S.I. No. 538/2008 - District Court Districts and Areas (Amendment) and Variation of Days and Hours (Arva and Cavan and Virginia) Order, 2008

S.I. No. 538 of 2008

DISTRICT COURT DISTRICTS AND AREAS (AMENDMENT) AND VARIATION OF DAYS AND HOURS (ARVA AND CAVAN AND VIRGINIA) ORDER, 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th December, 2008.

The Courts Service, in exercise of the powers conferred on it by section 26 of the Courts of Justice Act, 1953 (No. 32 of 1953), as amended by section 43 of the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961), section 16 of the Courts Act, 1971 (No. 36 of 1971) and section 29 of the Courts Service Act, 1998 (No. 8 of 1998) and after consultation with the President of the District Court, hereby orders as follows:

1. (a) This Order may be cited as the District Court Districts and Areas (Amendment) (Arva and Cavan and Virginia) Order, 2008.

(b) This Order shall come into operation on 1st January, 2009.

2. The First Schedule to the District Court (Areas) Order, 1961 ( S.I. No. 5 of 1961 ), is hereby amended by—

(a) The deletion at reference 5 of the matter in columns (2), (3), (4) and (5)

(b) The substitution at reference 10 for the matter in columns (4) and (5) of the following:

“Cavan:First, Second, Third and Fourth Thursday in each month. All sittings at 10.30.am.

The area comprising:the Electoral Divisions of Arvagh, Ballintemple, Ballyhaise, Bellananagh, Bruce Hall, Butler’s Bridge, Cavan Rural, Cavan Urban, Clonervy, Corr, Crossdowney, Cuttragh, Denn, Derrin, Drumcarhan, Drumlumman, Kilcogy, Kilgolagh, Kill, Killeshandra, Killykeen, Loughdawan, Moynehall, Scrabby, Springfield and Stradone in the county of Cavan.”

and

“Virginia: First Monday in each month.

Fourth Wednesday in each month.

All sittings at 10.30 a.m. ”

3. The First Schedule to the District Court (Areas) Order, 1961 ( S.I. No. 5 of 1961 ), is hereby amended by—

(a) The deletion at reference 5 of the matter in columns (2), (3), (4) and (5)

(b) The substitution at reference 10 for the matter in column (4) and (5) of the following:

“Cavan:First, Second, Third and Fourth Thursday in each month. All sittings at 10.30.am.

and

“Virginia: First Monday in each month.

Fourth Wednesday in each month.

All sittings at 10.30 a.m. ”

4. The Schedule to the District Court Areas (Amendment) Order, 1970 ( S.I. No. 161 of 1970 ), is hereby amended at reference number 2 in column (4) by the deletion of “Arva”, “5”.

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

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GIVEN under the Seal of the Courts Service,

15 December 2008

MIRIAM MALONE

Member of the Board of the Courts Service authorised to sign documents under the Seal of the Courts Service.

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MIRIAM O FLANAGAN

Officer of the Courts Service designated for the purpose of authenticating the Seal of the Courts Service, pursuant to section 10 of the Courts Service Act, 1998 .

Dated: 15 December 2008

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This order provides for—

(a) The amalgamation of the Electoral Divisions of the District Court Area of Arva into the District Court Area of Cavan.

(b) The sittings at the District Court Area at Cavan exercising its summary and civil jurisdiction to be held on the First, Second, Third and Fourth Thursday in each month. All sittings at 10.30 a.m.

(c) The sittings at the District Court Area at Virginia exercising its summary and civil jurisdiction to be held on the First Monday and Fourth Wednesday in each month at 10.30 a.m.