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Courts (No. 2) Act, 1988

In short

This law allows for warrants to be issued retroactively for District Court justices, extending their retirement age, and validates actions taken by these justices during periods when such warrants were missing due to error or oversight.

What it regulates

  • The retrospective issuance of warrants for District Court justices.
  • The validation of actions performed by justices during periods when their retirement age extension warrants were not in place.
  • The conditions under which such retrospective warrants can be made.
  • The short title and collective citation of this Act with other Courts Acts.

Who it concerns

  • Justices of the District Court who continued to serve past certain ages (65, 66, 67, 68, or 69) without a valid warrant extending their service.
  • The Committee established by section 2 of the Courts of Justice (District Court) Act, 1949, and the Minister for Justice.

Key points

  • A warrant can be made retrospectively if a justice continued to serve past the age of 65, 66, 67, 68, or 69, but before reaching 70, without a warrant.
  • This retrospective warrant can only be issued if the omission was due to error or oversight and the justice was fit for duty.
  • Actions taken by the justice during the period covered by the retrospective warrant are considered valid as if the warrant had been issued on time.
  • The remuneration and conditions of service for the justice during that period are also deemed valid.
Legal text
Legal text

Courts (No. 2) Act, 1988 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.

  1. 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.
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  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1988 Courts (No. 2) Act, 1988 Courts (No. 2) Act, 1988 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 34 of 1988 COURTS (NO. 2) ACT, 1988 ARRANGEMENT OF SECTIONS Section 1. Power, in certain circumstances, to make warrants retrospectively under section 2 of Act. 2. Short title and collective citation. Acts Referred to Courts of Justice (District Court) Act, 1949 1949, No. 8 Courts (Supplemental Provisions) Acts, 1961 to 1988 Number 34 of 1988 COURTS (NO. 2) ACT, 1988 AN ACT TO ENABLE WARRANTS UNDER THE COURTS OF JUSTICE (DISTRICT COURT) ACT, 1949 , EXTENDING THE AGE OF RETIREMENT OF CERTAIN JUSTICES OF THE DISTRICT COURT TO BE MADE RETROSPECTIVELY IN CERTAIN CIRCUMSTANCES AND TO PROVIDE FOR CERTAIN VALIDATIONS. [20th December, 1988] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Power, in certain circumstances, to make warrants retrospectively under section 2 of Act. 1.—

(1)Where— (
  1. a)a person held office as a justice of the District Court immediately before he reached the age of 65, 66, 67, 68 or 69 years, (
  2. b)the person purported to hold office as such a justice during any period commencing on the day on which he reached the age of 65, 66, 67, 68 or 69 years and ending at any time before the day on which he reaches or reached the age of 70 years, (
  3. c)no warrant was made under section 2 of the Act in respect of the year or any of the years of which the period consists or in which it is included, (
  4. d)the Committee are satisfied that the omission to make a warrant or warrants under the said section 2 in respect of the year or years of which the period consists or in which it is included is attributable to error or oversight, and (
  5. e)the Committee are satisfied that the person was not, when the warrant or warrants aforesaid fell to be made, suffering from any disability which rendered him unfit to continue to discharge efficiently the duties of the office of justice of the District Court, the Committee may, if they so think proper after consultation with the Minister, make a warrant or warrants under the said section 2 in relation to the person for the year or years of which the period consists or in which it is included.
(2)Where a warrant (referred to subsequently in this Act as “the specified warrant”) is made under section 2 of the Act by virtue of subsection
(1)of this section— (
  1. a)everything (including the satisfying of any condition precedent to the exercise or performance of a power, function or duty) done, or purporting to have been done, by, to or on behalf or in respect of the person to whom the specified warrant relates or any other person during the year to which it relates shall be, and be deemed always to have been, as valid and effectual as if a warrant had been duly made before the commencement of that year under the said section 2 in respect of the person for that year, and (
  2. b)the remuneration and other conditions of service of the person during the year to which the specified warrant relates shall be, and be deemed always to have been, as if a warrant had been duly made before the commencement of that year under the said section 2 in respect of the person for that year.
(3)If, because of any validation expressed to be effected by subsection
(2)of this section, that subsection would, but for this subsection, conflict with a constitutional right of any person, the validation shall be subject to such limitation as is necessary to secure that it does not so conflict but shall be otherwise of full force and effect.
(4)In this section— “the Act” means the Courts of Justice (District Court) Act, 1949 ; “the Committee” means the committee established by section 2 of the Act; “the Minister” means the Minister for Justice; “warrant” means a warrant under section 2 of the Act. Short title and collective citation. 2.—
(1)This Act may be cited as the Courts (No. 2) Act, 1988.
(2)The collective citation “the Courts (Supplemental Provisions) Acts, 1961 to 1988” shall include this Act and the said Courts (Supplemental Provisions) Acts, 1961 to 1988, shall be construed together as one. 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

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.