Courts (No. 2) Act, 1986
What is this act about?
This law amends and expands existing laws related to courts, focusing on how debts are enforced, fines are handled, and intoxicating liquor licenses are renewed. It introduces new procedures for examining debtors' financial means and sets out terms for imprisonment in default of fine payments.
Who it applies to: Individuals or bodies corporate who owe debts or are liable to pay fines; Creditors seeking to enforce judgments, orders, or decrees.
Deadlines:
- For summary convictions, if a fine is not paid, imprisonment terms are set: up to 5 days for fines not exceeding £50, up to 15 days for fines exceeding £50 but not exceeding £250, up to 45 days for fines exceeding £250 but not exceeding £500, and up to 90 days for fines exceeding £500.
At a glance
- Country
- Ireland
- Area of law
- Procedural law
- Articles
- 10
- Source
- irishstatutebook.ie
- Text retrieved
- Explanation updated
What does this act regulate?
- The examination of a debtor's financial means when a debt is due.
- Imprisonment terms for not paying fines after a summary conviction.
- Amendments to the Enforcement of Court Orders Act, 1940, regarding the time limits for applications and the duration of instalment orders.
- The process for renewing intoxicating liquor licenses without requiring court certificates in certain circumstances.
Who does this act apply to?
- Individuals or bodies corporate who owe debts or are liable to pay fines.
- Creditors seeking to enforce judgments, orders, or decrees.
- Applicants for the renewal of intoxicating liquor licenses.
What are the key points?
- Creditors can apply for a summons to examine a debtor's means, requiring the debtor to lodge a statement of means specifying assets, liabilities, income, and dependents.
- For summary convictions, if a fine is not paid, imprisonment terms are set: up to 5 days for fines not exceeding £50, up to 15 days for fines exceeding £50 but not exceeding £250, up to 45 days for fines exceeding £250 but not exceeding £500, and up to 90 days for fines exceeding £500.
- An application to examine a debtor's means can be made up to six years after the date of the judgment, order, or decree.
- An instalment order will remain in force for up to twelve years from the date of the relevant judgment, order, or decree.
- Renewal of intoxicating liquor licenses for premises licensed in the immediately preceding year does not require a District Court certificate, unless false information was provided, which can lead to a fine not exceeding £300 or forfeiture of the license.
Procedural law
Legal text
Legal text
Courts (No. 2) Act, 1986 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 1986 Courts (No. 2) Act, 1986 Courts (No. 2) Act, 1986 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 Print Full ActPriontáil an tAcht Iomlán Number 26 of 1986 COURTS (NO. 2) ACT, 1986 ARRANGEMENT OF SECTIONS Section
Section 1
Examination of debtor as to means.
Section 2
Imprisonment on summary conviction in default of payment of fine.
Section 3
Amendment of Enforcement of Court Orders Act, 1940.
Section 4
Grant of renewal of intoxicating liquor licences without court certificates.
Section 5
Enforcement of certain orders under Guardianship of Infants Act, 1964.
Section 6
Amendment of section 25 of Intoxicating Liquor Act, 1927.
Section 7
Amendment of section 27 of Intoxicating Liquor Act, 1927.
Section 8
Amendment of Criminal Procedure Act, 1967.
Section 9
Miscellaneous amendments and repeals.
Section 10
Short title, construction, collective citation and commencement.
FIRST SCHEDULE SECOND SCHEDULE Acts Referred to Beerhouses (Ireland) Act, 1864 1864, c. 35 Beer Licences Regulation (Ireland) Act, 1877 1877, c. 4 Courts of Justice Acts, 1924 to 1961 Courts (Supplemental Provisions) Acts, 1961 to 1986 Criminal Procedure Act, 1967 1967, No. 12 Customs Acts Enforcement of Court Orders Act, 1926 1926, No. 18 Enforcement of Court Orders Act, 1940 1940, No. 23 Enforcement of Court Orders Acts, 1926 and 1940 Family Law (Maintenance of Spouses and Children) Act, 1976 1976, No. 11 Fire Services Act, 1981 1981, No. 30 Guardianship of Infants Act, 1964 1964, No. 7 Illegitimate Children (Affiliation Orders) Act, 1930 1930, No. 17 Intoxicating Liquor Act, 1927 1927, No. 15 Intoxicating Liquor Act, 1960 1960, No. 18 Intoxicating Liquor Act, 1962 1962, No. 21 Licensing Act, 1872 1872, c. 94 Licensing Act (Ireland), 1874 1874, c. 69 Licensing Acts, 1833 to 1983 Licensing (Ireland) Act, 1833 1833, c. 68 Licensing (Ireland) Act, 1855 1855, c. 62 Licensing (Ireland) Act, 1902 1902, c. 18 Petty Sessions (Ireland) Act, 1851 1851, c. 93 Registration of Clubs (Ireland) Act, 1904 1904, c. 9 Roads Act, 1920 1920, c. 72 Small Penalties (Ireland) Act, 1873 1873, c. 82 Spirits (Ireland) Act, 1854 1854, c. 89 Tourist Traffic Act, 1952 1952, No. 15 Number 26 of 1986 COURTS (NO. 2) ACT, 1986 AN ACT TO AMEND AND EXTEND THE COURTS OF JUSTICE ACTS, 1924 TO 1961, AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1986, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE COURTS. [12th July, 1986] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Examination of debtor as to means.
1.—(1) The Enforcement of Court Orders Act, 1926 , is hereby amended by the substitution of the following section for section 15 : “15.—(1) (a) Whenever a debt is due on foot of a judgment, order or decree of a competent court by a person (in this Part of this Act referred to as ‘the debtor’) to another person (in this Part of this Act referred to as ‘the creditor’) the creditor may, subject to this section, apply to a District Court clerk for the District Court Area wherein the examination is to take place for the issue of a summons requiring the debtor to attend for examination as to his means by a Justice of the District Court. (b) Such summons shall be in a form required by rules of court and shall, subject to subsection (2), be issued by the District Court clerk mentioned in paragraph (a). (c) Upon service of such summons and for the purposes of such examination, the debtor shall lodge a statement (in this Part of this Act referred to as ‘a statement of means’) in accordance with subsections (3) and (4) of this section.
Imprisonment on summary conviction in default of payment of fine.
2.—(1) Where on summary conviction a fine is imposed a court may order that, in default of due payment of the fine, the person liable to pay the fine shall be imprisoned for a term not exceeding the appropriate period specified in the following scale:
Amount of Fine Period of Imprisonment Not exceeding £50 5 days Exceeding £50 but not exceeding £250 15 days Exceeding £250 but not exceeding £500 45 days Exceeding £500 90 days
Amendment of Enforcement of Court Orders Act, 1940.
3.—(1) In this section “the Act of 1940” means the Enforcement of Court Orders Act, 1940 .
Grant of renewal of intoxicating liquor licences without court certificates.
4.—(1) In this section— “the Act of 1902” means the Licensing (Ireland) Act, 1902 ; “the Act of 1927” means the Intoxicating Liquor Act, 1927 ; “the Act of 1952” means the Tourist Traffic Act, 1952 ; “the Act of 1960” means the Intoxicating Liquor Act, 1960 ; “licence” means a licence for the sale of intoxicating liquor for the grant of which the production of a certificate of the District Court or the Circuit Court (as the case may be) is required.
Enforcement of certain orders under Guardianship of Infants Act, 1964.
5.— (1) In this section “the Act of 1964” means the Guardianship of Infants Act, 1964 , as amended by the Courts Act, 1981 , and the Age of Majority Act, 1985 .
Amendment of section 25 of Intoxicating Liquor Act, 1927.
6.—
Section 25
of the Intoxicating Liquor Act, 1927 , is hereby amended— (a) by the insertion in subsection (1) before “Whenever” of “Subject to the provisions of subsection (1A) of this section”, and (b) by the insertion after subsection (1) of the following subsection: “(1A) In the case of a conviction for any offence relating to prohibited hours, the provisions of subsection (1) of this section shall apply only if the Court in its discretion so thinks proper”, and the said subsection (1), as so amended, is set out in the Table to this section.
TABLE
Amendment of section 27 of Intoxicating Liquor Act, 1927.
7.— The Intoxicating Liquor Act, 1927 , is hereby amended by the substitution of the following section for section 27 : “27.—(1) Whenever the holder of any licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies, an appeal shall lie from such conviction to the Judge of the Circuit Court within whose circuit the District or any part of the District of such Justice is situate, and the decision of such Judge shall be final and not appealable.
Amendement of Criminal Procedure Act 1967.
8.—(1) Where under
Part II
of the Criminal Procedure Act, 1967 , a preliminary examination of an indictable offence is being conducted by a particular justice of the District Court and, owing to the illness of that justice or for any other reason, is continued by another justice, a deposition or statement taken or signed by the former may for the purposes of that Act be treated by the latter as if it had been taken or signed by him.
Miscellaneous amendments and repeals.
9.—Each provision mentioned in column (2) of the First Schedule to this Act opposite the mention in column (1) of that Schedule of an enactment is hereby amended in the manner stated in column (3) of that Schedule, and each enactment mentioned in column (2) of the Second Schedule to this Act is hereby repealed to the extent mentioned in column (3) of that Schedule.
Short title, construction, collective citation and commencement.
10.—(1) This Act may be cited as the Courts (No. 2) Act, 1986.
(4)
Section 9
of this Act and the First Schedule to this Act, insofar as they relate to the Registration of Clubs Acts, 1904 to 1981, shall be construed together with those Acts and may be cited together with them as the Registration of Clubs Acts, 1904 to 1986.
FIRST SCHEDULE Miscellaneous Amendments
Section 9
.
Enactment Provision Nature of Amendment
(1)
(2)
Section 2
The deletion of— (a) “, twenty-one days at least before the first day of the then next general sessions of the peace to be held for the district within which the house for which such person shall desire to be licensed shall be situate,” and (b) “, ten days at the least previous to such quarter sessions of the peace,”.
Licensing (Ireland) Act, 1855
Section 1
The substitution for “If any person shall apply for and be refused the certificate in the said Act mentioned, to entitle such person” of “If objection be raised to an application”.
The substitution for “such application” of “the certificate required before the licence can be renewed by an officer of the Revenue Commissioners”.
Beerhouses (Ireland) Act, 1864
Section 3
The deletion of— (a) “or to grant a renewal of any such licence as aforesaid to any person applying for such renewal,” (b) “or the renewal of a licence for the same house as shall have been licensed in the year last immediately preceding and which licence shall not have been withdrawn or annulled,” and (c) “applying for such renewal, or of the person”.
Licensing Act, 1872
Section 82
The deletion of— (a) “or to grant to any spirit grocer upon the expiration of his excise license a renewal of such excise license,” and (b) “, or, in the case of a renewal, during the past year”.
Licensing Act (Ireland), 1874
Section 8
The deletion of— (a) “renewal or” where those words first occur, and (b) “, renewal,” where that word occurs for the second time.
Section 9
The deletion of “and of renewals of excise licenses”.
Section 10
The substitution for section 10 of the following section: “10. Every person intending to apply for a new licence or for the transfer of a licence shall, at least 21 days before the intended application is to be heard, cause to be inserted or advertised in a newspaper circulating in the place in which the premises concerned are situate, a notice duly complying with the requirements of section 2 of the Licensing (Ireland) Act, 1833 .”.
Section 14
The deletion of “not later than seven days before the holding of such session”.
Section 14
The deletion of “The justices may, notwithstanding that no notice of objection has been served, if objection is made in court, adjourn the signing of the certificate to a future day, and require the attendance of the applicant.”.
Beer Licences Regulation (Ireland) Act, 1877
Section 2
The deletion of “, or to a grant renewal of any such licence as aforesaid”.
Registration of Clubs (Ireland) Act, 1904
Section 3 (3)
The substitution for the third sentence of the following sentence: “Such certificate so issued shall, subject to the provisions of this Act, remain in force until the annual licensing district court (within the meaning of the Intoxicating Liquor Act, 1927 ) held next after the grant of such certificate, and shall then expire.”.
Enforcement of Court Orders Act, 1926
Section 16
Section 17
The deletion of “in accordance with an examination order”.
Intoxicating Liquor Act, 1927
Section 8
In subsection (3), the deletion of “or renewal” and the insertion after “such certificate” of “and in every such six day licence renewed thereafter”.
Section 9
In subsection (3), the deletion of “or renewal” and the insertion after “such certificate” of “and in every such early closing licence renewed thereafeter”.
Intoxicating Liquor Act, 1927
Section 62
(a) In subsection (1), the deletion of “a certificate for” where those words first occur. (b) In subsection (2), the deletion of “a certificate for”. (c) In subsection (5), the deletion of “a certificate for”.
Intoxicating Liquor Act, 1960
Section 32
Intoxicating Liquor Act, 1962
Section 25
The substitution for section 25 of the following section: “In an application to the District Court under section 10 , 16 or 17 of this Act in relation to any Court area a certificate purporting to be signed by the District Court Clerk for that area and to certify that a list contained in it is a list of all the holders in respect of premises in that area, or the part thereof to which the application relates (as the case may be), of licences in force at the time when the list is given in evidence shall, without proof of the signature of the person purporting to sign the certificate or that he was the District Court Clerk for that area, be evidence, until the contrary is proved, of the matters certified in and by the certificate.”.
Fire Services Act, 1981
Section 24
The insertion of the following subsection: “(2) In any case where a certificate is not required for the renewal of a licence (other than an off-licence) under the Licensing Acts, 1833 to 1986, the applicant for such renewal shall give one month's notice in writing (or such shorter period of notice as the fire authority may in the special circumstances of the case agree to accept) of the application to the fire authority in the functional area of which the premises are situated, and if the fire authority object to such application, such fire authority may appear, be heard and adduce evidence in respect of the application for a certificate provided for by section 4
SECOND SCHEDULE Enactments Repealed
Section 9
.
Chapter & Session or Number & Year Short title Extent of Repeal
(1)
(2)
Petty Sessions (Ireland) Act, 1851 .
Paragraphs 2 to 4 of section 22, in so far as they apply to criminal proceedings.
Paragraph 9 of section 22.
17 & 18 Vic. c. 89.
Spirits (Ireland) Act, 1854 .
Section 11.
36 & 37 Vic. c. 82.
Small Penalties (Ireland) Act, 1873.
The whole Act.
No. 15 of 1952.
Tourist Traffic Act, 1952 .
Section 50
.
No. 18 of 1960.
Intoxicating Liquor Act, 1960 .
Section 20
.
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