Court of Appeal Act 2014

Court of Appeal Act 2014 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 2014 Court of Appeal Act 2014 Court of Appeal Act 2014 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 18 of 2014 COURT OF APPEAL ACT 2014 CONTENTS

PART 1

Preliminary and General Section

Section 1

Section 2

Section 3

Section 4

PART 2

Court of Appeal

Chapter 1

Establishment of Court of Appeal

Section 5

Section 6

Section 7

Section 8

Section 9

Section 10

Chapter 2

Appointment of Judges of Court of Appeal

Section 11

Section 12

Section 13

Chapter 3

Remuneration of Judges, etc.

Section 14

Section 15

Section 16

Section 17

Section 18

Chapter 4

President of Court of Appeal

Section 19

Section 20

Chapter 5

Rules etc.

Section 21

Section 22

Section 23

Chapter 6

Office of Registrar of Court of Appeal

Section 24

Section 25

Section 26

Section 27

Chapter 7

General

Section 28

Section 29

Section 30

Section 31

Section 32

Section 33

Section 34

PART 3

Amendments of other Acts

Section 35

Section 36

Section 37

Section 38

Section 39

Section 40

Section 41

Section 42

Section 43

Section 44

Section 45

Section 46

Section 47

Section 48

Section 49

Section 50

Section 51

Section 52

Section 53

Section 54

Section 55

Section 56

Section 57

Section 58

Section 59

Section 60

Section 61

Section 62

Section 63

Section 64

Section 65

Section 66

Section 67

Section 68

Section 69

Section 70

Section 71

Section 72

PART 4

Miscellaneous

Section 73

Section 74

Section 75

Section 76

Section 77

Section 78

Section 79

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37) Referendum Act 1998 (No. 1) Seanad Electoral (Panel Members) Act 1947 (No. 42) Standards in Public Office Act 2001 (No. 31) Taxes Consolidation Act 1997 (No. 39) Number 18 of 2014 COURT OF APPEAL ACT 2014 An Act to provide, in pursuance of Article 34 of the Constitution, for the establishment of the Court of Appeal referred to in paragraph ii of Article 34.2 of the Constitution; to specify the jurisdiction of the court; to provide, in relation to the said court, for matters supplementary to the court and the judges and officers of that court; to provide that the Supreme Court may, in certain circumstances, hear certain applications made to it in respect of decisions of the Court of Appeal or the High Court otherwise than with an oral hearing; to provide that the Chief Justice or the President of the Court of Appeal may issue directions in relation to the conduct of appeals or applications made to the Supreme Court or the Court of Appeal; to make provision in relation to the conduct of proceedings before those courts; for those purposes, to amend the Courts (Establishment and Constitution) Act 1961 , the Courts (Supplemental Provisions) Act 1961 and certain other enactments; to provide for the repeal of certain enactments; and to provide for related matters. [20 th July, 2014] Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General Short title, commencement, construction and collective citations 1. (1) This Act may be cited as the Court of Appeal Act 2014.

Definitions 2. In this Act— “Act of 1924” means the Courts of Justice Act 1924 ; “Act of 1936” means the Courts of Justice Act 1936 ; “Act of 1961” means the Courts (Supplemental Provisions) Act 1961 ; “Act of 1995” means the Courts and Court Officers Act 1995 ; “enactment” means— (a) an Act of the Oireachtas, (b) a statute that was in force in Saorstát Éireann immediately before the date of the coming into operation of the Constitution and that continues in force by virtue of Article 50 of the Constitution, or (c) an instrument made under— (i) an Act of the Oireachtas, or (ii) a statute referred to in paragraph (b); “the establishment day” means the day appointed by the Government by order under section 5 to be the day on which the Court of Appeal shall be established; “Minister” means the Minister for Justice and Equ ality.

Regulations to remove difficulties 3. (1) If, in any respect, any difficulty arises in bringing any provision of— (a) this Act, or (b) a specified Article of the Constitution, into operation or in relation to the operation of any such provision, the Minister may by regulations do anything which appears to him or her to be necessary or expedient for removing that difficulty, for bringing that provision into operation or for securing or facilitating its operation, and any such regulations may modify any provision of this Act so far as may be necessary or expedient for carrying such provision into effect for the purposes aforesaid, but no regulations shall be made under this section in relation to any provision of this Act after the expiration of 2 years commencing on the day on which the provision came into operation.

Expenses 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 Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

PART 2

Court of Appeal

Chapter 1

Establishment of Court of Appeal Establishment day 5. The Government shall, by order, appoint a day to be the establishment day for the purposes of this Act.

Establishment and constitution of Court of Appeal 6. The Courts (Establishment and Constitution) Act 1961 is amended by the insertion of the following section after section 1: “1A. (1) On the establishment day, the Court of Appeal, referred to in paragraph ii of Article 34.2 of the Constitution as An Chúirt Achomhairc (the Court of Appeal), shall stand established.

Amendment of section 2 of Act of 1961 7. Section 2 of the Act of 1961 is amended, by the insertion of the following definitions: “ ‘the Act of 2014’ means the Court of Appeal Act 2014; ‘the Court of Appeal’ means the Court established by section 1A of the Principal Act;”.

General jurisdiction of Court of Appeal 8. The Act of 1961 is amended by the insertion of the following section after section 7: “7A. (1) The Court of Appeal shall be a superior court of record with such appellate jurisdiction as is prescribed by the Constitution.

Power of Court of Appeal to stay proceedings to enable parties to apply to Supreme Court in certain circumstances 9. The Act of 1961 is amended by the insertion of the following section after section 7A (inserted by section 8 of the Court of Appeal Act 2014): “7B. (1) Without prejudice to the jurisdiction of the Supreme Court as is prescribed by the Constitution, where proceedings in respect of an appeal from a decision of the High Court are before the Court of Appeal, the Court of Appeal may— (a) of its own motion, or (b) upon application to it in that behalf by one or more parties (in this section referred to as the ‘applicant’) to the proceedings, by order stay the proceedings before it to enable the applicant to apply to the Supreme Court for leave to appeal under Article 34.5.4° of the Constitution from the decision of the High Court.

President of Court of Appeal may issue practice directions 10. The Act of 1961 is amended by the insertion of the following section after section 7B (inserted by section 9 of the Court of Appeal Act 2014): “7C. (1) 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 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, may, subject to any practice direction issued under subsection (2), make any order or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Court of Appeal.

Chapter 2

Appointment of Judges of Court of Appeal Amendment of section 5 of Act of 1961 11. Section 5 (amended by section 4 of the Courts and Court Officers Act 2002 ) of the Act of 1961 is amended— (a) in subsection (2)(a), by the substitution of “Supreme Court, the Court of Appeal” for “Supreme Court”, (b) in subsection (2)(b), by the substitution of “judge of the Supreme Court, the Court of Appeal” for “judge of the Supreme Court”, (c) in subsection (2)(c), by the substitution of “judge of the Supreme Court, the Court of Appeal” for “judge of the Supreme Court”, (d) by the substitution of the following subsection for subsection (3):

Amendment of Act of 1995 12. The Act of 1995 is amended— (a) in section 12— (i) by the designation of that section as subsection (1), (ii) by the insertion of the following definition after the definition of “the Board”: “ ‘the establishment day’ has the same meaning as it has in section 2 of the Court Of Appeal Act 2014;”, (iii) by the substitution of the following definition for the definition of “judicial office”: “ ‘judicial office’ means an office being the office of ordinary judge of the Supreme Court, ordinary judge of the Court of Appeal, ordinary judge of the High Court, ordinary judge of the Circuit Court, specialist judge of the Circuit Court, or judge of the District Court (other than the President of the District Court).”, and (iv) by the insertion of the following subsection after subsection (1):

and (iii) by the insertion of the following paragraph after paragraph (b): “(c) Paragraph (b)(i)(II), in so far as it relates to knowledge of decisions of, and practice and procedure of, the Court of Appeal, shall not apply in relation to the first appointment of the judges of the Court of Appeal.”.

Advice on appointment to judicial office 13. The Act of 1995 is amended by the substitution of the following section for section 17 (amended by section 9 of the Courts and Court Officers Act 2002 ): “17. Where the Government proposes to advise the President to appoint to judicial office a person who is for the time being— (a) a judge of the Court of Appeal, (b) a judge of the High Court, (c) a judge or a specialist judge of the Circuit Court, or (d) a judge of the District Court, or who is eligible for appointment to the Supreme Court, the Court of Appeal or the High Court under section 5(2)(b)(amended by section 11 of the Court Of Appeal Act 2014) of the Act of 1961, the provisions of section 16 of this Act shall not apply.”.

Chapter 3

Remuneration of Judges, etc.

Amendment of section 46 of Act of 1961 14. (1) Section 46 of the Act of 1961 is amended— (a) in subsection (4), by the substitution of— (i) the following paragraph for paragraph (a): “(a) the remuneration payable under this Act to a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court, and”, and (ii) the following paragraph for paragraph (b): “(b) the pension payable under this Act to a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court, and”, (b) in subsection (9A) (inserted by section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 )— (i) by the substitution of “Subject to subsection (9B), the annual sums payable by way of remuneration to the several judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court who are appointed to any of those judicial offices on or after the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be the following, namely” for “Subject to subsection (9B), the annual sums payable by way of remuneration to the several judges of the Supreme Court, the High Court, the Circuit Court and the District Court who are appointed to any of those judicial offices on or after the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be the following, namely”, (ii) by the insertion of the following paragraph after paragraph (a): “(aa) to the President of the Court of Appeal, the sum of €200,000,”, and (iii) by the insertion of the following paragraph after paragraph (c): “(cc) to each ordinary judge of the Court of Appeal, the sum of €177,803,”, and (c) in subsection (9C)(a) (inserted by section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 ), by the insertion of “the Court of Appeal,” after “Supreme Court,”.

Amendment of Courts of Justice and Court Officers (Superannuation) Act 1961 15. The Courts of Justice and Court Officers (Superannuation) Act 1961 is amended— (a) in section 2— (i) in subsection (1)(a), by the substitution of “Supreme Court, the Court of Appeal,” for “Supreme Court,”, (ii) in subsection (2A)(a), by the substitution of “Supreme Court, the Court of Appeal” for “Supreme Court,”, (iii) in subsection (3), by the substitution of “Supreme Court, the Court of Appeal,” for “Supreme Court,”, and (iv) in subsection (4), by the substitution of “Supreme Court, the Court of Appeal,” for “Supreme Court,”, (b) in section 7(2)(a), by the substitution of “Supreme Court, the Court of Appeal” for “Supreme Court”, and (c) in section 8, by the substitution of “Supreme Court, the Court of Appeal,” for “Supreme Court,”.

Pensions of Supreme Court, Court of Appeal and High Court judges 16. The Act of 1961 is amended by the substitution of the following section for section 6:

Amendment of Courts (Supplemental Provisions) (Amendment) Act 1991 17. The Courts (Supplemental Provisions) (Amendment) Act 1991 is amended— (a) in section 1— (i) in the definition of “judge”, by the substitution of “the Supreme Court, a judge of the Court of Appeal,” for “the Supreme Court,”, (ii) in paragraph (a) of the definition of “service”, by the substitution of “the Supreme Court, the Court of Appeal,” for “the Supreme Court,”, (b) in section 2(a), by the substitution of “the Supreme Court, Court of Appeal” for “the Supreme Court”, and (c) in section 6(6), in paragraph (a) of the definition of “appropriate age”, by the substitution of “the Supreme Court, the Court of Appeal,” for “the Supreme Court,”.

Retirement age of judge of Court of Appeal 18. The Act of 1995 is amended by the insertion of the following section after section 47:

47A. (1) Subject to subsection (2), the age of retirement of a judge of the Court of Appeal shall be 70 years.

Chapter 4

President of Court of Appeal President of Court of Appeal 19. The Act of 1961 is amended by the insertion of the following section after section 7C (inserted by section 10 of the Court Of Appeal Act 2014): “7D. It shall be a function of the President of the Court of Appeal to arrange the distribution and allocation of the business of the Court of Appeal including the arrangement of the divisions of the Court referred to in section 7A(5) and the convening and dissolution of such divisions.”.

Amendment of section 35 of Act of 1936 20. Section 35 (amended by section 64 of the Civil Law (Miscellaneous Provisions) Act 2011 ) of the Act of 1936 is amended by— (a) the insertion of the following subsection after subsection (1): (1A) The President of the Court of Appeal, shall, after consultation with the President of the High Court, if and when he or she thinks proper, travel and sit as a judge of the High Court on Circuit and every other judge of the Court of Appeal shall travel and sit as a judge of the High Court on Circuit when requested by the President of the Court of Appeal to do so, and every such other judge when so travelling and sitting shall be an additional judge of the High Court.”, (b) in subsection (2), by the substitution of “The Chief Justice shall, after consultation with the President of the High Court, if and when he or she thinks proper” for “The Chief Justice shall, if and when he or she thinks proper”, and (c) the insertion of the following subsection after subsection (3): (3A) The President of the Court of Appeal, after such consultations as he or she thinks proper with the judges concerned, shall determine, in respect of every sitting of the High Court on Circuit, the several judges of the Court of Appeal who shall be requested to travel and sit for the purposes of such sittings and the particular judge or judges who shall so travel and sit on each High Court on Circuit, and the President of the Court of Appeal may alter or vary any such determination.”.

Chapter 5

Rules etc.

Amendment of section 36 of Act of 1924 21. Section 36 of the Act of 1924 is amended by— (a) the designation of that section as subsection (1), and (b) the insertion of the following subsection after subsection (1): “(2) In this Act, a reference to Part 1 includes a reference to— (a) Article 64 of the Constitution, and (b) the Court Of Appeal Act 2014.”.

Amendment of section 67 of Act of 1936 22. Section 67 (amended by section 20 of the Civil Law (Miscellaneous Provisions) Act 2008 ) of the Courts of Justice Act 1936 is amended— (a) by the substitution of the following subsection for subsection (2): “(2) The Superior Courts Rules Committee (‘the Committee’) shall consist of 7 ex officio members and 10 nominated members.”, (b) in subsection (3) — (i) by the insertion of the following paragraph after paragraph (a): “(aa) the President of the Court of Appeal, who shall be the vice-chairperson of the Committee,”, and (ii) by the substitution of the following paragraph for paragraph (b): “(b) the President of the High Court,”, (c) in subsection (4), by the insertion of the following paragraph after paragraph (a): “(aa) 2 shall be ordinary judges of the Court of Appeal nominated by the President of the Court of Appeal;”, (d) by the substitution of the following subsection for subsection (7): “(7) The quorum of the Committee shall be 7 members.”, and (e) in subsection (9), by the insertion of the following paragraph after paragraph (a): “(aa) in the case of the President of the Court of Appeal, an ordinary judge of the Court of Appeal,”.

Amendment of section 14 of Act of 1961 23. Section 14 of the Act of 1961 is amended— (a) by the insertion of the following subsection after subsection (2): “(2A) The jurisdiction which is vested in or exercisable by the Court of Appeal and the President of the Court of Appeal respectively shall be exercised so far as regards pleading, practice and procedure generally, including liability to costs, in the manner provided by rules of court, and, where no provision is contained in such rules and so long as there is no rule with reference thereto, it shall be exercised as nearly as possible in the same manner as it might have been exercised by the respective courts or judges by which or by whom such jurisdiction was, immediately before the establishment day (within the meaning of section 2 of the Act of 2014), respectively exercisable.”, and (b) by the substitution of the following subsection for subsection (3): “(3) Rules of court may, in relation to proceedings and matters (not being criminal proceedings or matters or matters relating to the liberty of the person) in the High Court, the Court of Appeal and Supreme Court, authorise the Master of the High Court and other principal officers, within the meaning of the Court Officers Acts 1926 to 2014 to exercise functions, powers and jurisdiction in uncontested cases and to take accounts, conduct inquiries and make orders of an interlocutory nature.”.

Chapter 6

Office of Registrar of Court of Appeal Office of Registrar of Court of Appeal and Registrar of Court of Appeal 24. The Court Officers Act 1926 is amended by the insertion of the following section after section 20 (amended by section 3 of the Act of 1961): “20A. (1) As soon as may be after the establishment day, there shall be, and be attached to the Court of Appeal— (a) an office which shall be known as the Office of the Registrar of the Court of Appeal, and (b) a registrar who shall be known as the Registrar of the Court of Appeal.

Deputies for principal officers - office of Registrar of Court of Appeal 25. The Court Officers Act 1926 is amended by the insertion of the following section after section 28: “28A. The Courts Service may nominate one of the officers for the time being serving in the Office of the Registrar of the Court of Appeal to be the deputy for the principal officer having under this Act the management of such office, and every officer so nominated shall, during every temporary absence and every temporary incapacity through illness of such principal officer and every occasion on which the office of the Registrar is vacant occurring while such nomination remains unrevoked, have and exercise the powers and authorities and perform and fulfil the duties and functions for the time being vested by law in such principal officer.”.

Amendment of section 55 of Act of 1961 26. Section 55 of the Act of 1961 is amended by the substitution of the following subsection for subsection (1):

Amendment of section 9 of Court Officers Act 1945 27.

Section 9

of the Court Officers Act 1945 is amended by the substitution of the following subsection for subsection (2):

Chapter 7

General Precedence between judges of Supreme Court, Court of Appeal and High Court 28. The Act of 1924 is amended by the substitution of the following section for section 9: “9. The precedence between judges shall be as follows: (a) the Chief Justice shall rank first; (b) the President of the Court of Appeal shall rank after the Chief Justice; (c) the President of the High Court shall rank after the President of the Court of Appeal; (d) then shall rank the judges of the Supreme Court who are former Chief Justices each accordingly to priority of his or her appointment as Chief Justice; (e) next shall rank the other judges of the Supreme Court, other than the ex officio judges of that Court to whom paragraphs (f) and (g) relate, each according to priority of his or her first appointment as an ordinary judge of the Supreme Court; (f) then shall rank the judges of the Court of Appeal who are ex officio judges of the Supreme Court (being former Presidents of the Court of Appeal or of the High Court) each according to priority of his or her appointment as President of the Court of Appeal or of the High Court respectively; (g) next shall rank the judges of the High Court who are ex officio judges of the Supreme Court (being former Presidents of the High Court), each according to priority of his or her appointment as President of the High Court; (h) then shall rank the other judges of the Court of Appeal each according to priority of his or her first appointment as an ordinary judge of that Court; (i) next shall rank the other judges of the High Court, other than the ex officio judges of that Court to whom paragraph (j) or (k) relate, each according to priority of his or her first appointment as an ordinary judge of the High Court; (j) then shall rank the President of the Circuit Court by virtue of being an additional judge of the High Court; (k) next shall rank the other judges of the Circuit Court who are ex officio judges of the High Court (being former Presidents of the Circuit Court to whom section 7

Mode of address 29. The Act of 1924 is amended by the substitution of the following section for section 10: “10. The judges of the Supreme Court, the Court of Appeal and the High Court shall be addressed in the manner to be determined by rules to be made under this Part of this Act, and shall have in all respects, save as in this Act is otherwise expressly provided, equal power, authority and jurisdiction one with another.”.

References to senior ordinary judge 30. The Courts (No. 2) Act 1997 is amended by the substitution of the following section for section 11: “11. References in any enactment, howsoever expressed, to the senior ordinary judge of the Supreme Court, to the senior ordinary judge of the Court of Appeal or to the senior ordinary judge of the High Court shall be construed— (a) in the case of the Supreme Court, by reference to the order of precedence of judges of that Court contained in paragraphs (d) and (e) of section 9 of the Courts of Justice Act 1924 , (b) in the case of the Court of Appeal, by reference to the order of precedence of judges of that Court contained in paragraphs (f) and (h) of section 9 of the Courts of Justice Act 1924 , and (c) in the case of the High Court, by reference to the order of precedence of judges of that Court contained in paragraphs (g) and (i) of section 9 of the Courts of Justice Act 1924 .”.

Further amendment of Courts (No. 2) Act 1997 31. The Courts (No. 2) Act 1997 is amended— (a) in section 1, in the definition of “presiding judge”, by the insertion of the following paragraph after paragraph (a): “(aa) in the case of the Court of Appeal, the judge of that Court who is also the President of the Court of Appeal;”, (b) in section 4(1), by the substitution of “presiding judge of the Supreme Court, Court of Appeal, High Court” for “presiding judge of the Supreme Court, High Court”, (c) in section 5— (i) in subsection (1)(a), by the substitution of “Supreme Court, the Court of Appeal, the High Court,” for “Supreme Court, the High Court,”, and (ii) by the insertion of the following subsection after subsection (2): “(2A) Notwithstanding section 1A (inserted by section 6 of the Court Of Appeal Act 2014) of the Courts (Establishment and Constitution) Act 1961 , the number of judges of the Court of Appeal provided for by that section may, subject to section 6, be exceeded by one in each case where a former President of the Court of Appeal serves as a judge of the Court of Appeal by virtue of being a former President of the Court of Appeal to whom section 4(2) relates.”, (d) in section 6, by the insertion of the following subsection after subsection (1): “(1A) In respect of each former President of the Court of Appeal who is still serving as a judge of the Court of Appeal and to whom section 4(2) relates, a vacancy which, but for the application of this subsection to such judge, could be filled in the number of ordinary judges of that Court— (a) at the time when he or she ceases to be the President of the Court of Appeal, or (b) where there is no such vacancy at that time, such a vacancy as next arises or, where appropriate, such a vacancy as next arises after this subsection has been applied to any other preceding former President of the Court of Appeal so serving, shall not be filled until that former President of the Court of Appeal has ceased to be a judge of the Court of Appeal to whom section 4(2) relates.”, and (e) in section 7— (i) in subsection (1), by the substitution of “an additional judge of the Court of Appeal or of the High Court” for “an additional judge of the High Court”, (ii) by the insertion of the following subsection after subsection (1): (1A) “Nothing in this Act shall be construed as affecting a former President of the Court of Appeal who serves as a judge of the Court of Appeal to whom section 4(2) relates from continuing to be ex officio an additional judge of the Supreme Court or of the High Court.”,

and (iii) in subsection (2), by the insertion of “an additional judge of the Court of Appeal or of the Supreme Court” for “an additional judge of the Supreme Court”.

Amendment of section 2 of Courts (Establishment and Constitution) Act 1961 32.

Section 2

of the Courts (Establishment and Constitution) Act 1961 is amended by the substitution of the following subsection for subsection (5): “(5) (a) Where, owing to the illness of a judge of the High Court or for any other reason, a sufficient number of judges of the High Court is not available for the transaction of the business of that Court or, on account of the volume of business to be transacted in the High Court or for any other reason arising from the state of business in that Court, it is expedient to increase temporarily the number of judges available for the purposes of the High Court— (i) the Chief Justice, at the request of the President of the High Court, may request any ordinary judge of the Supreme Court to sit in the High Court as an additional judge thereof, or (ii) the President of the Court of Appeal, at the request of the President of the High Court, may request any ordinary judge of the Court of Appeal to sit in the High Court as an additional judge thereof, and every ordinary judge of the Supreme Court or of the Court of Appeal, as the case may be, so requested shall sit in the High Court. (b) Whenever an ordinary judge of the Supreme Court or the Court of Appeal sits in the High Court in pursuance of this subsection, he or she shall be an additional judge of the High Court for all the purposes of that Court.”.

Amendment of section 18 of Courts Act 1981 33.

Section 18

of the Courts Act 1981 is amended— (a) in subsection (1), by the substitution of the following paragraph for paragraph (a): “(a) If, during any period, the Chief Justice is unable owing to illness or for any other reason to transact the business of his or her office or the office of Chief Justice is vacant, all jurisdictions, powers, authorities and functions for the time being vested in him or her by virtue of his or her office, other than the power of determination specified in section 7(4) (amended by section 44 of the Court Of Appeal Act 2014) of the Courts (Supplemental Provisions) Act 1961 , shall be exercised or performed by— (i) the President of the Court of Appeal, or (ii) if the President of the Court of Appeal is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of the President of the Court of Appeal, by the President of the High Court, or (iii) if the President of the High Court is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of the President of the High Court, by the senior ordinary judge of the Supreme Court who is for the time being available.”, and (b) by the insertion of the following subsection after subsection (1): “(1A) If, during any period, the President of the Court of Appeal is unable owing to illness or for any other reason to transact the business of his or her office or the office of the President of the Court of Appeal is vacant, all jurisdictions, powers, authorities and functions for the time being vested in him or her by virtue of his or her office, other than those conferred on him or her by subsection (1)(a), shall be exercised or performed by the President of the High Court or, if the President of the High Court is unable owing to illness or for any other reason to exercise or perform the said jurisdictions, powers, authorities and functions, or if there is a vacancy in the office of the President of the High Court, by the senior ordinary judge of the Court of Appeal who is for the time being available.”.

Completion of partly heard cases by judge appointed to higher court 34. The Courts (Establishment and Constitution) Act 1961 is amended by the substitution of the following section for section 6A (amended by section 187 of the Personal Insolvency Act 2012 ): “6A. (1) Where a judicial office within the meaning of section 6 of this Act is vacated by a person in accordance with subsection (3) of that section, the person shall complete the hearing and pronounce judgment in respect of any case or cases that have been partly heard by the person in the Court in which the judicial office is vacated if, at the request of the President of that Court— (a) in case the person is appointed to the office of Chief Justice, President of the Court of Appeal, President of the High Court or President of the Circuit Court, he or she considers it appropriate to do so, or (b) in case the person is appointed to the office of— (i) ordinary judge of the Supreme Court, the Chief Justice requests the person to do so, (ia) ordinary judge of the Court of Appeal, the President of the Court of Appeal requests the person to do so, (ii) ordinary judge of the High Court, the President of the High Court requests the person to do so, or (iii) ordinary judge of the Circuit Court or specialist judge of the Circuit Court, the President of the Circuit Court requests the person to do so.

PART 3

Amendments of other Acts Amendment of section 24 of Act of 1924 35. Section 24 of the Act of 1924 is amended by the substitution of “the Supreme Court, the Court of Appeal and the High Court” for “the High Court and the Supreme Court”.

Amendment of Court Officers Act 1926 36. The Court Officers Act 1926 is amended— (a) in section 17, by the deletion of “and also the business of the Court of Criminal Appeal (except such business as is for the time being required by law to be transacted by or before one or more judges of that Court)”, and (b) in section 18— (i) in subsection (1) — (I) by the deletion of “and the Court of Criminal Appeal respectively”, and (II) by the substitution of “that Court” for “those courts respectively”, and (ii) in subsection (2) — (I) by the deletion of “and also as Registrar to the Court of Criminal Appeal”, and (II) by the substitution of “that Court” for “those Courts”.

Amendment of section 8 of Offences Against the State (Amendment) Act 1940 37.

Section 8

of the Offences Against the State (Amendment) Act 1940 is amended in subsection (2)(b), by the insertion of “the Court of Appeal,” after “Supreme Court,”.

Amendment of section 57E of Central Bank Act 1942 38. The Central Bank Act 1942 is amended, in section 57E (inserted by section 28 of the Central Bank and Financial Services Authority of Ireland Act 2003 ) by the substitution, in subsection (1), of the following paragraph for paragraph (a): “(a) a former judge of the Supreme Court, the Court of Appeal or the High Court, or”.

Amendment of section 2 of Irish Legal Terms Act 1945 39.

Section 2

of the Irish Legal Terms Act 1945 is amended— (a) in subsection (2)(a), by the insertion of “, the Court of Appeal” after “the Supreme Court”, (b) in subsection (3), by the insertion of “, the Court of Appeal” after “the Supreme Court”, and (c) in subsection (5), by the insertion of “, the Court of Appeal” after “the Supreme Court”.

Amendment of section 12 of Seanad Electoral (Panel Members) Act 1947 40.

Section 12

of the Seanad Electoral (Panel Members) Act 1947 is amended, in subsection (2)(a), by the insertion of “, the Court of Appeal” after “the Supreme Court”.

Amendment of section 5 of Courts of Justice Act 1953 41.

Section 5

of the Courts of Justice Act 1953 is amended, in subsection (1) — (a) by the insertion of “the Court of Appeal,” after “a judge of the Supreme Court,”, and (b) by the substitution of “or a judge or a specialist judge of the Circuit Court” for “or the Circuit Court”.

Amendment of section 50 of Greyhound Industry Act 1958 42.

Section 50

of the Greyhound Industry Act 1958 is amended, in subsection (2)(a), by the insertion of “Court of Appeal,” after “Supreme Court,”.

Amendment of Courts (Establishment and Constitution) Act 1961 43. The Courts (Establishment and Constitution) Act 1961 is amended— (a) in section 1(4), by the insertion of “or the Court of Appeal,” after “the High Court”, and (b) in section 6— (i) in subsection (1)(a) — (I) by the insertion of “President of the Court of Appeal,” after “Chief Justice,”, and (II) by the insertion of “ordinary judge of the Court of Appeal,” after “ordinary judge of the Supreme Court,”, and (ii) in subsection (5), by the insertion of “the Court of Appeal” after “the Supreme Court,”.

Amendment of Act of 1961 44. The Act of 1961 is amended— (a) in section 7— (i) by the insertion of the following subsection after subsection (3): “(3A) Without prejudice to the generality of subsection (3), an interlocutory application relating to an appeal before the Supreme Court or, unless the appeal itself is confined to a procedural matter, any procedural application or motion in the matter, may be heard and determined by— (a) the Chief Justice sitting alone, or (b) any other judge of the Supreme Court sitting alone as may be nominated for that purpose by the Chief Justice.”, (ii) in subsection (4), by the insertion of “or subsection (4) of section 1A” after “section 1”, (iii) in subsection (5), by the insertion of “or subsection (4) of section 1A” after “section 1”, (iv) by the insertion of the following subsections after subsection (5): “(6) 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 Chief Justice sitting alone, or (b) any other judge of the Supreme Court sitting alone as may be nominated for that purpose by the Chief Justice, may, subject to any practice direction issued under subsection (7), make any order, or give any direction he or she thinks appropriate in relation to the conduct of proceedings before the Supreme Court.

To the Court of Appeal, The Office of the Register of the Court of Appeal;

To the Supreme Court, The Office of the Registrar of the Supreme Court;

To the President of the High Court, The Office of Wards of Court.”, (ii) by the substitution of the following paragraph for paragraph 3: “Officers attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court.

To the Court of Appeal, The Registrar of the Court of Appeal;

To the Supreme Court, The Registrar of the Supreme Court;

To the President of the High Court, The Registrar of Wards of Court.”, and (iii) by the substitution of the following for paragraph 22: “22. (1) In addition to the principal officers there shall be employed in the several offices mentioned in paragraph 2 of this Schedule such and so many officers, clerks, messengers, criers and servants as the Courts Service shall from time to time determine with the sanction of the Minister for Public Expenditure and Reform and after consultation with the President of the High Court in the case of an office attached to the High Court or in the case of the Office of Wards of Court, with the President of the Court of Appeal in the case of the Office of the Registrar of the Court of Appeal and with the Chief Justice in the case of the Office of the Registrar of the Supreme Court.

Amendment of Criminal Justice (Legal Aid) Act 1962 45. The Criminal Justice (Legal Aid) Act 1962 is amended— (a) by the insertion of the following section after section 5: “Legal aid (case stated appeal) certificate “5A. (1) Where— (a) a person is charged with an offence, (b) an appeal is brought to the Court of Appeal from a determination of the High Court on a case stated by a judge in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, and (c) a certificate for free legal aid (in this Act referred to as a ‘legal aid (case stated appeal) certificate’) is granted in respect of the person charged with the offence to which the appeal relates by the High Court or under subsection (3) of this section, the person shall be entitled to free legal aid in the preparation and conduct of his or her case in relation to the appeal and to have a solicitor and counsel assigned to him or her for that purpose in such manner as may be prescribed by regulations under section 10 of this Act.

(iii) a determination of the Court of Appeal on appeal from a determination of the High Court referred to in subparagraph (ii), it appears to the Court of Appeal or the High Court (as the case may be) that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.”, (iii) by the substitution, in subsection (3), of the following subparagraph for subparagraph (ii): “(ii) in the case of an appeal from— (I) a determination of the Court of Appeal on a case stated by the Circuit Court in relation to the proceedings in the Circuit Court in regard to the offence or in relation to a question of law arising in those proceedings, (II) a determination of the High Court on a case stated by a judge in relation to the proceedings in the District Court in regard to the offence or in relation to a question of law arising in those proceedings, or (III) a determination of the Court of Appeal on appeal from a determination of the High Court referred to in clause (II), it appears to the Supreme Court that, by reason of the serious nature of the offence with which the person is charged or of exceptional circumstances, it is essential in the interests of justice that a legal aid (Supreme Court) certificate should be granted in respect of the person.”, and (iv) by the insertion of the following subsections after subsection (3): “(4) Where on or after the establishment day— (a) an appeal before the Supreme Court is subsequently determinable by the Court of Appeal pursuant to a direction given under Article 64.3.1° of the Constitution or an order made under Article 64.4.1° of the Constitution, or (b) an application to the Supreme Court seeking leave to appeal against a decision of the High Court is refused by the Supreme Court and an appeal against the decision of the High Court is subsequently brought to the Court of Appeal, and a legal aid (Supreme Court) certificate was granted in respect of the person the subject of the appeal referred to in paragraph (a) or the application referred to in paragraph (b), as the case may be, a legal aid (appeal) certificate or a legal aid (case stated appeal) certificate, as the case may be, shall be deemed to have been granted in respect of the person in relation to the proceedings before the Court of Appeal.

Amendment of section 8 of Geneva Conventions Act 1962 46.

Section 8

of the Geneva Conventions Act 1962 is amended— (a) in subsection (1), by the insertion of “or the Supreme Court, as the case may be,” after “Court of Criminal Appeal”, and (b) in subsection (2), by the substitution of “an application for leave to appeal to the Supreme Court” for “an application to the Attorney General for a certificate authorising an appeal to the Supreme Court”.

Amendment of section 34 of Criminal Procedure Act 1967 47.

Section 34

of the Criminal Procedure Act 1967 is amended— (a) in subsection (1), by the substitution of “may, without prejudice to the verdict or decision in favour of the accused person, refer a question of law arising during the trial to the Court of Appeal for determination or, in the case of a person who is tried on indictment in the Central Criminal Court, make application to the Supreme Court under Article 34.5.4° of the Constitution to refer a question of law arising during the trial to it for determination” for “may, without prejudice to the verdict or decision in favour of the accused person, refer a question of law arising during the trial to the Supreme Court for determination”, (b) in subsection (2), by the substitution of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”, (c) in subsection (3), by the substitution of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”, (d) in subsection (4), by the substitution of “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”, (e) in subsection (5), by the substitution of— (i) “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”, and (ii) “referred to in this section” for “under this section”, (f) by the substitution of the following subsection for subsection (6) — “(6) If the acquitted person wishes to be represented in proceedings referred to in this section before the Court of Appeal or the Supreme Court, as the case may be, and a legal aid (appeal) certificate, or as the case may be, a legal aid (Supreme Court) certificate, is granted under subsection (7) or is deemed to have been granted under subsection (8), he or she shall be entitled to free legal aid in the preparation and presentation of any argument that he or she wishes to make to the Court of Appeal or the Supreme Court, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Criminal Justice (Legal Aid) Act 1962 .”, (g) by the substitution of the following subsection for subsection (7): “(7) The acquitted person may, in relation to proceedings referred to in this section, apply for a legal aid (appeal) certificate to the Court of Appeal or a legal aid (Supreme Court) certificate to the Supreme Court, as the case may be, either— (a) by letter to the registrar of the Court of Appeal or, as the case may be, the registrar of the Supreme Court, setting out the facts of the case and the grounds of the application, or

(b) to the Court of Appeal, or the Supreme Court, itself, as the case may be, and the Court concerned shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.”, (h) in subsection (8), by the substitution of— (i) “a legal aid (appeal) certificate or a legal aid (Supreme Court) certificate, as the case may be,” for “a legal aid (Supreme Court) certificate”, and (ii) “referred to in” for “under this”, and (i) in subsection (9), by the insertion of “, ‘legal aid (appeal) certificate’ ” after “ ‘legal aid (Supreme Court) certificate’ ”.

Amendment of Law Reform Commission Act 1975 48. The Law Reform Commission Act 1975 is amended— (a) in section 1, by the substitution of the following for the definition of “judicial office”: “ ‘judicial office’, except where the context otherwise requires, means an office, being the office of President of the Court of Appeal, President of the High Court, ordinary judge of the Supreme Court, ordinary judge of the Court of Appeal or ordinary judge of the High Court;”, (b) in section 14— (i) in subsection (1), by the insertion of the following paragraph after paragraph (a): “(aa) in case on being so appointed such person is the President of the Court of Appeal or another judge of the Court of Appeal, other than a judge who is ex officio an additional judge of that Court, then for so long as such person continues to hold the judicial office held by such person on so being appointed, the number of ordinary judges of the Court of Appeal otherwise provided for may be exceeded by one:

Provided that, in the case of a former President of the Court of Appeal to whom section 4

Amendment of Courts-Martial Appeals Act 1983 49. The Courts-Martial Appeals Act 1983 is amended— (a) in section 25, in the definition of “legal aid certificate”, by the substitution of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”, (b) in section 28— (i) by the substitution, in subsection (1)(b), of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”, (ii) by the substitution, in subsection (2), of “A legal aid (court-martial appeal) certificate” for “A legal aid (Courts-Martial Appeal Court) certificate”, and (iii) by the substitution, in subsection (3), of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”, (c) in section 30(3), by the substitution of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”, and (d) in section 31(2), by the substitution of “a legal aid (court-martial appeal) certificate” for “a legal aid (Courts-Martial Appeal Court) certificate”.

Application where conviction or sentence of court-martial 50. The Criminal Procedure Act 1993 is amended by the substitution of the following section for section 6: “6. (1) Sections 2 to 5 and 7 shall have effect with the following modifications where the conviction or sentence concerned is a conviction or sentence of a court-martial: (a) the references in section 2 to a conviction or sentence shall be construed as references to a conviction or sentence of a court- martial; (b) the reference in section 3 to the jury shall be construed as a reference to the court-martial; (c) the references in section 3 to the trial shall be construed as references to the court-martial; (d) the reference in section 3(3) to the Commissioner of the Garda Síochána shall be construed as a reference to the Deputy Chief of Staff (Support) of the Defence Forces; (e) the reference in section 4(1) to any rule of law shall include a reference to anything in the Defence Act 1954 .

Amendment of section 4 of Criminal Justice Act 1993 51.

Section 4

of the Criminal Justice Act 1993 is amended by the substitution of the following subsection for subsection (2): “(2) Where an application has been made to the Court of Appeal under section 2— (a) a legal aid (appeal) certificate shall be deemed for the purposes of the Criminal Justice (Legal Aid) Act 1962 to have been granted in respect of the person whose sentence is the subject of the application, and (b) the person shall be entitled to free legal aid in the preparation and conduct of his or her case before the Court of Appeal and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of that Act.”.

Amendment of section 21 of Ethics in Public Office Act 1995 52.

Section 21

of the Ethics in Public Office Act 1995 is amended— (a) in subsection 2(a), by the insertion of “, the Court of Appeal” after “Supreme Court”, (b) in subsection (2E)(a), by the insertion of “, the Court of Appeal” after “Supreme Court”, and (c) by the substitution of the following subsection for subsection (2F): “(2F) If the person who is the chairperson of the Commission ceases (otherwise than by death or removal from office) during his or her term of office as such chairperson to be— (a) a judge of the High Court and is not a judge of the Supreme Court or Court of Appeal, (b) a judge of the Court of Appeal and is not a judge of the Supreme Court, or (c) a judge of the Supreme Court, he or she shall continue to be such chairperson until the expiration of his or her term of office.”.

Further amendment of Act of 1995 53. The Act of 1995 is amended— (a) in section 20A(4)(a), by the insertion of “the Court of Appeal,” after “the Supreme Court,”, and (b) in section 23, by the insertion of “President of the Court of Appeal,” after “Chief Justice,”.

Amendment of section 27 of Civil Legal Aid Act 1995 54. Section 27 (amended by section 25 of the Courts and Civil Law (Miscellaneous Provisions) Act 2013 ) of the Civil Legal Aid Act 1995 is amended, in subsection 2(a), by the insertion of “, the Court of Appeal” after “High Court”.

Amendment of Electoral Act 1997 55. The Electoral Act 1997 is amended— (a) in section 7, by the substitution of the following paragraph for paragraph (a): “(a) (i) a judge of the Supreme Court, (ia) following consultation with the President of the Court of Appeal, a judge of the Court of Appeal, or (ii) following consultation with the President of the High Court, a judge of the High Court, nominated by the Chief Justice, who shall be the chairperson of the Commission,”, and (b) in section 8, by the substitution of the following subsection for subsection (1): “(1) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9, the person appointed to be the chairperson of the Commission— (a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court, or following consultation with— (i) the President of the Court of Appeal, another judge of the Court of Appeal, or (ii) the President of the High Court, another judge of the High Court, to be a member and the chairperson of the Commission; (b) ceases to hold office as a judge of the Supreme Court, of the Court of Appeal or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of the Supreme Court, of the Court of Appeal or of the High Court to be a member and the chairperson of the Commission.”.

Amendment of section 196 of Taxes Consolidation Act 1997 56.

Section 196

of the Taxes Consolidation Act 1997 is amended by the substitution of the following subsection for subsection (1): “(1) In this section, ‘a member of the Judiciary’ means— (a) a judge of the Supreme Court, (aa) a judge of the Court of Appeal, (b) a judge of the High Court, (c) a judge of the Circuit Court, (cc) a specialist judge of the Circuit Court, or (d) a judge of the District Court.”.

Amendment of section 11 of Courts Service Act 1998 57.

Section 11

of the Courts Service Act 1998 is amended, in subsection (1) — (a) by the insertion of the following paragraphs after paragraph (b): “(bb) the President for the time being of the Court of Appeal or a judge of the Court of Appeal nominated by the President of that Court, (bc) a judge of the Court of Appeal elected by the ordinary judges of that Court,”, and (b) by the deletion of paragraph (i).

Amendment of section 20 of Referendum Act 1998 58.

Section 2

of the Referendum Act 1998 is amended— (a) in subsection (5)(a), by the insertion of “, a former judge of the Court of Appeal” after “a former judge of the Supreme Court”, and (b) in subsection (7)(a)(i), by the insertion of “a former judge of the Court of Appeal” after “Supreme Court,”.

Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998 59. The Jurisdiction of Courts and Enforcement of Judgments Act 1998 is amended— (a) in the First Schedule, by the substitution— (i) in Article 37(2) of the English text, of “in Ireland, by an appeal on a point of law to the Court of Appeal,” for “in Ireland, by an appeal on a point of law to the Supreme Court,”, (ii) in Article 37(2) of the Irish text, of “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Achomhairc;” for “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Uachtarach;”, (iii) in Article 41 of the English text, of “in Ireland, by an appeal on a point of law to the Court of Appeal,” for “in Ireland, by an appeal on a point of law to the Supreme Court,”, and (iv) in Article 41 of the Irish text, of “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Achomhairc;” for “in Éirinn, trí achomharc ar phointe dlí chuig an gCúirt Uachtarach;”, and (b) in the Tenth Schedule (inserted by section 1 (b) of the Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 ), by the substitution, in Annex IV, of “in Ireland: an appeal on a point of law to the Court of Appeal,” for “in Ireland: an appeal on a point of law to the Supreme Court,”.

Amendment of Human Rights Commission Act 2000 60. The Human Rights Commission Act 2000 is amended— (a) in section 1(1), by the substitution of the following definition for the definition of “judicial office in the Superior Courts”: ‘judicial office in the Superior Courts’ means the office of judge of the High Court, the office of judge of the Court of Appeal or the office of judge of the Supreme Court;”, (b) in section 5(6), by the insertion of the following paragraphs after paragraph (a): “(aa) in case on being so appointed he or she is the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on so being appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one and, if the said person so appointed is a former President of the Court of Appeal, the proviso to paragraph (aa) of section 14

Amendment of Standards in Public Office Act 2001 61.

Section 22

of the Standards in Public Office Act 2001 is amended, in subsection (3), by the substitution of the following definition for the definition of “judicial office”: ‘judicial office’ means the office of— (a) judge of the Supreme Court, (aa) judge of the Court of Appeal, (b) judge of the High Court, (c) judge of the Circuit Court, (cc) specialist judge of the Circuit Court, or (d) judge of the District Court;”.

Amendment of Courts and Court Officers Act 2002 62. The Courts and Court Officers Act 2002 is amended— (a) in section 6(a), by the insertion of “, the Court of Appeal” after “Supreme Court”, and (b) in section 46— (i) in subsection (1), by the insertion of “the Court of Appeal,” after “the Supreme Court,”, and (ii) in subsection (11), in the definition of “President of the Court”, by the insertion of the following paragraph after paragraph (c): “(cc) in relation to the Court of Appeal, the President of the Court of Appeal,”.

Amendment of European Convention on Human Rights Act 2003 63.

Section 5

of the European Convention on Human Rights Act 2003 is amended in subsection (1) by the insertion of “the Court of Appeal” after “the High Court,”.

Amendment of Garda Síochána Act 2005 64. The Garda Síochána Act 2005 is amended— (a) in section 109, by the substitution of the following subsection for subsection (2): “(2) The Chief Justice may invite— (a) a judge of the Supreme Court, (b) with the consent of the President of the Court of Appeal, a judge of the Court of Appeal, or (c) with the consent of the President of the High Court, a judge of the High Court, to conduct the inquiry and, if the invitation is accepted, the Chief Justice shall appoint that judge to conduct the inquiry.”, and (b) in Schedule 4, by the insertion of the following paragraph after paragraph 1: “If Court of Appeal judge or former President of the Court of Appeal is appointed member of Ombudsman Commission 1A. (1) If a person appointed as the chairperson of the Ombudsman Commission is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

Amendment of Criminal Law (Insanity) Act 2006 65. The Criminal Law (Insanity) Act 2006 is amended— (a) in section 7, by the deletion of subsection (5), and (b) in Schedule 1, in paragraph 2, by the insertion of “, Court of Appeal” after “High Court”.

Amendment of section 181 of Criminal Justice Act 2006 66.

Section 181

Amendment of Building Control Act 2007 67. The Building Control Act 2007 is amended— (a) in section 13, by the substitution of the following subsection for subsection (5): “(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”, (b) in section 21, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”, (c) in section 23, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.”, (d) in section 24, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”, (e) in section 28, by the substitution of the following subsection for subsection (5): “(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”, (f) in section 35, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”, (g) in section 37, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, the Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.”, (h) in section 38, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”,

(i) in section 42, by the substitution of the following subsection for subsection (5): “(5) The chairperson of the Admissions Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”, (j) in section 49, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Technical Assessment Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”, (k) in section 51, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Committee shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister with the consent of the Minister for Jobs, Enterprise and Innovation.”, and (l) in section 52, by the substitution of the following subsection for subsection (3): “(3) The chairperson of the Appeals Board shall be a solicitor, a barrister or a former judge of the Circuit Court, High Court, Court of Appeal or Supreme Court who shall be appointed as chairperson by the Minister.”.

Amendment of section 2 of Charities Act 2009 68.

Section 2

of the Charities Act 2009 is amended, in subsection (1), in the definition of “judicial office in the Superior Courts”, by the insertion of “, the office of judge of the Court of Appeal” after “the office of judge of the High Court”.

Amendment of Courts and Court Officers Act 2009 69. The Courts and Court Officers Act 2009 is amended— (a) in section 13, in the definition of “court office”, by the insertion of the following paragraph after paragraph (a): “(aa) the Court of Appeal,”, (b) in section 16, by the insertion of the following paragraph after paragraph (a): “(aa) the President of the Court of Appeal, where a proposed constituent court office is an office attached to Court of Appeal,”, and (c) in section 22— (i) in subsection (1)(b), by the insertion of “Court of Appeal,” before “High Court”, and (ii) in subsection (2), by the substitution of the following paragraphs for paragraphs (a) to (d): “(a) the Central Criminal Court; (b) the Court of Appeal; (c) the Circuit Court,”.

Amendment of section 98 of Adoption Act 2010 70.

Section 98

of the Adoption Act 2010 is amended, in subsection (2)(a), by the insertion of “the Court of Appeal” after “Supreme Court,”.

Amendment of Criminal Procedure Act 2010 71. The Criminal Procedure Act 2010 is amended— (a) in section 2(1), by the insertion of the following definition: “ ‘legal aid (appeal) certificate’ has the meaning it has in the Act of 1962;”, (b) in section 23— (i) by the substitution, in subsection (1), for “may, subject to subsection (3) and section 24, appeal the acquittal in respect of the offence concerned on a question of law to the Supreme Court” of “may, subject to subsection (3) and section 24, appeal the acquittal in respect of the offence concerned on a question of law to— (I) the Court of Appeal, or (II) in the case of a person who is tried on indictment in the Central Criminal Court, the Court of Appeal or the Supreme Court under Article 34.5.4° of the Constitution”, (ii) by the substitution of the following subsection for subsection (2): “(2) Where a person’s conviction of an offence on indictment is quashed on appeal by the Court of Appeal and the Court makes no order for the re-trial of the person in respect of the offence, the Director, if he or she is the prosecuting authority in the trial, or the Attorney General, as may be appropriate, may, subject to subsection (3) and section 24, appeal the decision of the Court of Appeal not to order a re-trial of the offence concerned on a question of law to the Supreme Court under Article 34.5.3° of the Constitution.”, (iii) in subsection (3) — (I) by the substitution of “An appeal referred to in this section” for “An appeal under this section”, (II) by the substitution of the following paragraph for paragraph (a): “(a) a ruling was made by a court— (i) during the course of a trial referred to in subsection (1), or (ii) during the hearing of an appeal referred to in subsection (2), which erroneously excluded compelling evidence, or”, (iv) by the substitution of the following subsection for subsection (4): “(4) An appeal referred to in this section shall be made on notice to the person who is the subject of the appeal within 28 days or such longer period not exceeding 56 days as— (a) in the case of an appeal referred to in subsection (1), the Court of Appeal or the Supreme Court, as the case may be, or (b) in the case of an appeal referred to in subsection (2), the Supreme Court, may, on application to it in that behalf, determine, from the day on which the person was acquitted or the conviction was quashed, as the case may be.”, (v) in subsection (5), by the substitution of “the Supreme Court or the Court of Appeal, as the case may be,” for “the Supreme Court”,

(vi) in subsection (6), by the substitution of “For the purposes of considering an appeal referred to in this section the Supreme Court or the Court of Appeal, as the case may be,” for “For the purposes of considering an appeal under this section the Supreme Court”, (vii) in subsection (7), by the substitution of “The Supreme Court or the Court of Appeal, as the case may be, shall assign counsel to argue in support of the acquittal referred to in subsection (1) or the decision not to order a re-trial referred to in subsection (2), as the case may be, if” for “The Supreme Court shall assign counsel to argue in support of the acquittal referred to in subsection (1) or the decision of the Court of Criminal Appeal not to order a re-trial referred to in subsection (2), as the case may be, if”, (viii) by the substitution of the following subsection for subsection (8): “(8) Where an appeal referred to in this section has been made to the Court of Appeal or the Supreme Court and a legal aid (appeal) certificate or, as the case may be, a legal aid (Supreme Court) certificate, is granted under subsection (9), or deemed to have been granted under subsection (10), in respect of the person who is the subject of the appeal, he or she shall be entitled to free legal aid in the preparation and conduct of any argument that he or she wishes to make to the Court of Appeal or the Supreme Court, as the case may be, and to have a solicitor and counsel assigned to him or her for that purpose in the manner prescribed by regulations under section 10 of the Act of 1962.”, (ix) by the substitution of the following subsection for subsection (9): “(9) The person may, in relation to an appeal referred to in this section, apply for a legal aid (appeal) certificate to the Court of Appeal or a legal aid (Supreme Court) certificate to the Supreme Court, as the case may be, either— (a) by letter to the registrar of the Court of Appeal or, as the case may be, the registrar of the Supreme Court, setting out the facts of the case and the grounds of the application, or (b) to the Court of Appeal, or the Supreme Court, itself, as the case may be, and the Court concerned shall grant the certificate if (but only if) it appears to the Court that the means of the person are insufficient to enable him or her to obtain legal aid.”, (x) in subsection (10) — (I) by the substitution of “a legal aid (Supreme Court) certificate or a legal aid (appeal) certificate, as the case may be,” for “a legal aid (Supreme Court) certificate”, and

(II) by the substitution of “in relation to an appeal referred to in this section” for “in relation to the proceedings under this section”, (xi) in subsection (11) — (I) by the substitution of “On hearing an appeal referred to in subsection (1) the Court of Appeal may” for “On hearing an appeal under this section the Supreme Court may”, (II) in paragraph (a) — (A) by the deletion of “or reverse the decision of the Court of Criminal Appeal, as the case may be,”, and (B) in subparagraph (i) by the substitution of “subsection (3)(a)(i) or (b) ” for “subsection (3)(a) or (3)(b) ”, and (III) in paragraph (b), by the deletion of “or the decision of the Court of Criminal Appeal, as the case may be”, (xii) by the insertion of the following subsection after subsection (11): “(11A) On hearing an appeal referred to in this section, the Supreme Court may— (a) quash the acquittal or reverse the decision of the Court of Appeal, as the case may be, and order the person to be re-tried for the offence concerned if it is satisfied— (i) that the requirements of subsection (3)(a) or (b), as the case may be, are met, and (ii) that, having regard to the matters referred to in subsection (12), it is, in all the circumstances, in the interests of justice to do so, or (b) if it is not so satisfied, affirm the acquittal or the decision of the Court of Appeal, as the case may be.”, (xiii) in subsection (12), by the substitution of “In determining whether to make an order under paragraph (a) of subsection (11) or (11A), the Court of Appeal or the Supreme Court, as the case may be,” for “In determining whether to make an order under subsection (11)(a), the Supreme Court”, and (xiv) in subsection (13)— (I) by the substitution, in paragraph (a), of “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”, and (II) by the substitution, in paragraph (b), of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”, (c) in section 25— (i) by the substitution, in subsection (2), of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”, and (ii) by the substitution, in subsection (3), of “The Court of Appeal or the Supreme Court, as the case may be,” for “The Supreme Court”, and (d) in section 26— (i) by the substitution, in subsection (2), of “the Court of Appeal or the Supreme Court, as the case may be,” for “the Supreme Court”, and (ii) by the substitution, in subsection (3), of “A legal aid (appeal) certificate or a legal aid (Supreme Court) certificate” for “A legal aid (Supreme Court) certificate”.

Amendment of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 72. The Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 is amended— (a) in section 67— (i) in subsection (5)(b), by the insertion of “the Court of Appeal,” after “Supreme Court,”, and (ii) in subsection (8)(a), by the insertion of “the Court of Appeal,” after “Supreme Court,”, and (b) in section 83— (i) in subsection (4)(b), by the insertion of “the Court of Appeal,” after “Supreme Court,”, and (ii) in subsection (7)(a), by the insertion of “the Court of Appeal,” after “Supreme Court,”.

PART 4

Miscellaneous Repeals 73. Each enactment specified in column (2) of Schedule 1 is repealed to the extent specified in columns (3) and (4) of that Schedule.

Construction of references - Supreme Court 74. (1) References (howsoever expressed) to the Supreme Court, in relation to an appeal, including proceedings taken by way of case stated, which lies (or otherwise) to it in any enactment passed or made before the establishment day, shall be construed as references to the Court of Appeal, unless the context otherwise requires.

Construction of references in respect of decisions of High Court being final subject to further appeal in certain circumstances 75. Without prejudice to the generality of section 74 , a reference (howsoever expressed) contained in any enactment passed or made before the establishment day, to a decision or determination of the High Court which is stated to be final, subject to a right of appeal to the Supreme Court in certain circumstances, including by way of certification or leave of the High Court, or as the case may be, the Supreme Court— (a) shall be construed as being without prejudice to Article 34.5.4° of the Constitution, and (b) in respect of a reference in that regard to the “Supreme Court”, shall be construed as a reference to the Court of Appeal unless the context otherwise requires.

Construction of references in respect of decisions of High Court being final and not subject to further appeal 76. References (howsoever expressed) contained in any enactment passed or made before the establishment day to a decision or determination of the High Court which is stated to be final shall be construed as being without prejudice to Article 34.5.4 ° of the Constitution.

Construction of references - Court of Criminal Appeal and Courts-Martial Appeal Court 77. Subject to section 78 , references (howsoever expressed) to— (a) the Court of Criminal Appeal, or (b) the Courts-Martial Appeal Court, in any enactment passed or made before the establishment day, shall be construed as references to the Court of Appeal exercising its criminal jurisdiction, unless the context otherwise requires.

Transitional provisions 78. (1) The Court of Criminal Appeal shall, as regards any proceedings before it that have been — (a) initiated before the establishment day, and (b) heard in full or in part by that Court before that day, continue to have jurisdiction in respect of the proceedings and accordingly the Court of Criminal Appeal may determine and pronounce judgment in respect of those proceedings.

Continuity and enforcement of administration of justice not affected 79. The continuity of the administration and enforcement of justice shall not be interrupted by the coming into operation of any provision of this Act.

SCHEDULE 1 Repeals

Section 73

Item

Courts of Justice Act 1924

Section 28

The whole section 2.

Courts of Justice Act 1924

Section 29

The whole section 3.

Courts of Justice Act 1928

Section 7

The whole section 4.

Courts (Establishment and Constitution) Act 1961

Section 3

The whole section 5.

Courts (Supplemental Provisions) Act 1961

Section 12

The whole section 6.

Courts-Martial Appeals Act 1983 Sections 9 to 12 The whole of each section Sections 14 and 15 The whole of each section 7.

Criminal Justice Act 1993

Section 3

The whole section 8.

Criminal Procedure Act 1993

Section 11

The whole section 9.

Courts and Court Officers Act 1995 Sections 4 and 5 The whole of each section

Section 44

The whole section 10.

Criminal Procedure Act 2010

Section 14

The whole section SCHEDULE 2 Consequential Amendments

Section 74

Item

Section 95

In subsection (2), by the substitution of “The Court of Appeal or the Supreme Court, as the case may be, may, if it thinks fit,” for “The Supreme Court may, if it thinks fit,”.

In subsection (3), by the substitution of “the Court, the Court of Appeal or the Supreme Court, as may be appropriate,” for “the Court or the Supreme Court, as may be appropriate,”.

2 International War Crimes Tribunals Act 1998

Section 18

In subsection (1), by the substitution of the following paragraphs for paragraphs (a), (b) and (c): “(a) by a decision of the High Court under Article 40.4.2° of the Constitution or following an appeal from such a decision, (aa) as a consequence of an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal), (b) as a consequence of an appeal on a point of law to the Court of Appeal, or (c) as a consequence of an order under section 21 or 22,”.

3 International War Crimes Tribunals Act 1998

Section 19

By the substitution of the following subsection for subsection (3): “(3) In this section, ‘appeal proceedings’ means proceedings relating to— (a) a complaint under Article 40.4.2° of the Constitution (including proceedings on an appeal from a decision about that complaint), (b) an appeal on a point of law to the Court of Appeal, or (c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal).”.

4 Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 17

In subsection (1), by the substitution of the following paragraphs for paragraphs (a), (b), (c) and (d): “(a) who has been released by order of the High Court under Article 40.4.2° of the Constitution or on the determination of an appeal from an order under that provision, (aa) who has been released on the determination of an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal), (b) who has been released on the determination by the Court of Appeal of an appeal on a point of law, (c) who has been released by order of the Minister under section 21, or (d) whose surrender has been refused under section 22,”.

5 Criminal Justice (Illicit Traffic by Sea) Act 2003

Section 19

By the substitution of the following subsection for subsection (2)(c): “In this section ‘appeal proceedings’ means proceedings relating to— (a) a complaint under Article 40.4.2° of the Constitution (including proceedings on an appeal from a decision about the complaint), (b) an appeal on a point of law to the Court of Appeal, or (c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal);”.

6 International Criminal Court Act 2006

Section 15

By the substitution of the following definition for the definition of “appeal proceedings”: “ ‘appeal proceedings’ means proceedings relating to— (a) a complaint under Article 40.4.2° of the Constitution (including any proceedings on appeal from a decision on the complaint), (b) an appeal on a point of law to the Court of Appeal against a surrender order or an appeal to that Court against a refusal of such an order, or (c) an appeal to the Supreme Court (whether under Article 34.5.4° or on an appeal from a decision of the Court of Appeal);”.

7 Adoption Act 2010

Section 53

In subsection (2), by the substitution of the following paragraph for paragraph (b): “(b) an appeal against the order— (i) is not brought or the order is confirmed on appeal by the Court of Appeal, and (ii) is not brought (whether under Article 34.5.4° or on appeal from a decision of the Court of Appeal) or the order is confirmed on appeal by the Supreme Court,”.

8 Adoption Act 2010

Section 56

In paragraph (a) of subsection (1), by the substitution of “an appeal to the Court of Appeal or the Supreme Court, as the case may be,” for “an appeal to the Supreme Court”.

In paragraph (a) of subsection (2), by the substitution of “the High Court, the Court of Appeal or the Supreme Court” for “the High Court or the Supreme Court”.

In subsection (3) — (a) in paragraph (a), by the substitution of the following subparagraphs for subparagraphs (i) and (ii): “(i) an appeal against the order— (I) is not brought or the order is confirmed on appeal by Court of Appeal, and