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 1. Short title, commencement, construction and collective citations 2. Definitions 3. Regulations to remove difficulties 4. Expenses PART 2 Court of Appeal Chapter 1 Establishment of Court of Appeal 5. Establishment day 6. Establishment and constitution of Court of Appeal 7. Amendment of section 2 of Act of 1961 8. General jurisdiction of Court of Appeal 9. Power of Court of Appeal to stay proceedings to enable parties to apply to Supreme Court in certain circumstances 10. President of Court of Appeal may issue practice directions Chapter 2 Appointment of Judges of Court of Appeal 11. Amendment of section 5 of Act of 1961 12. Amendment of Act of 1995 13. Advice on appointment to judicial office Chapter 3 Remuneration of Judges, etc. 14. Amendment of section 46 of Act of 1961 15. Amendment of Courts of Justice and Court Officers (Superannuation) Act 1961 16. Pensions of Supreme Court, Court of Appeal and High Court judges 17. Amendment of Courts (Supplemental Provisions) (Amendment) Act 1991 18. Retirement age of judge of Court of Appeal Chapter 4 President of Court of Appeal 19. President of Court of Appeal 20. Amendment of section 35 of Act of 1936 Chapter 5 Rules etc. 21. Amendment of section 36 of Act of 1924 22. Amendment of section 67 of Act of 1936 23. Amendment of section 14 of Act of 1961 Chapter 6 Office of Registrar of Court of Appeal 24. Office of Registrar of Court of Appeal and Registrar of Court of Appeal 25. Deputies for principal officers - office of Registrar of Court of Appeal 26. Amendment of section 55 of Act of 1961 27. Amendment of section 9 of Court Officers Act 1945 Chapter 7 General 28. Precedence between judges of Supreme Court, Court of Appeal and High Court 29. Mode of address 30. References to senior ordinary judge 31. Further amendment of Courts (No. 2) Act 1997 32. Amendment of section 2 of Courts (Establishment and Constitution) Act 1961 33. Amendment of section 18 of Courts Act 1981 34. Completion of partly heard cases by judge appointed to higher court PART 3 Amendments of other Acts 35. Amendment of section 24 of Act of 1924 36. Amendment of Court Officers Act 1926 37. Amendment of section 8 of Offences Against the State (Amendment) Act 1940 38. Amendment of section 57E of Central Bank Act 1942 39. Amendment of section 2 of Irish Legal Terms Act 1945 40. Amendment of section 12 of Seanad Electoral (Panel Members) Act 1947 41. Amendment of section 5 of Courts of Justice Act 1953 42. Amendment of section 50 of Greyhound Industry Act 1958 43. Amendment of Courts (Establishment and Constitution) Act 1961 44. Amendment of Act of 1961 45. Amendment of Criminal Justice (Legal Aid) Act 1962 46. Amendment of section 8 of Geneva Conventions Act 1962 47. Amendment of section 34 of Criminal Procedure Act 1967 48. Amendment of Law Reform Commission Act 1975 49. Amendment of Courts-Martial Appeals Act 1983 50. Application where conviction or sentence of court-martial 51. Amendment of section 4 of Criminal Justice Act 1993 52. Amendment of section 21 of Ethics in Public Office Act 1995 53. Further amendment of Act of 1995 54. Amendment of section 27 of Civil Legal Aid Act 1995 55. Amendment of Electoral Act 1997 56. Amendment of section 196 of Taxes Consolidation Act 1997 57. Amendment of section 11 of Courts Service Act 1998 58. Amendment of section 20 of Referendum Act 1998 59. Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998 60. Amendment of Human Rights Commission Act 2000 61. Amendment of Standards in Public Office Act 2001 62. Amendment of Courts and Court Officers Act 2002 63. Amendment of European Convention on Human Rights Act 2003 64. Amendment of Garda Síochána Act 2005 65. Amendment of Criminal Law (Insanity) Act 2006 66. Amendment of section 181 of Criminal Justice Act 2006 67. Amendment of Building Control Act 2007 68. Amendment of section 2 of Charities Act 2009 69. Amendment of Courts and Court Officers Act 2009 70. Amendment of section 98 of Adoption Act 2010 71. Amendment of Criminal Procedure Act 2010 72. Amendment of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 PART 4 Miscellaneous 73. Repeals 74. Construction of references - Supreme Court 75. Construction of references in respect of decisions of High Court being final subject to further appeal in certain circumstances 76. Construction of references in respect of decisions of High Court being final and not subject to further appeal 77. Construction of references - Court of Criminal Appeal and Courts-Martial Appeal Court 78. Transitional provisions 79. Continuity and enforcement of administration of justice not affected SCHEDULE 1 Repeals SCHEDULE 2 Consequential Amendments Acts Referred to Adoption Act 2010 (No. 21) Building Control Act 2007 (No. 21) Central Bank Act 1942 (No. 22) Central Bank and Financial Services Authority of Ireland Act 2003 (No. 12) Charities Act 2009 (No. 6) Civil Law (Miscellaneous Provisions) Act 2008 (No. 14) Civil Law (Miscellaneous Provisions) Act 2011 (No. 23) Civil Legal Aid Act 1995 (No. 32) Court Officers Act 1926 (No. 27) Court Officers Act 1945 (No. 25) Court Officers Acts 1926 to 2012 Courts (Establishment and Constitution) Act 1961 (No. 38) Courts (No. 2) Act 1997 (No. 43) Courts (Supplemental Provisions) (Amendment) Act 1991 (No. 23) Courts (Supplemental Provisions) Act 1961 (No. 39) Courts (Supplemental Provisions) Acts 1961 to 2013 Courts Act 1981 (No. 11) Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32) Courts and Court Officers Act 1995 (No. 31) Courts and Court Officers Act 2002 (No. 15) Courts and Court Officers Act 2009 (No. 36) Courts of Justice Act 1924 (No. 10) Courts of Justice Act 1928 (No. 15) Courts of Justice Act 1936 (No. 48) Courts of Justice Act 1953 (No. 32) Courts of Justice Acts 1924 to 2008 Courts of Justice and Court Officers (Superannuation) Act 1961 (No. 16) Courts Service Act 1998 (No. 8) Courts-Martial Appeals Act 1983 (No. 19) Criminal Justice (Illicit Traffic by Sea) Act 2003 (No. 18) Criminal Justice (Legal Aid) Act 1962 (No. 12) Criminal Justice Act 1993 (No. 6) Criminal Justice Act 2006 (No. 26) Criminal Law (Insanity) Act 2006 (No. 11) Criminal Procedure Act 1967 (No. 12) Criminal Procedure Act 1993 (No. 40) Criminal Procedure Act 2010 (No. 27) Defence Act 1954 (No. 18) Electoral Act 1997 (No. 25) Ethics in Public Office Act 1995 (No. 22) European Convention on Human Rights Act 2003 (No. 20) Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (No. 39) Garda Síochána Act 2005 (No. 20) Geneva Conventions Act 1962 (No. 11) Greyhound Industry Act 1958 (No. 12) Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33) Human Rights Commission Act 2000 (No. 9) International Criminal Court Act 2006 (No. 30) International War Crimes Tribunals Act 1998 (No. 40) Irish Legal Terms Act 1945 (No. 18) Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (No. 7) Jurisdiction of Courts and Enforcement of Judgments Act 1998 (No. 52) Law Reform Commission Act 1975 (No. 3) Offences Against the State (Amendment) Act 1940 (No. 2) Patents Act 1992 (No. 1) Personal Insolvency Act 2012 (No. 44) 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. (2) This Act, other than sections 5 and 12 (a), shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or provisions, and for the repeal of different provisions of the enactments effected by section 73 . (3) The Courts of Justice Acts 1924 to 2008 and this Act, to the extent that it amends or extends those Acts, may be cited together as the Courts of Justice Acts 1924 to 2014 and shall be construed together as one. (4) The Court Officers Acts 1926 to 2012, the Courts and Court Officers Act 2009 and this Act, to the extent that it amends or extends those Acts, may be cited together as the Court Officers Acts 1926 to 2014 and shall be construed together as one. (5) The Courts (Supplemental Provisions) Acts 1961 to 2013 and this Act, to the extent that it amends or extends those Acts, may be cited together as the Courts (Supplemental Provisions) Acts 1961 to 2014 and shall be construed together as one. 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. (2) Where regulations are proposed to be made under this section, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House. (3) In this section “specified Article” means, in relation to the Constitution, Article 34.2, 34.4, 34.5.3°, 34.5.4°, 34A or 64. 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. (2) The Court of Appeal shall be constituted of the following judges: (a) the president thereof, who shall be styled ‘Uachtarán na Cúirte Achomhairc’ (‘President of the Court of Appeal’); (b) not more than 9 ordinary judges, each of whom shall be styled ‘Breitheamh den Chúirt Achomhairc’ (‘Judge of the Court of Appeal’). (3) The Chief Justice and the President of the High Court shall be ex officio additional judges of the Court of Appeal. (4) The President of the Court of Appeal shall be ex officio an additional judge of the Supreme Court and of the High Court. (5) Where, owing to the illness of a judge of the Court of Appeal or for any other reason, a sufficient number of judges of the Court of Appeal 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 Court of Appeal 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 Court of Appeal— (a) the President of the Court of Appeal may, having consulted with the President of the High Court, request any ordinary judge of the High Court, or (b) the Chief Justice, at the request of the President of the Court of Appeal, may request any ordinary judge of the Supreme Court, to sit in the Court of Appeal as an additional judge thereof, and every ordinary judge of the High Court or the Supreme Court, as the case may be, so requested shall sit in the Court of Appeal. (6) Whenever an ordinary judge of— (a) the High Court, or (b) the Supreme Court, sits in the Court of Appeal in pursuance of subsection (5), he or she shall be an additional judge of the Court of Appeal for all the purposes of that Court. (7) In this section ‘the establishment day’ has the same meaning as it has in section 2 of the Court of Appeal Act 2014. ”. 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. (2) Subject to the provisions of Article 64 of the Constitution and section 78 (3) of the Act of 2014, there shall be vested in the Court of Appeal all appellate jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Supreme Court. (3) Subject to section 78 (1) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Court of Criminal Appeal. (4) Subject to section 78 (2) and (3) of the Act of 2014, there shall be vested in the Court of Appeal all jurisdiction which was, immediately before the establishment day, vested in or capable of being exercised by the Courts-Martial Appeal Court. (5) The Court of Appeal may sit in divisions of 3 judges (including judges who are, by virtue of section 1A(3) or (6) of the Courts (Establishment and Constitution) Act 1961 , additional judges of the Court of Appeal) and the divisions may sit at the same time. (6) Notwithstanding the generality of subsection (5), an interlocutory application relating to an appeal before the Court of Appeal 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 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. (7) Where the Court of Appeal is exercising its jurisdiction in respect of a criminal matter before it, then unless the matter is one which involves a question as to the validity of any law having regard to the provisions of the Constitution, the decision of the majority of the judges of the Court hearing the case shall be the decision of the Court of Appeal and it shall be pronounced by such one of the judges of the Court as that Court shall direct and no other opinion whether assenting or dissenting shall be pronounced, nor shall the existence of any such other opinion be disclosed. (8) The jurisdiction vested in the Court of Appeal shall include all powers, duties and authorities incidental to the jurisdiction so vested. (9) In this section— (a) ‘the establishment day’ has the same meaning as it has in section 2 of the Act of 2014, and (b) a reference to an ‘interlocutory application’ includes a reference to an application which may be made under any enactment to the Court of Appeal in criminal proceedings concerning the grant of a certificate of entitlement to legal aid.”. 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. (2) An order to stay proceedings under subsection (1) may only be made by the Court of Appeal where— (a) the proceedings concerned have not been heard in full or in part by the Court of Appeal, and (b) the parties to the proceedings consent to the making of such an order. (3) Where the Court of Appeal makes an order to stay proceedings under subsection (1), no further step may be taken in respect of those proceedings, other than with the leave of the Court of Appeal, until such time as the Supreme Court makes a determination in respect of the application for leave to appeal. (4) Where the Supreme Court grants an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall, in respect of the proceedings before it, provide by order for the discontinuance of those proceedings, which order of discontinuance shall be confined to the grounds upon which the Supreme Court granted leave to appeal. (5) Where the Supreme Court refuses an application for leave to appeal in respect of proceedings which are the subject of an order under subsection (1), the Court of Appeal shall make such order as it thinks fit to provide for the continuance of the proceedings. (6) This section is in addition to, and not in substitution for, any power of the Court of Appeal to stay proceedings before it. (7) For the purposes of this section an appeal shall not be taken to have been heard in part by reason of the Court of Appeal having heard an interlocutory application relating to the appeal or, unless the appeal itself is confined to a procedural matter, the Court of Appeal having heard any procedural application or motion in the matter.” 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. (2) 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, the President of the Court of Appeal may issue directions (in this section referred to as ‘practice directions’) in relation to the conduct of appeals or applications made to the Court of Appeal. (3) A practice direction may relate to— (a) civil or criminal proceedings, or both, or (b) a class or classes of civil or criminal proceedings, or both, and may make provision for such incidental, supplementary and consequential matters, including in respect of a failure to comply with any matter provided for in a direction, as appear to the President of the Court of Appeal to be necessary or expedient for the purposes of the direction. (4) A practice direction shall be published in such manner as the President of the Court of Appeal may direct. (5) This section is without prejudice to any powers of the Court of Appeal in respect of proceedings before it. (6) In this section— ‘appeal’ includes a cross-appeal or request to vary an order under appeal; ‘party’ includes a notice party or a party permitted by the Court of Appeal to intervene in proceedings.”. 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): (3) An ordinary judge of the Supreme Court shall be qualified for appointment as President of the High Court, President of the Court of Appeal or as Chief Justice.”, (e) by the substitution of the following subsection for subsection (4): (4) The President of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as Chief Justice.”, (f) by the substitution of the following subsection for subsection (5): (5) An ordinary judge of the Court of Appeal shall be qualified for appointment as an ordinary judge of the Supreme Court or as President of the High Court, President of the Court of Appeal or as Chief Justice.”, and (g) by the insertion of the following subsections after subsection (5): (6) The President of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the Court of Appeal or Chief Justice. (7) An ordinary judge of the High Court shall be qualified for appointment as an ordinary judge of the Court of Appeal or of the Supreme Court or as President of the High Court, President of the Court of Appeal or Chief Justice.”. 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): (2) The office of ordinary judge of the Court of Appeal referred to in the definition of ‘judicial office’ shall, on the commencement of section 12 (a) of the Court of Appeal Act 2014, be deemed to be a judicial office and have effect accordingly for the purposes of this Part irrespective of whether section 12 (a) of that Act is commenced before the establishment day.”, (b) in section 13(2)(a), by the insertion of the following subparagraph after subparagraph (i): “(ia) the President of the Court of Appeal,”, (c) in section 15, by the insertion of the following subsection after subsection (1): (1A) On the death or retirement of the President of the Court of Appeal, the senior ordinary judge of the Court of Appeal who is for the time being available shall be a member of the Board until the appointment of a President of the Court of Appeal.”, and (d) in section 16(7) (amended by section 192 of the Personal Insolvency Act 2012 )— (i) in paragraph (a), by the substitution of the following subparagraph for subparagraph (i): “(i) subsection (2) of section 5 (amended by section 11 of the Court of Appeal Act 2014) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Supreme Court, of ordinary judge of the Court of Appeal or of ordinary judge of the High Court),”, (ii) by the substitution of the following paragraph for paragraph (b): “(b) (i) The Board shall recommend a person to the Minister under this section only if the Board is of the opinion that the person— (I) has displayed in his or her practice as a barrister or a solicitor a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned, (II) in the case of an appointment to the office of ordinary judge of the Supreme Court, of ordinary judge of the Court of Appeal or of ordinary judge of the High Court, has an appropriate knowledge of the decisions, and an appropriate knowledge and appropriate experience of the practice and procedure, of the Supreme Court, the Court of Appeal and the High Court, (III) is suitable on the grounds of character and temperament, (IV) complies with the requirements of section 19 of this Act, and (V) is otherwise suitable. (ii) In determining whether the requirements of subparagraph (i)(II) are satisfied, the Board shall have regard, in particular, to the nature and extent of the practice of the person concerned insofar as it relates to his or her personal conduct of proceedings in the Supreme Court, the Court of Appeal and the High Court whether as an advocate or as a solicitor instructing counsel in such proceedings or both.”, 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: 6. (1) Subject to Chapter 2 of Part 2 of the Public Service Pensions (Single Scheme and Other Provisions) Act 2012 , the provisions set out in Part I of the Second Schedule to this Act shall apply to the pensions of judges of the Supreme Court, Court of Appeal and High Court. (2) Where a judge of the Supreme Court, Court of Appeal or High Court is removed from office on account of incapacity, he or she shall be deemed for the purpose of pension to have vacated his or her office owing to permanent infirmity.”. 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. (2) Where— (a) immediately before the commencement of this section (inserted by section 18 of the Court Of Appeal Act 2014), a person holds office referred to in section 47(2) or (3), and (b) the person is, on or after such commencement, appointed to be a judge of the Court of Appeal, the age of retirement of that person shall be 72 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. (2) The Office of the Registrar of the Court of Appeal shall be under the management of the Registrar of the Court of Appeal and there shall be transacted in that Office all the business of the Court of Appeal (except such business as is for the time being required by law to be transacted by or before one or more of the judges of that Court). (3) The Registrar of the Court of Appeal shall have the superintendence and control of the Office of the Registrar of the Court of Appeal but shall in the exercise of such superintendence and control be subject to the general direction of the Courts Service in regard to all matters of general administration and to the directions of the President of the Court of Appeal in regard to all matters relating to the conduct of that part of the business of the Court of Appeal which is for the time being required by law to be transacted by or before one or more of the judges of that Court. (4) In addition to the superintendence and control referred to in subsection (3), the Registrar of the Court of Appeal shall act as registrar to that Court and shall perform and fulfill in relation to that Court all such duties and functions as are usually performed and fulfilled by the registrar of a court and shall also have and exercise such powers and authorities and perform and fulfill such duties and functions as shall from time to time be assigned to him or her by any enactment or rule of court. (5) In this section ‘the establishment day’ has the same meaning as it has in section 2 of the Court Of Appeal Act 2014.”. 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): (1) The provisions set out in the Eighth Schedule (amended by section 44 of the Act of 2014) shall apply in relation to offices and officers to be attached to the High Court, the Court of Appeal, the Supreme Court and the President of the High Court respectively.”. 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): (2) The power conferred on the Courts Service by subsection (1) shall— (a) where the officer required to perform the duties of another office is attached to the Supreme Court, be exercised only after consultation with the Chief Justice, (b) where such officer is attached to the Court of Appeal, be exercised only after consultation with the President of the Court of Appeal, and (c) where such officer is attached to the High Court, be exercised only after consultation with the President of the High Court.”. 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 (3) of the Courts (No. 2) Act 1997 relates) each according to the priority of his or her appointment as President of the Circuit Court.”. 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. (2) Whenever a judge sits in a court in pursuance of this section, he or she shall be an additional judge of the Court concerned for all the purposes of that Court.”. 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 “s …