6.—(1) Section 1 of the Courts (Establishment and Constitution) Act, 1961 , is hereby amended by the substitution of the following subsection for subsection (2):
	“(2) The Supreme Court shall be constituted of the following judges—
	(a) the president thereof, namely, An Príomh-Bhreitheamh (The Chief Justice), and
	(b) not more than seven ordinary judges (each of whom shall be styled ‘Breitheamh den Chúirt Uachtarach’ (‘Judge of the Supreme Court’)).”.
	(2) Section 14 (1) (a) (i) of the Law Reform Commission Act, 1975 , shall be construed as if “eight” were substituted for “five” in that section.
	Sittings of Supreme Court.	7.—Section 7 of the Act of 1961, is hereby amended by the substitution of the following subsections for subsections (3) and (4):
	“(3) The Supreme Court may sit in two or more divisions and they may sit at the same time.
	(4) Subject to subsection (5) of this section, the Chief Justice or, in his or her absence the senior ordinary judge of the Supreme Court for the time being available, may determine that an appeal to or other matter cognisable by the Supreme Court may be heard and determined by a division of five or three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act, additional judges of the Supreme Court.
	(5) An appeal to or other matter cognisable by the Supreme Court under Article 12 or...