Court Officers Act, 1951

In short

This law amends previous Court Officers Acts, primarily concerning the administration and personnel of the courts, including the handling of fees, the status of court clerks, and the structure of probate registries.

What it regulates

The surrender of certain fees by county registrars to the Exchequer.
The granting of civil service certificates and gratuities to District Court clerks.
The appointment of deputies for District Court clerks during temporary absences or vacancies.
The classification of district probate registries as offices attached to the High Court.

Who it concerns

County registrars.
District Court clerks.
The Minister for Finance and the Minister.
The Civil Service Commissioners.

Key points

County registrars must surrender fees received under section 14 of the Enforcement of Court Orders Act, 1926, to the Exchequer, effective from September 1, 1926.
The Civil Service Commissioners may grant civil service certificates to District Court clerks, which can be backdated.
The Minister for Finance may grant a gratuity to certain District Court clerks upon discharge, not exceeding twice their last year's salary and emoluments.
The age of retirement for the sheriff of the county borough of Dublin, holding office on the date of this Act's passing, is seventy-two years.

Legal text

Court Officers Act, 1951 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.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1951 Court Officers Act, 1951 Court Officers Act, 1951 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 8 of 1951. COURT OFFICERS ACT, 1951. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Surrender by county registrar of certain fees. 3. Grant of civil service certificates to certain existing district court clerks and gratuities to certain existing district court clerks. 4. Deputies for district court clerks. 5. District probate registries. 6. Amendment of section 12 of the Act of 1945. 7. Short title, collective citation and construction. Acts Referred to Court Officers Act, 1945 No. 25 of 1945 Court Officers Act, 1926 No. 27 of 1926 Enforcement of Court Orders Act, 1926 No. 18 of 1926 Local Government (Dublin) Act, 1930 No. 27 of 1930 Local Government (Dublin) (Amendment) Act, 1940 No. 21 of 1940 Number 8 of 1951. COURT OFFICERS ACT, 1951. AN ACT TO AMEND THE COURT OFFICERS ACTS, 1926 TO 1945. [27th March, 1951.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—In this Act— the expression “the Act of 1945” means the Court Officers Act, 1945 (No. 25 of 1945); the expression “the Principal Act” means the Court Officers Act, 1926 (No. 27 of 1926). Surrender by county registrar of certain fees. 2.—

(1)Where the powers, duties, authorities, rights and obligations of an undersheriff of a county or county borough are, by virtue of section 54 of the Principal Act, transferred to a county registrar, then, notwithstanding anything contained in that section, all fees received by that county registrar under any order made under section 14 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926), shall be surrendered by him to the Exchequer.

(2)This section shall be deemed to have come into operation on, and shall have effect as on and from, the 1st day of September, 1926. Grant of civil service certificates to certain existing district court clerks and gratuities to certain existing district court clerks. 3.—

(1)This section applies to— (

a)a person who, on the date of the passing of this Act, is employed during the whole of his time as a district court clerk and in respect of whose situation as a district court clerk a certificate of qualification has not been granted before that date, (
b)a person who, on that date, is employed during part of his time as a district court clerk and who becomes employed during the whole of his time as a district court clerk.

(2)(

a)The Civil Service Commissioners may, on the recommendation of the Minister given with the concurrence of the Minister for Finance, grant to any person to whom this section applies a certificate of qualification in respect of his situation as a district court clerk. (
b)A certificate of qualification granted under paragraph (
a)of this subsection may, with the consent of the Minister for Finance, be expressed to take effect from a date prior to the date on which it is granted and, when a certificate of qualification is so expressed to take effect from a date prior to the date on which it is granted, the person to whom the certificate is granted shall be deemed to have been paid from moneys provided by the Oireachtas within the meaning of section 17 of the Superannuation Act, 1859, as from the date from which the certificate is expressed to take effect.

(3)Where a person to whom this section applies has for any reason not been granted a certificate of qualification in respect of his situation as a district court clerk under subsection

(2)of this section or otherwise before his discharge, the Minister for Finance may, out of moneys provided by the Oireachtas, grant to such person on his discharge a gratuity of such amount (not exceeding twice the amount of his salary and emoluments during the last year of his employment) as the Minister for Finance thinks proper. Deputies for district court clerks. 4.—

(1)In the event of the temporary absence or the temporary incapacity of any district court clerk or in the event of the office of district court clerk for any district court area being vacant, the Minister may, with the concurrence of the Minister for Finance, appoint a deputy to execute the office of such district court clerk during such absence, incapacity or vacancy, and any person so appointed shall hold office on such conditions as the Minister for Finance, after consultation with the Minister, may from time to time determine.

(2)A deputy appointed under this section shall, while his appointment continues, have and exercise all powers and authorities and fulfil all the duties and functions of the district court clerk whose deputy he is. District probate registries. 5.—

(1)Every district probate registry shall, for the purposes of section 9 of the Act of 1945, be deemed to be an office attached to the High Court.

(2)Subsection

(1)of this section shall be deemed to have come into operation on, and shall have effect as on and from, the 26th day of July, 1945. Amendment of section 12 of the Act of 1945. 6.—

(1)(a) In section 12 of the Act of 1945, the following subsection shall be substituted for subsection

(4)— “

(4)Where an order is made under subsection

(2)of this section in respect of the county borough of Dublin before the person holding office on the date of the passing of this Act as undersheriff of the county of Dublin ceases to hold office, the making of the order shall not affect the operation of subsection

(3)of section 23 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930), or subsection

(2)of section 9 of the Local Government (Dublin) (Amendment) Act, 1940 (No. 21 of 1940), but, in applying those provisions respectively on such person's ceasing to hold that office, the word ‘sheriff’ shall be substituted for the word ‘undersheriff’— (a) in paragraphs (a) and (b) of subsection

(3)of the said section 23, and (b) in subsection

(2)of the said section 9 where the word ‘undersheriff’ last occurs therein.” (

b)Paragraph (
a)of this subsection shall be deemed to have come into operation on, and shall have effect as on and from, the 26th day of July, 1945.

(2)Notwithstanding paragraph (b) of subsection

(6)of section 12 of the Act of 1945, the age of retirement from the office of sheriff of the person holding the office of sheriff of the county borough of Dublin on the date of the passing of this Act shall be seventy-two years. Short title, collective citation and construction. 7.—

(1)This Act may be cited as the Court Officers Act, 1951.

(2)The Court Officers Acts, 1926 to 1945, and this Act may be cited together as the Court Officers Acts, 1926 to 1951.

(3)The Court Officers Acts, 1926 to 1945, and this Act shall be construed together as one Act. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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