Civil Law (Miscellaneous Provisions) Act 2008
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Amendment of section 71 of Courts of Justice Act 1936. |
22.— Section 71 of the Courts of Justice Act 1936 is amended by substituting the following for subsections (2) to (8): | |
“(2) The District Court Rules Committee (‘the Committee’) shall consist of 4 ex-officio members and 7 nominated members. | ||
(3) The ex-officio members of the Committee shall be— | ||
(a) the President of the District Court, who shall be the chairperson of the Committee, | ||
(b) the Chief Executive Officer of the Courts Service, | ||
(c) the Attorney General, and | ||
(d) such one of the district court clerks of the Dublin Metropolitan District as the Chief Executive Officer of the Courts Service nominates. | ||
(4) The nominated members of the Committee shall be the following: | ||
(a) 4 shall be judges of the District Court nominated by the Minister for Justice, Equality and Law Reform; | ||
(b) one shall be a practising barrister nominated by the General Council of the Bar of Ireland; and | ||
(c) 2 shall be practising solicitors nominated by the Council of the Law Society of Ireland. | ||
(5) Every nominated member of the Committee shall hold office as such member until— | ||
(a) the fifth anniversary of the date of his or her nomination, or | ||
(b) he or she— | ||
(i) dies, | ||
(ii) resigns as such member, or | ||
(iii) ceases to be a judge of the District Court, a practising barrister or a practising solicitor, as the case may be, | ||
whichever is the earlier. | ||
(6) A nominated member of the Committee whose membership thereof expires pursuant to subsection (5)(a) shall be eligible for re-nomination. | ||
(7) The quorum of the Committee shall be 4 members. | ||
(8) The Committee may act notwithstanding one or more vacancies in its membership. | ||
(9) Each of the ex-officio members of the Committee specified in paragraphs (a) to (c) of subsection (3) may appoint in writing a person to act in his or her place as a member of the Committee except that the person so appointed shall be— | ||
(a) in the case of the President of the District Court, an ordinary judge of the District Court, | ||
(b) in the case of the Chief Executive Officer of the Courts Service, a member of the staff of the Courts Service, | ||
(c) in the case of the Attorney General, an officer of the Attorney General. | ||
(10) The Chief Executive of the Courts Service, in consultation with the chairperson of the Committee, shall appoint in writing a member of the staff of the Courts Service to be the secretary to the Committee. | ||
(11) A person who made an appointment under subsection (9) or (10) may revoke the appointment at any time.”. |