In short
This law amends previous Courts of Justice Acts, specifically those related to the District Court, by changing rules about the retirement age and the maximum number of Justices.
What it regulates
- The ability to extend the retirement age for certain District Court Justices.
- The maximum number of Justices allowed in the District Court.
- Repeals specific sections of older Courts of Justice Acts.
Who it concerns
- Justices of the District Court.
- A committee consisting of the Chief Justice, the President of the High Court, and the Attorney General.
- The Minister for Justice.
Key points
- A Justice of the District Court, whose retirement age is sixty-five years, may have their service extended for one year at a time.
- Extensions can be granted annually up to the age of sixty-nine years, provided the Justice is fit to continue.
- The decision to extend service is made by a committee (Chief Justice, President of the High Court, Attorney General) after consulting with the Minister for Justice.
- The maximum number of Justices at any time shall not exceed forty-two.
đ Legal text
Courts of Justice (District Court) Act, 1949
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Courts of Justice (District Court) Act, 1949
Courts of Justice (District Court) Act, 1949
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Number 8 of 1949.
COURTS OF JUSTICE (DISTRICT COURT) ACT, 1949.
ARRANGEMENT OF SECTIONS
Section
1.
The Act of 1946.
2.
Power to extend retiring age of certain Justices.
3.
Maximum number of Justices.
4.
Repeals.
5.
Short title and collective citation.
SCHEDULE
Act Referred to
Courts of Justice (District Court) Act, 1946
No. 21 of 1946
Number 8 of 1949.
COURTS OF JUSTICE (DISTRICT COURT) ACT, 1949.
AN ACT TO AMEND CERTAIN PROVISIONS, RELATING TO THE DISTRICT COURT, OF THE COURTS OF JUSTICE ACTS, 1924 TO 1947. [18th May, 1949.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:â
The Act of 1946.
1.âIn this Act the expression âthe Act of 1946â means the
Courts of Justice (District Court) Act, 1946
(No. 21 of 1946).
Power to extend retiring age of certain Justices.
2.â(1) (a) In this section the expression âthe Committeeâ means a committee consisting ofâ
(i) the Chief Justice,
(ii) the President of the High Court, and
(iii) the Attorney General.
(b) The Committee may act by a majority of its members and a warrant under this section shall be sufficiently authenticated if signed by two members of the Committee.
(2) Whereâ
(a) a Justice of the District Court, whose age of retirement under section 15 of the Act of 1946 is sixty-five years, is about to reach that age, and
(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to continue to discharge efficiently the duties of his office,
the Committee may, if they so think proper after consultation with the Minister for Justice, by warrant made before such Justice attains the said age, continue him in office for one year commencing on the date on which he will attain the said age.
(3) Whereâ
(a) a Justice of the District Court to whom a warrant under subsection (2) of this section or under this subsection relates is about to reach the age of (as the case may be) sixty-six, sixty-seven, sixty-eight or sixty-nine years, and
(b) he satisfies the Committee that he is not suffering from any disability which would render him unfit to continue to discharge efficiently the duties of his office,
the Committee may, if they so think proper after consultation with the Minister for Justice, by warrant made before such Justice attains the said age, continue him in office for one year commencing on the date on which he will attain the said age.
(4) The provisions of this section shall have effect notwithstanding anything contained in section 15 of the Act of 1946.
Maximum number of Justices.
3.âIn the Act of 1946, the following section shall be substituted for section 16â
16. âThe number of Justices at any time shall not exceed forty-two.â
Repeals.
4.âThe enactments specified in column (2) of the
Schedule
to this Act are hereby repealed to the extent specified in column (3) of the said Schedule.
Short title and collective citation.
5.â(1) This Act may be cited as the Courts of Justice (District Court) Act, 1949.
(2) The Courts of Justice Acts, 1924 to 1947, and this Act may be cited together as the Courts of Justice Acts, 1924 to 1949.
SCHEDULE.
Enactments Repealed.
Section 4
.
Number and Year
Short title
Extent of Repeal
(1)
(2)
(3)
No. 48 of 1936.
Courts of Justice Act, 1936.
Section 47
.
No. 21 of 1946.
Courts of Justice (District Court) Act, 1946
.
Section 16
.
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