IE-2008-act-14 — Civil Law (Miscellaneous Provisions) Act 2008 | Law Reform

PART 1 Preliminary 1 .— (1) This Act may be cited as the Civil Law (Miscellaneous Provisions) Act 2008. (2) The Minister may, by order or orders, appoint such day or days on which this Act shall come into operation, and different days may be so appointed for different purposes and for different provisions. (3) The Courts (Supplemental Provisions) Acts 1961 to 2007 and sections 9 , 11 , 12 , 13 , 20 , 21 , 22 and 23 may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2008 and shall be construed together as one. (4) The Court Officers Acts 1926 to 2002 and sections 29 and 30 may be cited together as the Court Officers Acts 1926 to 2008. (5) The Solicitors Acts 1954 to 2002 and Part 3 may be cited together as the Solicitors Acts 1954 to 2008. (6) The Landlord and Tenant Acts 1967 to 2005 and Part 4 may be cited together as the Landlord and Tenant Acts 1967 to 2008. (7) The Equal Status Acts 2000 to 2004 and Part 14 may be cited together as the Equal Status Acts 2000 to 2008. (8) The Employment Equality Acts 1998 to 2007 and Part 16 may be cited together as the Employment Equality Acts 1998 to 2008. 2 .— In this Act, “Minister” means Minister for Justice, Equality and Law Reform. 3 .— (1) Each enactment specified in column (2) of Part 1 of the Schedule is repealed to the extent specified in column (3) of that Part. (2) Each statutory instrument specified in column (2) of Part 2 of the Schedule is revoked to the extent specified in column (3) of that Part. 4 .— The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. PART 2 Courts and Court Officers 5 .— Section 9 (inserted by section 9 of the Courts (No. 2) Act 1997) of the Courts of Justice Act 1924 is amended— ( a ) in paragraph ( d ), by inserting “first” before “appointment”, and ( b ) in paragraph ( f ), by substituting “each according to priority of his or her first appointment” for “each according to his or her priority of appointment”. 6 .— Section 88 of the Courts of Justice Act 1924 is amended by inserting the following after subsection (4): “(5) For the purposes of this section (including any warrant under subsection (1))— ( a ) subject to paragraphs ( b ) to ( g ), ‘county’ means a county as referred to in section 10 of the Local Government Act 2001 and as its boundaries are in force from time to time under Part 8 of that Act, ( b ) the city of Cork and the county of Cork shall be regarded as a single county, and a reference to the county of Cork shall include the city of Cork, ( c ) the city of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin shall be regarded as a single county, and a reference to the county of Dublin shall include the city of Dublin and the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin, ( d ) the city of Galway and the county of Galway shall be regarded as a single county, and a reference to the county of Galway shall include the city of Galway, ( e ) the city of Limerick and the county of Limerick shall be regarded as a single county, and a reference to the county of Limerick shall include the city of Limerick, ( f ) the city of Waterford and the county of Waterford shall be regarded as a single county, and a reference to the county of Waterford shall include the city of Waterford, and ( g ) the counties of North Tipperary and South Tipperary shall be regarded as a single county.”. 7 .— Section 38 (as amended by section 3 of the Courts (Supplemental Provisions) Act 1961) of the Court Officers Act 1926 is amended in subsection (1)— ( a ) by inserting “, regulations made under section 3 of the European Communities Act 1972” after “him by statute”, and ( b ) by inserting “, such regulations” after “provided by statute”. 8 .— Section 48 of the Court Officers Act 1926 is amended— ( a ) in subsection (1)— (i) by inserting “by regulations made under section 3 of the European Communities Act 1972” after “him by statute”, and (ii) by inserting “by such regulations” after “provided by statute”, and ( b ) by inserting the following after subsection (2): “(3) An assignment under subsection (1) of a district court clerk to a district court area may be— ( a ) a permanent assignment, ( b ) a temporary assignment, or ( c ) a temporary assignment in addition to any permanent assignment. (4) Where subsection (3)( c ) applies to a district court clerk, the temporary assignment concerned shall be without prejudice to the exercise of all such powers and authorities and the performance of all such duties and functions for the time being conferred or imposed on him or her by law in relation to any district court area to which he or she is permanently assigned. (5) Where a temporary assignment under subsection (1) of a district court clerk to a district court area is made pursuant to a direction given orally under that subsection, the Courts Service shall cause a record in writing to be made and kept, in such manner as the Courts Service thinks fit, of the direction. (6) A record in writing referred to in subsection (5) shall, in any proceedings, be evidence that the district court clerk to which the record relates was temporarily assigned to the district court area to which the record relates until the contrary is shown.”. 9 .— The Courts of Justice Act 1936 is amended by substituting the following for section 65: “Minister for Justice, Equality and Law Reform may prescribe court fees. 65.— (1) The Minister for Justice, Equality and Law Reform may, by order made with the consent of the Minister for Finance— ( a ) prescribe the fees to be charged— (i) in the several offices established by the Courts (Supplemental Provisions) Act 1961, or (ii) in any other office of, or attached to, any court, ( b ) subject to subsection (2), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is of unsound mind, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961, ( c ) subject to subsection (2)( a ), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is a minor, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961, ( d ) prescribe the persons by whom such fees are to be paid, and ( e ) prescribe the occasions upon which such fees are to be paid. (2) An order made under subsection (1)— ( a ) may prescribe general or special exemptions from the payment of fees prescribed under that subsection, ( b ) may, in relation to income or funds referred to in paragraph ( b ) of that subsection, be made by way of variation or extension of or in substitution for all or any of the provisions of sections 109 to 114 of the Lunacy Regulation (Ireland) Act 1871. (3) Subject to subsection (2), the Courts Service shall collect all fees chargeable under an order made under subsection (1) in accordance with the provisions of the order prescribed under paragraphs ( d ) and ( e ) of subsection (1). (4) All fees collected under an order made under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct. (5) The Courts Service may— ( a ) determine the manner or method of payment of any fees chargeable under an order made under subsection (1), and ( b ) determine the form in which the payment of any such fees shall be recorded, including the provision of a receipt in respect of such payment. (6) An order made under this section before the commencement of section 9 of the Civil Law (Miscellaneous Provisions) Act 2008 and in force immediately before that commencement shall, on and after that commencement, be deemed to be an order made under subsection (1) and, accordingly, be liable to amendment or revocation by another order made under that subsection.”. 10 .— Subsection (5) of section 32A (inserted by section 180 of the Criminal Justice Act 2006) of the Courts (Supplemental Provisions) Act 1961 is amended in paragraph ( b ) of the definition of “ relevant district ” by substituting “subparagraph (1), (2) or (2A) of paragraph 3 of the said Schedule” for “subparagraph (1) or (2) of paragraph 3 of the said Schedule”. 11 .— In the case of a judge of the Supreme Court or the High Court who is serving as such on or after 2 June 2002, paragraph 2 of Part I of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph: “(3) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration. (4) There shall be granted to a judge of the Supreme Court or the High Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”. 12 .— In the case of a judge of the Circuit Court who is serving as such on or after 2 June 2002, paragraph 5 of Part II of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph: “(3) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration. (4) There shall be granted to a judge of the Circuit Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of three-eightieths of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”. 13 .— In the case of a judge of the District Court who is serving as such on or after 2 June 2002, paragraph 8 of Part III of the Second Schedule to the Courts (Supplemental Provisions) Act 1961 shall have effect as if the following subparagraphs were substituted for subparagraph (3) of that paragraph: “(3) There shall be granted to a judge of the District Court to whom this paragraph applies and who, owing to age, vacates his or her office after 2 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of one-fortieth of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration. (4) There shall be granted to a judge of the District Court to whom this paragraph applies and who, owing to permanent infirmity, vacates his or her office after 5 years or more of service a pension for life of one-fortieth of his or her remuneration at the time of such vacation of office for each of the first 5 years of service with the addition of one-fortieth of such remuneration for every completed year of service in excess of 5 years of service, subject to a maximum pension of one-half of such remuneration.”. 14 .— Paragraph 3 (as amended by section 37 of the Courts and Court Officers Act 1995) of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961 is amended— ( a ) in subparagraph (1), by substituting “temporarily assigned by the President of the District Court to another district or districts” for “temporarily assigned by the President of the District Court to another district”, ( b ) in subparagraph (2), by substituting “assigned by the President of the District Court to any district or districts” for “assigned by the President of the District Court to any district”, ( c ) by inserting the following subparagraphs after subparagraph (2): “(2A) Without prejudice to subparagraph (2), the President of the District Court may, in relation to any district, temporarily assign for a period not exceeding 6 months one or more district judges (whether or not any such judge is permanently or temporarily assigned to another district or districts) to exercise, in relation to that district, the powers specified in subparagraph (2B). (2B) A district judge who is temporarily assigned to any district under subparagraph (2A) may exercise any of the powers of a district judge to which section 32A applies for the time being conferred on him or her by law whether he or she is in or outside that district.”, ( d ) in subparagraph (3), by substituting “temporarily assigned by the President of the District Court to any district or districts” for “temporarily assigned by the President of the District Court to any district”, and ( e ) by inserting the following subparagraph after subparagraph (4): “(4A) Where a district judge is temporarily assigned to any district under subparagraph (2A)— ( a ) in case there is for the time being a district judge permanently assigned to that district - he or she shall, in relation to that district, have, while so temporarily assigned, concurrently with that district judge, all the powers of a district judge to which section 32A applies for the time being conferred on that district judge who is so permanently assigned, ( b ) in any other case - he or she shall, in relation to that district, have, while so temporarily assigned, all such powers of a district judge to which section 32A applies as would for the time being be conferred by law if he or she were a district judge permanently assigned to that district.”. 15 .— The Courts (Supplemental Provisions) Act 1961 is amended, in the Eighth Schedule— ( a ) in paragraph 4, by substituting the following subparagraph for subparagraph (2): “(2) The Master of the High Court shall have and exercise such powers and authorities and perform such duties and functions as are from time to time conferred on or assigned to him or her by statute, by regulations under section 3 of the European Communities Act 1972 or by rules of court and in particular (unless and until otherwise provided by statute, by such regulations or by rules of court) shall have and perform all such other powers, authorities, duties and functions as are vested in him or her by virtue of section 31(3) of the Act of 1926.”, and ( b ) by substituting the following for paragraph 21: “Qualification of Registrar of Wards of Court. 21.— No person shall be appointed to be Registrar of Wards of Court unless at the time of his or her appointment he or she— ( a ) is a practising barrister of not less than 10 years’ standing, ( b ) is a barrister employed in one or more of the offices mentioned in paragraph 2 who, at any time prior to such appointment, has been so employed for a period of not less than 9 years, or for periods together totalling not less than 9 years, or ( c ) is a person who at the time of the appointment is a member of staff of the Courts Service and holds such qualification or qualifications as the Courts Service, with the consent of the President of the High Court, determines to be appropriate for such appointment.”. 16 .— Section 7 of the Courts Act 1964 is amended— ( a ) by substituting the following for subsections (2) to (4): “(2) This section shall apply in relation to the service of any Circuit Court document and any District Court document in any area notwithstanding the fact that a summons server may stand assigned to that area by the County Registrar for the county in which the area is situate. (3) Subject to subsection (5), the service of a Circuit Court document or a District Court document may be effected by any of the following methods: ( a ) the sending of a copy of the document by registered prepaid post in an envelope addressed to the person to be served at his or her last known residence or place of business in the State and the document may be posted by the person on whose behalf it purports to be issued or a person authorised by him in that behalf; ( b ) personal service (including such service by a person other than a summons server) upon the person to be served, in such manner as may be prescribed by rules of court, or upon such person on behalf of the person to be served, and in such manner, as may be so prescribed; or ( c ) by such other means as may be prescribed by rules of court. (4) The service of a Circuit Court document or a District Court document upon a person pursuant to subsection (3)( a ) shall, upon proof that the envelope containing a copy of the document was addressed, registered and posted in accordance with that subsection, be deemed to be good service upon the person unless it is proved that such copy was not delivered.”, ( b ) by substituting the following for paragraph ( a ) of subsection (5): “( a ) Where— (i) a person upon whom it is proposed to effect service of a document pursuant to subsection (3)( a ) or ( b ) is outside the State or his or her whereabouts are unknown and cannot be ascertained by reasonable inquiries, (ii) an envelope containing a copy of a document intended to be served upon a person pursuant to subsection (3)( a ) is sent to the person by registered post and returned undelivered to the sender, (iii) personal service in accordance with subsection (3)( b ) cannot be promptly effected, or (iv) in a case to which subsection (3)( c ) is applicable, the circumstances, prescribed by rules of court for the purposes of this subparagraph, occur, the Circuit Court (and, in the case of proceedings before that Court, the County Registrar for the county in which the proceedings have been instituted) or the District Court, as may be appropriate, may make such order for substituted service or for the substitution for service of notice by advertisement or otherwise as it (or, in the case of the County Registrar, he or she) may think proper.”, ( c ) in subsection (6)— (i) in paragraph ( a )— (I) by substituting “person pursuant to subsection (3)( a )” for “person pursuant to subsection (3) of this section”, and (II) in subparagraph (iii), by substituting “subsection (3)( a )” for “the provisions of subsection (3) of this section”, and (ii) in paragraph ( b ), by substituting “subsection (3)( a )” for “subsection (3) of this section”, and ( d ) in subsection (7), by substituting “subsection (3)( a )” for “subsection (3) of this section”. 17 .— Section 5 of the Courts Service Act 1998 is amended— ( a ) in paragraph ( d ), by deleting “and” where it last occurs, ( b ) in paragraph ( e ), by substituting “courts, and” for “courts.”, and ( c ) by inserting the following after paragraph ( e ): “( f ) perform such other functions as are conferred on it by any other enactment.”. 18 .— Section 6(2) of the Courts Service Act 1998 is amended by inserting the following after paragraph ( g ): “( ga ) provide secretarial, clerical and administrative support to the Superior Courts Rules Committee, the Circuit Court Rules Committee and the District Court Rules Committee,”. 19 .— Section 1(14) (inserted by section 49 of the Civil Liability and Courts Act 2004) of the Courts (No. 3) Act 1986 is amended by inserting the following after the definition of “ appropriate office ”: “ ‘electronic means’, in relation to an application for a summons or the issue of a summons, includes the use of an information system (within the meaning of section 2 of the Electronic Commerce Act 2000) under the control of a person other than— ( a ) the person who applied for the summons or a person acting on his or her behalf, or ( b ) the appropriate office;”. 20 .— Section 67 (as amended by section 15 of the Courts of Justice Act 1953) of the Courts of Justice Act 1936 is amended by substituting the following for subsections (2) to (10): “(2) The Superior Courts Rules Committee (‘the Committee’) shall consist of 6 ex-officio members and 8 nominated members. (3) The ex-officio members of the Committee shall be— ( a ) the Chief Justice, who shall be the chairperson of the Committee, ( b ) the President of the High Court, who shall be the vice-chairperson of the Committee, ( c ) the Chief Executive Officer of the Courts Service, ( d ) the Attorney General, ( e ) the Registrar of the Supreme Court, and ( f ) the Master of the High Court. (4) The nominated members of the Committee shall be the following: ( a ) 2 shall be ordinary judges of the Supreme Court nominated by the Chief Justice; ( b ) 2 shall be ordinary judges of the High Court nominated by the President of the High Court; ( c ) 2 shall be practising barristers nominated by the General Council of the Bar of Ireland, of whom one shall be a member of the Senior Bar and the other a member of the Junior Bar; and ( d ) 2 shall be practising solicitors nominated by the Council of the Law Society of Ireland. (5) Every nominated member of the Committee shall hold office as such member until— ( a ) the fifth anniversary of the date of his or her nomination, or ( b ) he or she— (i) dies, (ii) resigns as such member, or (iii) ceases to be of the capacity referred to in subsection (4) by virtue of which the member held office as such member, whichever is the earlier. (6) A nominated member of the Committee whose membership thereof expires pursuant to subsection (5)( a ) shall be eligible for re-nomination. (7) The quorum of the Committee shall be 6 members. (8) The Committee may act notwithstanding one or more vacancies in its membership. (9) Each of the ex-officio members of the Committee specified in paragraphs ( a ) to ( d ) of subsection (3) may appoint in writing a person to act in his or her place as a member of the Committee except that the person so appointed shall be— ( a ) in the case of the Chief Justice, an ordinary judge of the Supreme Court, ( b ) in the case of the President of the High Court, an ordinary judge of the High Court, ( c ) in the case of the Chief Executive Officer of the Courts Service, a member of the staff of the Courts Service, ( d ) in the case of the Attorney General, an officer of the Attorney General. (10) The Chief Executive Officer of the Courts Service, in consultation with the chairperson of the Committee, shall appoint in writing a member of the staff of the Courts Service to be the secretary to the Committee. (11) A person who made an appointment under subsection (9) or (10) may revoke the appointment at any time.”. 21 .— Section 69 (as amended by section 12 of the Courts of Justice Act 1947) of the Courts of Justice Act 1936 is amended by substituting the following for subsections (2) to (8): “(2) The Circuit Court Rules Committee (‘the Committee’) shall consist of 4 ex-officio members and 7 nominated members. (3) The ex-officio members of the Committee shall be— ( a ) the President of the Circuit Court, who shall be the chairperson of the Committee, ( b ) the Chief Executive Officer of the Courts Service, ( c ) the Attorney General, and ( d ) the county registrar for the county and city of Dublin. (4) The nominated members of the Committee shall be the following: ( a ) 2 shall be judges of the Circuit Court nominated by the judges of the Circuit Court; ( b ) 2 shall be practising barristers nominated by the General Council of the Bar of Ireland; ( c ) 2 shall be practising solicitors nominated by the Council of the Law Society of Ireland, and ( d ) one shall be a county registrar, not being the county registrar referred to in subsection (3)( d ), nominated by the Chief Executive Officer of the Courts Service. (5) Every nominated member of the Committee shall hold office as such member until— ( a ) the fifth anniversary of the date of his or her nomination, or ( b ) he or she— (i) dies, (ii) resigns as such member, or (iii) ceases to be a judge of the Circuit Court, a practising barrister, a practising solicitor or a county registrar, as the case may be, whichever is the earlier. (6) A nominated member of the Committee whose membership thereof expires pursuant to subsection (5)( a ) shall be eligible for re-nomination. (7) The quorum of the Committee shall be 4 members. (8) The Committee may act notwithstanding one or more vacancies in its membership. (9) Each of the ex-officio members of the Committee specified in paragraphs ( a ) to ( c ) of subsection (3) may appoint in writing a person to act in his or her place as a member of the Committee except that the person so appointed shall be— ( a ) in the case of the President of the Circuit Court, an ordinary judge of the Circuit Court, ( b ) in the case of the Chief Executive Officer of the Courts Service, a member of the staff of the Courts Service, ( c ) in the case of the Attorney General, an officer of the Attorney General. (10) The Chief Executive Officer of the Courts Service, in consultation with the chairperson of the Committee, shall appoint in writing a member of the staff of the Courts Service to be the secretary to the Committee. (11) A person who made an appointment under subsection (9) or (10) may revoke the appointment at any time.”. 22 .— Section 71 of the Courts of Justice Act 1936 is amended by substituting the following for subsections (2) to (8): “(2) The District Court Rules Committee (‘the Committee’) shall consist of 4 ex-officio members and 7 nominated members. (3) The ex-officio members of the Committee shall be— ( a ) the President of the District Court, who shall be the chairperson of the Committee, ( b ) the Chief Executive Officer of the Courts Service, ( c ) the Attorney General, and ( d ) such one of the district court clerks of the Dublin Metropolitan District as the Chief Executive Officer of the Courts Service nominates. (4) The nominated members of the Committee shall be the following: ( a ) 4 shall be judges of the District Court nominated by the Minister for Justice, Equality and Law Reform; ( b ) one shall be a practising barrister nominated by the General Council of the Bar of Ireland; and ( c ) 2 shall be practising solicitors nominated by the Council of the Law Society of Ireland. (5) Every nominated member of the Committee shall hold office as such member until— ( a ) the fifth anniversary of the date of his or her nomination, or ( b ) he or she— (i) dies, (ii) resigns as such member, or (iii) ceases to be a judge of the District Court, a practising barrister or a practising solicitor, as the case may be, whichever is the earlier. (6) A nominated member of the Committee whose membership thereof expires pursuant to subsection (5)( a ) shall be eligible for re-nomination. (7) The quorum of the Committee shall be 4 members. (8) The Committee may act notwithstanding one or more vacancies in its membership. (9) Each of the ex-officio members of the Committee specified in paragraphs ( a ) to ( c ) of subsection (3) may appoint in writing a person to act in his or her place as a member of the Committee except that the person so appointed shall be— ( a ) in the case of the President of the District Court, an ordinary judge of the District Court, ( b ) in the case of the Chief Executive Officer of the Courts Service, a member of the staff of the Courts Service, ( c ) in the case of the Attorney General, an officer of the Attorney General. (10) The Chief Executive of the Courts Service, in consultation with the chairperson of the Committee, shall appoint in writing a member of the staff of the Courts Service to be the secretary to the Committee. (11) A person who made an appointment under subsection (9) or (10) may revoke the appointment at any time.”. 23 .— The Courts Act 1971 is amended by substituting the following for sections 13A and 14 (inserted by section 20 of the Criminal Justice (Miscellaneous Provisions) Act 1997): “Evidentiary weight of signed orders or warrants made or issued by District Court judge. 14.— (1) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961, an order made on or after the commencement of this section recording a decision of a judge of the District Court shall, when signed by— ( a ) any judge of the District Court assigned to the District Court district in which the order was made, or ( b ) subject to subsection (2), any district court clerk assigned to the District Court area in which the order was made, be evidence in any legal proceedings of the decision until the contrary is shown. (2) Paragraph ( b ) of subsection (1) shall not apply in the case of an order sending an accused person forward for trial. (3) Subject to subparagraph (2) of paragraph 4 of the Sixth Schedule to the Courts (Supplemental Provisions) Act 1961, a warrant issued on or after the commencement of this section by a judge of the District Court shall, when signed by— ( a ) any judge of the District Court assigned to the District Court district in which the warrant was issued, or ( b ) subject to subsection (4), any district court clerk assigned to the District Court area in which the warrant was issued, be evidence in any legal proceedings of the matters to which the warrant relates until the contrary is shown. (4) Paragraph ( b ) of subsection (3) shall not apply in the case of a search warrant or a warrant sending an accused person forward for trial.”. 24 .— Section 23 of the Courts Act 1971 is amended by substituting the following for subsection (1): “(1) The service of a superior court document may be effected— ( a ) by leaving the document or a copy thereof (as may be appropriate) at, or sending the document or a copy thereof (as may be appropriate) by registered pre-paid post to, the residence or place of business in the State of the person to be served or the place of business in the State of the solicitor (if any) acting for him or her in the proceedings to which the document relates, or ( b ) by such other means as may be prescribed by rules of court.”. 25 .— Section 20 of the Petty Sessions (Ireland) Act 1851 is amended by deleting subsection (4). 26 .— F1 [ … ] 27 .— (1) Where in any civil proceedings (including such proceedings on appeal) a relevant person has a medical condition, an application may be made to the court in which the proceedings have been brought by any party to the proceedings for an order under this section prohibiting the publication or broadcast of any matter relating to the proceedings which would, or would be likely to, identify the relevant person as a person having that condition. (2) An application for an order under this section may be made at any stage of the proceedings. (3) The court shall grant an order under this section only if it is satisfied that— ( a ) the relevant person concerned has a medical condition, ( b ) his or her identification as a person with that condition would be likely to cause undue stress to him or her, and ( c ) the order would not be prejudicial to the interests of justice. (4) An appeal from a refusal or grant of an application for an order under this section may be made by any party to the proceedings and shall lie— ( a ) in relation to proceedings before the District Court, to the Circuit Court, ( b ) in relation to proceedings before the Circuit Court, to the High Court, and ( c ) in relation to proceedings before the High Court, to the Supreme Court. (5) The court— ( a ) hearing an appeal under subsection (4) may vary or revoke the order under this section the subject of the appeal, ( b ) hearing an appeal against a decision in civil proceedings in which an order under this section was made may vary or revoke the order on application made in that behalf by any party to the proceedings. (6) An application for an order under this section, an appeal under subsection (4) or an application referred to in subsection (5)(b) — ( a ) may only be made by a party to the proceedings on notice to the other party or parties to the proceedings, and ( b ) shall be made to the judge concerned in chambers. (7) Each of the following persons who publishes or broadcasts any matter in contravention of an order under this section (including any such order as varied on appeal) is guilty of an offence and is liable on conviction on indictment to a fine not exceeding €25,000 or imprisonment for a term not exceeding 3 years or both: ( a ) if the matter is published in a newspaper or periodical, any proprietor, editor or publisher of the newspaper or periodical; ( b ) if the matter is published otherwise, the person who publishes it; ( c ) if the matter is broadcast, any person transmitting or providing the programme in which the broadcast is made and any person having functions in relation to the programme corresponding to those of an editor of a newspaper. (8) Where a person is charged with an offence under subsection (7) , it shall be a defence to prove that at the time of the alleged offence the person was not aware, and neither suspected nor had any reason to suspect, that the publication or broadcast concerned was of any such matter as is mentioned in subsection (1) . (9) ( a ) Where an offence under subsection (7) has been committed by a body corporate and it is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. ( b ) Where the affairs of a body corporate are managed by its members, paragraph (a) shall apply in relation to the acts and defaults of a member in connection with the functions of management as if he or she were a director or manager of the body corporate. (10) This section applies to civil proceedings that are either— ( a ) brought on or after the commencement of this section, or ( b ) pending on the date of such commencement. (11) In this section— “ broadcast ” means the transmission, relaying or distribution by wireless telegraphy, cable or the internet of communications, sounds, visual images or signals, intended for reception by the public generally or a section of it, whether the broadcast is so received or not; “ publish ” means publish, other than by way of broadcast, to the public generally or a section of it; “ relevant person ”, in relation to civil proceedings, means— ( a ) a party to the proceedings, or ( b ) a person called or proposed to be called to give evidence in the proceedings. 28 .— (1) Where a court is satisfied in proceedings before it that— ( a ) a party appearing before the court in the proceedings, or ( b ) counsel or a solicitor appearing before the court in the proceedings on behalf of a party, is blind or partially sighted and for that reason requires assistance, the court may, at the request of the party, counsel or solicitor concerned and notwithstanding any enactment, statutory instrument made under any enactment or rule of law, authorise another person (in this section referred to as the “ assistant”) to accompany the party, counsel or solicitor, as the case may be, in the proceedings and provide such assistance subject to such directions as the court may give to the assistant. (2) The assistant in proceedings referred to in subsection (1)— ( a ) shall comply with directions referred to in that subsection given to him or her, and ( b ) shall not, by virtue of being the assistant, have any right of audience in the proceedings. 29 .— Section 6(1) of the Court Officers Act 1945 is amended by substituting the following for paragraph ( a ): “( a ) the Courts Service, after consultation with the President of the High Court, may appoint a person who at the time of the appointment is a member of staff of the Courts Service and who— (i) is a barrister or solicitor, (ii) at any time prior to such appointment has been employed for a period of not less than 9 years, or for periods together totalling not less than 9 years, in an office or offices established under Part I of the Principal Act, or (iii) 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.”. 30 .— Section 9 (as amended by section 35 of the Courts and Court Officers Act 1995 and section 23 of the Courts and Court Officers Act 2002) of the Court Officers Act 1945 is amended by substituting the following for subsection (3): “(3) ( a ) Whenever an officer is required under subsection (1)( a ) to perform the duties, or any duty or duties, of another office equivalent to his or her office, he or she shall, while the requirement remains in force, have all the powers of the holder of that other office in respect of the duty or duties concerned as fully as if he or she held that other office. ( b ) Whenever a County Registrar is required under subsection (1)( b ) to perform the duties, or any duty or duties, of the office of any other County Registrar, he or she— (i) shall, while the requirement remains in force, have all the powers of the holder of that office in respect of the duty or duties concerned as fully as if he or she held that office, and (ii) may exercise such powers concurrently with their being exercised by the other County Registrar.”. 31 .— Section 40 of the Civil Liability and Courts Act 2004 is amended— ( a ) in subsection (3), by substituting— “such a report— (i) attend the proceedings, and (ii) have access to any relevant documents, subject to any directions the court may give in that behalf.” for “such a report, attend the proceedings subject to any directions the court may give in that behalf.”, and ( b ) by inserting the following after subsection (10): “(11) In subsection (3), ‘relevant documents’, in relation to any proceedings referred to in that subsection— ( a ) subject to paragraph ( b ), means— (i) the petition, summons or other originating document in the proceedings, (ii) pleadings and other documents (including the terms of settlement, if any) produced to or lodged with the court, or included in the book of pleadings, in the course of the proceedings, and (iii) any order made by the court in the proceedings, ( b ) does not include any document the contents of which are expressed to be without prejudice or in terms having a like effect.”. 32 .— The Courts and Court Officers Act 1995 is amended by substituting the following for subsection (1) (inserted by section 4 of the Courts and Court Officers (Amendment) Act 2007) of section 11: “(1) The number of judges of the District Court in addition to the President of the District Court shall not be more than 63.”. PART 3 Solicitors 33 .— Section 29 (inserted by section 44 of the Solicitors (Amendment) Act 1994) of the Solicitors Act 1954 is amended in subsection (2) by substituting “four” for “five”. 34 .— Section 73 (as amended by section 7 of the Solicitors (Amendment) Act 1994) of the Solicitors Act 1954 is amended by substituting the following for subsections (3) and (4): “(3) Subject to subsections (4) and (4A), the membership and quorum of a committee under this section shall be as specified by the Council and any such membership may include— ( a ) solicitors who are not members of the Council, ( b ) persons who are not solicitors. (4) Where functions of the Society which are performable by the Council are delegated to a committee under this section, that committee, in the performance of all or any of its delegated functions, may sit in one or more divisions, provided that the quorum of such a division shall be three. (4A) Where functions of the Society under section 8 (as amended by section 39 of the Civil Law (Miscellaneous Provisions) Act 2008 ) or 9 of the Solicitors (Amendment) Act 1994 are delegated to a committee under this section, then— ( a ) a majority of the members of the committee, any quorum of the committee, any division of the committee or quorum of such division, shall be persons who are not solicitors, and ( b ) that committee or any division of that committee shall be chaired by a person who is a solicitor.”. 35 .— Section 6 (inserted by section 16 of the Solicitors (Amendment) Act 1994 and amended by section 8 of the Solicitors (Amendment) Act 2002) of the Solicitors (Amendment) Act 1960 is amended by inserting the following after subsection (1A): “(1B) Where a solicitor member of the Disciplinary Tribunal, during the course of his or her membership of the Disciplinary Tribunal, ceases to be a practising solicitor by virtue of not making an application for a practising certificate, that cesser shall not of itself— ( a ) cause the solicitor member to cease to be a solicitor member of the Disciplinary Tribunal, or ( b ) prevent the solicitor member from continuing to serve as a solicitor member of the Disciplinary Tribunal for the remainder of his or her appointment or reappointment as a solicitor member of the Disciplinary Tribunal.”. 36 .— The Solicitors (Amendment) Act 1960 is amended by the insertion of the following section after section 6: “Power of Society to investigate alleged misconduct by solicitor. 6A.— (1) For the avoidance of doubt it is hereby declared that the Society have, and always have had, a power to investigate alleged misconduct by a solicitor. (2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.”. 37 .— Section 8 (inserted by section 18 of the Solicitors (Amendment) Act 1994 and amended by section 10 of the Solicitors (Amendment) Act 2002) of the Solicitors (Amendment) Act 1960 is amended— ( a ) in subsection (1)( a ), by the substitution of “the High Court, after consideration of the report and the submissions (if any) made to it by the Society under subsection (1A) of this section” for “the High Court, after consideration of the report”, and ( b ) by the insertion of the following subsection after subsection (1): “(1A) The Society may make submissions to the High Court in relation to— ( a ) the opinion of the Disciplinary Tribunal as to the fitness or otherwise of the solicitor to be a member of the solicitors’ profession, having regard to the findings of the Disciplinary Tribunal, and ( b ) the recommendations of the Disciplinary Tribunal as to the sanction which in the opinion of the Disciplinary Tribunal should be imposed, having regard to their findings, to any finding of misconduct on the part of the solicitor previously made by them (or by their predecessor, the Disciplinary Committee) and not rescinded by the Court, and to any order made by the Court under the Solicitors Acts 1954 to 2008 in respect of the solicitor.”. 38 .— Section 2 of the Solicitors (Amendment) Act 1994 is amended by the substitution of the following subsection for subsection (2) (inserted by section 12 of the Solicitors (Amendment) Act 2002): “(2) References in sections 10, 10A (inserted by section 13 of the Solicitors (Amendment) Act 2002), 12 (inserted by section 14 of that Act) and 22 of this Act to complaints made to or received by the Society include references to any complaints made to the Society by the registrar under section 14B of this Act, and those provisions of this Act shall have effect accordingly.”. 39 .— Section 8 of the Solicitors (Amendment) Act 1994 is amended— ( a ) in subsection (1), by inserting the following after paragraph ( d ): “( da ) direct the solicitor to pay to the client a sum not exceeding €3,000 or the prescribed amount, whichever is the greater, as compensation for any financial or other loss suffered by the client in consequence of any such inadequacy in the legal services provided or purported to have been provided by the solicitor, provided that any such payment made in compliance with the direction shall be without prejudice to any legal right of the client;”, and ( b ) by inserting the following after subsection (8): “(9) ( a ) Subject to paragraphs ( b ) and ( c ), the Minister may by order prescribe an amount in respect of subsection (1)( da ). ( b ) The Minister shall only exercise the power under paragraph ( a ) to prescribe an amount referred to in that subsection such that the amount prescribed reflects the rate of inflation in the State. ( c ) No order under paragraph ( a ) shall come into operation— (i) before the second anniversary of the commencement of that paragraph, (ii) thereafter at intervals of less than 2 years between orders made and not annulled under that paragraph. ( d ) Every order made under this subsection shall be laid before each House of the Oireachtas as soon as practicable after it is made and, if a resolution annulling the order is passed by either such House within the next 21 days on which that House has sat after the order is laid before it, the order shall be annulled, but without prejudice to the validity of anything done under the order.”. 40 .— The Solicitors (Amendment) Act 1994 is amended by the insertion of the following section after section 14: “Investigation of alleged misconduct by solicitor. 14A.— For the avoidance of doubt it is hereby declared that the power of the Society to investigate alleged misconduct by a solicitor may be exercised whether or not the Society receive a complaint in relation to the solicitor.”. 41 .— The Solicitors (Amendment) Act 1994 is amended by the insertion of the following section after section 14A: “Charging excessive fees may constitute misconduct by solicitor. 14B.— Notwithstanding anything in this Part the issue by a solicitor of a bill of costs that is excessive may constitute misconduct.”. 42 .— The Solicitors (Amendment) Act 1994 is amended by the insertion of the following section after section 14B: “Complaints by registrar. 14C.— The registrar may make a complaint to the Society in relation to a solicitor alleging— ( a ) a contravention by the solicitor of any provision of the Solicitors Acts 1954 to 2008 or any order or regulation made thereunder, or ( b ) any conduct by the solicitor tending to bring the solicitors’ profession into disrepute.”. 43 .— The Solicitors (Amendment) Act 1994 is amended by inserting the following after section 18: “Enforcement of order of Solicitors Disciplinary Tribunal. 18A.— (1) Where, on application by the Society in circumstances where the matter is not otherwise before the High Court, it is shown that a solicitor or any other person has refused, neglected or otherwise failed, without reasonable cause, to comply in whole or in part with an order made by the Solicitors Disciplinary Tribunal, the Court may by order direct the solicitor or other person, as the case may be, to comply in whole or in part with the order of the Solicitors Disciplinary Tribunal. (2) An application by the Society pursuant to subsection (1) shall be on notice to the solicitor or other person concerned unless the High Court otherwise orders. (3) An order of the High Court under subsection (1) may contain such provisions of a consequential nature as the Court considers appropriate.”. 44 .— The Solicitors (Amendment) Act 1994 is amended by inserting the following after section 26: “Limitation of solicitors’, etc. liability by contract. 26A.— (1) Subject to subsections (2) and (3), a contract between a solicitor and a client of the solicitor that any description of civil liability incurred— ( a ) by the solicitor arising from his or her practice as a solicitor in respect of the provision of legal services to the client be limited to an amount specified or referred to in the contract, or ( b ) by a partner, clerk or servant or former partner, clerk or servant of the solicitor arising from that solicitor’s practice as a solicitor in respect of the provision of legal services to the client be limited to an amount specified or referred to in the contract, shall be binding on and enforceable by— (i) if paragraph ( a ) is applicable, the solicitor and the client, and (ii) if paragraph ( b ) is applicable, the partner, clerk or servant or former partner, clerk or servant of the solicitor and the client. (2) Nothing in subsection (1) shall affect the operation of— ( a ) section 40 (as amended by section 31 of the Restrictive Practices (Amendment) Act 1987) of the Sale of Goods and Supply of Services Act 1980, or ( b ) Regulation 6 of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995 (S.I. No. 27 of 1995). (3) The amount referred to in subsection (1) in respect of a description of civil liability the subject of the contract concerned shall be not less than the minimum level of cover, as specified from time to time in regulations under paragraph ( b ) of section 26(4), for indemnity against losses arising from those classes of claims which fall within that description of civil liability and, accordingly, any such amount which is less than such minimum level of cover shall, by virtue of this subsection, be deemed to be increased to such minimum level of cover, and such contract shall be binding and enforceable accordingly. (4) Section 7 of the Attorneys and Solicitors Act 1870 is repealed on the commencement of section 44 of the Civil Law (Miscellaneous Provisions) Act 2008 .”. 45 .— Section 19 of the Solicitors (Amendment) Act 2002 is amended— ( a ) in subsection (3)( d ), by the substitution of the following for subparagraph (iv): “(iv) their opinion as to the fitness of the apprentice, having regard to their finding or findings, to be admitted as a solicitor either at any time or until the apprentice has satisfied the Society or the President of the High Court as to such fitness, and the Society shall bring the report before the Court.”, ( b ) in subsection (5), by the substitution of “The High Court, after consideration of the report of the Disciplinary Tribunal and the submissions (if any) made to it by the Society under subsection (5A) of this section” for “The High Court, on consideration of the report of the Disciplinary Tribunal”, and ( c ) by the insertion of the following subsection after subsection (5): “(5A) The Society may make submissions to the High Court in relation to the opinion of the Disciplinary Tribunal as to the fitness of the apprentice, having regard to the finding or findings of the Disciplinary Tribunal, to be admitted as a solicitor either at any time or until the apprentice has satisfied the Society or the President of the High Court as to such fitness.”. 46 .— (1) The Solicitors (Amendment) Act 2002 is amended by the insertion of the following section after section 19: “Power of Society to investigate alleged misconduct by apprentice. 19A.— (1) For the avoidance of doubt it is hereby declared that the Society have a power to investigate alleged misconduct by an apprentice. (2) The power of the Society referred to in subsection (1) of this section may be exercised whether or not the Society receive a complaint in relation to the apprentice. (3) If subsection (1) of this section would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect. (4) In this section ‘misconduct’ has the same meaning as it has in section 19 of this Act.”. (2) This section shall be deemed to have come into operation on 1 January 2003. PART 4 Landlord and Tenant 47 .— Section 17(1)( a ) (as amended by section 4 of the Landlord and Tenant (Amendment) Act 1994) of the Landlord and Tenant (Amendment) Act 1980 is amended by substituting the following for subparagraph (iii a ): “(iii a ) if section 13(1)( a ) (as amended by section 3 of the Landlord and Tenant (Amendment) Act 1994) applies to the tenement, the tenant has renounced in writing, whether for or without valuable consideration, his or her entitlement to a new tenancy in the tenement and has received independent legal advice in relation to the renunciation, or”. 48 .— Section 85 (as amended by section 191(3) of the Residential Tenancies Act 2004) of the Landlord and Tenant (Amendment) Act 1980 is amended by substituting the following for subsection (2): “(2) Subsection (1) does not apply to a renunciation referred to in— ( a ) subparagraph (iii a ) (inserted by section 47 of the Civil Law (Miscellaneous Provisions) Act 2008 ), or ( b ) subparagraph (iii b ) (inserted by section 191 of the Residential Tenancies Act 2004), of section 17(1)( a ).”. PART 5 Statutory Declarations 49 .— Section 2 of the Statutory Declarations Act 1938 is amended— ( a ) by substituting the following for subsection (2): “(2) Save as is otherwise provided by this section, a person (‘the first-mentioned person’) shall not take or receive a statutory declaration from another person (‘ the declarant ’) unless— ( a ) the declarant is personally known to the first-mentioned person or is identified to him or her by a person who is personally known to him or her, or ( b ) if paragraph ( a ) is not applicable, the first-mentioned person— (i) before taking or receiving the declaration, establishes the identity of the declarant by reference to a relevant document containing a photograph of the declarant, and (ii) states in the attestation that the identity of the declarant has been so established and gives particulars of the relevant document concerned.”, and ( b ) by inserting the following after subsection (3): “(4) In subsection (2) ‘ relevant document ’ means— ( a ) a valid passport issued by or on behalf of an authority recognised by the Government, ( b ) a national identity card issued by the authorities of— (i) a Member State, (ii) the Swiss Confederation, or (iii) a Contracting Party to the EEA Agreement, ( c ) a document which is equivalent to a passport, issued by or on behalf of an authority recognised by the Government, which establishes the identity and nationality of the person to whom the document relates, ( d ) a travel document issued by the Minister for Justice, Equality and Law Reform under section 4 of the Refugee Act 1996, or ( e ) a travel document other than a document to which paragraph ( d ) refers issued by the State solely for the purpose of providing the holder with a document which can serve in lieu of a national passport. (5) In subsection (4), ‘ EEA Agreement ’ means the Agreement on the European Economic Area signed at Oporto on the 2nd of May 1992 as amended for the time being.”. 50 .— The Statutory Declarations Act 1938 is amended by inserting the following after section 3: “Making of statutory declarations outside State. 3A.— (1) Without prejudice to section 6 of the Investment Funds, Companies and Miscellaneous Provisions Act 2006— ( a ) a statutory declaration made in a place outside the State shall be regarded as having been validly made if it is made in such a place before a person authorised under section 1 to take and receive the declaration, or ( b ) a statutory declaration made in a place outside the State shall be regarded as having been validly made if it is made in such a place before a person authorised, under the law of that place, to administer oaths in that place and subsection (3), (4) or (5), as the case may be, is complied with. (2) Subsection (1) is in addition to, and not in substitution for, the circumstances provided under the Diplomatic and Consular Officers (Provision of Services) Act 1993 or any other enactment in which a statutory declaration made by a person in a place outside the State is regarded as a statutory declaration validly made (whether for purposes generally or any specific purpose). (3) In a case falling within subsection (1)( b ), and unless subsection (4) or (5) applies, the signature of the person making the statutory declaration concerned (the ‘declarer’) and, to the extent that the law of the place concerned referred to in subsection (1)( b ) requires either or both of the following to be authenticated: ( a ) the capacity in which the declarer has acted in making that declaration, ( b ) the seal or stamp of the person who has administered the oath to the declarer, shall be authenticated in accordance with the law of that place. (4) If the place concerned referred to in subsection (1)( b ) is situate in a state that is a contracting party to the EC Convention, then (unless that Convention does not extend to that place) the provisions of that Convention with regard to authentication shall apply in relation to the statutory declaration concerned, including the procedures for verification of any matter in circumstances where serious doubts, with good reason, arise in respect of that matter. (5) If the place concerned referred to in subsection (1)( b ) is situate in a state that is a contracting party to the Hague Convention but is not a contracting party to the EC Convention, then (unless the Hague Convention does not extend to that particular place) the provisions of the Hague Convention with regard to authentication shall apply in relation to the statutory declaration concerned, including the procedures for verification of any matter in circumstances where serious doubts, with good reason, arise in respect of that matter. (6) A person may, before receiving any statutory declaration purporting to be made in pursuance of, or for the purposes of, a statutory provision, being a declaration— ( a ) falling within subsection (1)( b ), and ( b ) to which neither the provisions of the EC Convention nor the Hague Convention apply as regards the authentication of it, require such proof, as he or she considers appropriate, of any particular requirements of the law referred to in subsection (3). (7) In this section— ‘ EC Convention ’ means the Convention Abolishing the Legalisation of Documents in the Member States of the European Communities of 25 May 1987; ‘ Hague Convention ’ means the Convention Abolishing the Requirement of Legalisation for Foreign Public Documents done at the Hague on 5 October 1961.”. 51 .— The Statutory Declarations Act 1938 is amended by substituting the following for section 6 (as amended by section 26 of the Standards in Public Office Act 2001): “Penalty for false declaration. 6.— (1) Every person who makes a statutory declaration which to his or her knowledge is false or misleading in any material respect shall be guilty of an offence under this section and liable on summary conviction to a fine not exceeding €3,0