S.I. No. 353/1985 - District Court Districts and Areas (Amendment) and Variation of Days and Hours Order, 1985.

S.I. No. 353 of 1985.

DISTRICT COURT DISTRICTS AND AREAS (AMENDMENT) AND VARIATION OF DAYS AND HOURS ORDER, 1985.

I, MICHAEL NOONAN, Minister for Justice, in exercise of the powers conferred on me by section 26 (1) of the Courts of Justice Act, 1953 (No. 32 of 1953), and after consultation with the President of the District Court, hereby order as follows:

1. (1) This Order may be cited as the District Court districts and Areas (Amendment) and Variation of Days and Hours Order, 1985.

(2) This Order shall come into operation on the 1st day of January, 1986.

2. In this Order—

"the Principal Order" means the District Court (Areas) Order, 1961 ( S.I. No. 5 of 1961 );

"the Order of 1961" means the District Court (Districts) Order, 1961 ( S.I. No. 6 of 1961 );

"the Order of 1973" means the District Court Areas (Variation of Days and Hours) (No. 4) Order, 1973 ( S.I. No. 288 of 1973 );

"the Order of 1978" means the District Court Districts and Areas (Amendment) and Variation of Days Order, 1978 ( S.I. No. 199 of 1978 );

"the Order of 1979" means the District Court Areas (Variation of Days and Hours) (No. 5) Order, 1979 ( S.I. No. 249 of 1979 );

"the Order of 1982" means the District Court Areas (Variation of Days and Hours) (No. 4) Order, 1982 ( S.I. No. 289 of 1982 ).

3. The days and hours (as amended by the Order of 1978) for holding the District Court in the district court area of Corofin shall, in lieu of the days and hours specified in column (4) at reference number 15 in the First Schedule to the Principal Order, be the third Wednesday in February and June at 11 a.m. and the third Wednesday in September at 2.30 p.m.

4. The days for holding the District Court in the district court area of Ennis shall, in lieu of the days specified in column (4) at reference number 15 in the Second Schedule to the Principal Order, be the third Tuesday in each month.

5. The days for holding the District Court in the district court area of Ennistymon shall, in lieu of the days specified in column (4) at reference number 17 in the First Schedule, and in column (4) at reference number 16 in the Second Schedule, to the Principal Order, be the first Wednesday in January, March, April, May, June, July, September and November.

6. The days and hours for holding the District Court in the district court area of Kildysart shall, in lieu of the days and hours specified in column (4) at reference number 18 in the First Schedule to the Principal Order, be the first Tuesday in February, June and September at 11 a.m.

7. The hours for holding the District Court in the district court area of Kilkee shall, in lieu of the hours specified in column (4) at reference number 19 in the First Schedule, and in column (4) at reference number 17 in the Second Schedule, to the Principal Order, be 11 a.m.

8. The hours for holding the District Court in the district court area of Killaloe shall, in lieu of the hours specified in column (4) at reference number 20 in the First Schedule, and in column (4) at reference number 18 in the Second Schedule. to the Principal Order (as amended by the Order of 1978), be 11 a.m.

9. The days and hours for holding the District Court in the district court area of Kilrush shall, in lieu of the days and hours specified in column (4) at reference number 21 in the First Schedule and in column (4) at reference number 19 in the Second Schedule, to the Principal Order, be the fourth Wednesday in each month and the second Monday in February, June and December at 11 a.m.

10. The days for holding the District Court in the district court area of Lisdoonvarna shall, in lieu of the days specified in column (4) at reference number 22 in the First Schedule to the Principal Order, be the third Wednesday in January, March, May, July, September and November.

11. The days for holding the District Court in the district court area of Miltown Malbay shall, in lieu of the days specified in column (4) at reference number 23 in the First Schedule to the Principal Order, be the second Wednesday in January, March, May, July, September and November.

12. The days for holding the District Court in the district court area of Shannon shall, in lieu of the days specified in column (4) at reference number 23A (inserted by the Order of 1978) in the First Schedule and in column (4) at reference number 19A (as so inserted) in the Second Schedule, to the Principal Order, be the second Thursday in each month and the third Thursday in January, March, May, July and November.

13. The days (as amended by the Order of 1978) for holding the District Court in the district court area of Sixmilebridge shall, in lieu of the days specified in column (4) at reference number 24 in the First Schedule and in column (4) at reference number 20 in the Second Schedule, to the Principal Order, be the fourth Thursday in each month.

14. The First Schedule to the Principal Order (as amended by the District Court Areas (Alteration of Place) Order, 1965 ( S.I. No. 134 of 1965 )) is hereby amended by the substitution at reference number 25 in columns (3) and (4), respectively, of the following:

15. The days for holding the District Court in the district court area of Tulla shall, in lieu of the days specified in column (4) at reference number 26 in the First Schedule and in column (4) at reference number 21 in the Second Schedule (as amended by the Order of 1978), to the Principal Order, be the first Thursday in January, March, May, July, September and December.

16. The days and hours (as amended by the Order of 1982) for holding the District court in the district court area of Athenry shall, in lieu of the days and hours specified in column (4) at reference number 80 in the First Schedule and in column (4) at reference number 70 in the Second Schedule, to the Principal Order, be the second Tuesday in each month at 11 a.m.

17. The days for holding the District Court in the district court area of Carna shall, in lieu of the days specified in column (4) at reference number 82 in the First Schedule and in column (4) at reference number 72 in the Second Schedule, to the Principal Order, be the first Tuesday in February, May, September and December.

18. The days and hours (as amended by the Order of 1982) for holding the District Court in the district court area of Derreen shall, in lieu of the days and hours specified in column (4) at reference number 84 in the First Schedule to the Principal Order, be the second Thursday in January, May and November at 11 a.m. and the second Thursday in September at 2.30 p.m.

19. The days and hours (as amended by the Order of 1979 and the Order of 1982), for holding the District Court in the district court area of Derrynea shall, in lieu of the days and hours specified in column (4) at reference number 85 in the First Schedule and in column (4) at reference number 74 in the Second Schedule, to the Principal Order, be the third Tuesday in each month at 11 a.m.

20. The District Court area of Galway is hereby varied by the deletion from the District Electoral Divisions mentioned in column (5) at reference number 77 in the Second Schedule to the Principal Order (as amended by the Order of 1973) of the District Electoral Division of "Inishmore".

21. The days for holding the District Court in the district court area of Gort shall, in lieu of the days specified in column (4) at reference number 90 in the First Schedule, and at reference number 79 in the Second Schedule, to the Principal Order, be the fourth Monday in each month and the second Wednesday in February, June and October.

22. The days and hours (as amended by the Order of 1973 and the Order of 1982), for holding the District Court in the district court area of Headford shall, in lieu of the days and hours specified in column (4) at reference number 91 in the First Schedule and at reference number 80 in the Second Schedule, to the Principal Order, be the second Thursday in February, April, June, October and December at 11 a.m. and the second Thursday in September at 10.30 a.m.

23. The Second Schedule to the Principal Order is hereby amended by the insertion after reference number 80 in column (1), (2), (3), (4) and (5), respectively, of the following:

24. The Order of 1961 is hereby amended by the insertion in column (3) in the Second Schedule at reference number 7 after "Headford" of "Kilronan".

25. The days and hours (as amended by the Order of 1973) for holding the District Court in the district court area of Kinvara shall, in lieu of the days and hours specified in column (4) at reference number 93 in the First Schedule and at reference number 81 in the Second Schedule, to the Principal Order, be the second Monday in January, March, May, September and November at 11 a.m.

26. The days (as amended by the Order of 1973 and the Order of 1982) for holding the District Court in the district court area of Letterfrack shall, in lieu of the days specified in column (4) at reference number 94 in the First Schedule to the Principal Order, be the fourth Friday in March, July, September and December.

27. The days and hours (as amended by the Order of 1973, the Order of 1979 and the Order of 1982) for holding the District Court in the district court area of Maam shall, in lieu of the days and hours specified in column (4) at reference number 96 in the First Schedule and in column (4) at reference number 84 in the Second Schedule, to the Principal Order, be the fourth Tuesday in January, May, September and November at 11 a.m.

28. The days and hours (as amended by the Order of 1982) for holding the District Court in the district court area of Oughterard shall, in lieu of the days and hours specified in column (4) at reference number 98 in the First Schedule and in column (4) at reference number 86 in the Second Schedule, to the Principal Order, be the second Tuesday in January, April, July, September and November at 11 a.m.

29. The days and hours (as amended by the Order of 1973 and the Order of 1982) for holding the District Court in the district court area of Spiddal shall, in lieu of the days and hours specified in column (4) at reference number 100 in the First Schedule and in column (4) at reference number 88 in the Second Schedule, to the Principal Order, be the second Friday in each month at 11 a.m.

30. The Principal Order (as amended by the Order of 1973 and the Order of 1979) is hereby amended by the deletion of the matter at reference number 82 in columns (1), (2), (3), (4) and (5), respectively, in the Second Schedule thereto.

31. The hours for holding the District Court in the district court area of Galway shall, in lieu of the hours specified in column (4) at reference number 88 in the First Schedule (as amended by the Order of 1973, the District Court Area (Variation of Days and Hours) (No. 2) Order, 1979 ( S.I. No. 133 of 1979 ), and the Order of 1982) and in column (4) at reference number 77 in the Second Schedule (as amended by the Order of 1973), to the Principal Order, be at 10.30 a.m.

32. The District Court Area of Clifden exercising its civil jurisdiction is hereby varied by the substitution in column (5) at reference number 73 in the Second Schedule to the Principal Order for "and Sillerna" of "Sillerna, Ballynakill (Clifden), Cleggan, Cushkillary, Inishbofin and Rinvyle".

33. The Order of 1961 is hereby amended by—

( a ) the deletion in column (3) at reference number 7 in the First Schedule thereto of "Athenry" and "Kinvara,

( b ) the substitution in column (3) at reference number 12 in the First Schedule thereto for "Tuamgraney and Tulla" of "Scarriff, Tulla, Athenry and Kinvara",

( c ) the deletion in column (3) at reference number 7 in the Second Schedule thereto of "Athenry", "Letterfrack" and "Kinvara", and

( d ) by the insertion in column (3) at reference number 12 in the Second Schedule thereto after "Sixmilebridge" of "Athenry" and "Kinvara".

34. The Schedule to the District Court Areas (Amendment) Order, 1970 ( S.I. No. 161 of 1970 ), is hereby amended by—

( a ) the deletion in column (4) at reference number 7 of "Athenry" and "Kinvara" and "80" and "93",

and

( b ) the substitution in column (4) at reference number 12 for "Tuamgraney and Tulla" and "25 and 26" of "Scarriff, Tulla, Athenry and Kinvara" and "25, 26, 80, and 93", respectively.

35. Business transacted in the District Court which is initiated and is not completed before the commencement of this Order shall be continued and completed as if this Order had been in force at the time at which such business was initiated.

GIVEN under my Official Seal, this 31st day of October, 1985.

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

This Order provides for (a) the transfer of the District Court Areas of Athenry and Kinvara from District No. 7 to District No. 12(b) a change in the name of the District Court Area of Tuamgraney to Scarriff (c) a variation in the sitting days of the District Court in Carna, Derreen, Derrynea, Headford, Letterfrack, Maam, Oughterard, Spiddal, Athenry, Corofin, Ennis, Ennistymon, Gort, Kildysart, Kilrush, Kinvara, Lisdoonvarna, Miltown Malbay, Scarriff, Shannon, Sixmilebridge and Tulla (d) the transfer of the civil business of the District Court Area of Kilronan from Galway to Kilronan and the transfer of the civil business of the District Court Area of Letterfrack from Letterfrack to Clifden and (e) a change in the times of Court sittings in Galway, Killatoe and Kilkee.