S.I. No. 376/2010 - District Court Districts and Areas (Amendment) and Variation of Days and Hours (Ballinrobe, Castlebar, Cobh, Midleton, Kanturk, Mallow, Mitchelstown and Fermoy) Order, 2010.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th July, 2010.

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) and Variation of Days and Hours (Ballinrobe, Castlebar, Cobh, Midleton, Kanturk, Mallow, Mitchelstown and Fermoy) Order, 2010.

(b) This Order shall come into operation on 1st September, 2010.

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 172 of the matter in columns (2), (3), (4) and (5)

and

(b) the substitution at reference number 177 for the matter in columns (4) and (5) of the following:

“Castlebar—First and Third Wednesday and Fourth Friday in each month. Fourth Thursday in January, March, May, July, September and November. All sittings at 10.30 a.m.

The area comprising the Electoral Divisions of Balla, Ballinafad, Ballinchalla, Ballinrobe, Ballyhean, Ballyovey, Bellavary, Breaghwy, Burren, Burriscarra, Cappaghduff, Castlebar Rural, Castlebar Urban, Clogher (Castlebar), Cloonkeen, Croaghmoyle, Cong, Dalgan, Hollymount, Houndswood, Islandeady, Kilcommon, Killavally, Kilmaine, Manulla, Neale, Newbrook, Owenbrin, Pontoon, Portroyal, Rosslee, Shrule, Strade, Tawnynagry and Turlough in the county of Mayo.”

and

(d) the substitution at reference number 47 for the matter in columns (4) and (5) of the following:

“ Midleton—Third Wednesday in each month. First, Second, Third and Fourth Thursday in each month. All sittings at 10.30 a.m.

The area comprising the Electoral Divisions of Ballintemple, Ballycottin, Ballyspillane, Carrigtohill, Castlemartyr, Clonmult, Cloyne, Cobh Rural, Cobh Urban, Corkbeg, Dangan, Dungourney, Garryvoe, Ightermurragh, Inch, Killeagh (Youghal), Lisgoold, Midleton Rural, Midleton Urban, Mogeely, Rostellan, Templebodan and Templenacarriga in the county of Cork.”

and

(e) The deletion at reference 43 of the matter in columns (2), (3), (4) and (5)

and

(f) the substitution at reference number 46 for the matter in columns (4) and (5) of the following:

“ Mallow—First, Second, Third and Fourth Tuesday in each month. First and Second Wednesday in each month. All sittings at 10.30 a.m.

The area comprising the Electoral Divisions of Allow, Ballyclogh, Ballyhoolahan, Ballynamona, Banteer, Barleyhill, Barnacurra, Bawncross, Boherboy, Buttevant, Caherbarnagh, Caherduggan, Carrig (Mallow), Castlecor, Castlemagner, Churchtown, Clonfert East, Clonfert West, Clonmeen, Coolclogh, Coomlogane, Crinnaloo, Cullen (Millstreet), Derragh, Doneraile, Doonasleen, Drishane, Dromore, Glenlara, Gortmore, Greenane, Imphrick, Kanturk, Keale, Kilbrin, Kilcorney, Kilmaclenine, Kilmeen, Kilshannig, Knockantota, Knockatooan, Knocknagree, Knocktemple, Liscarrol, Mallow Rural, Mallow North Urban, Mallow South Urban, Meens, Nad, Newmarket, Rahan, Rathcool, Roskeen, Rosnalee, Rowls, Skagh, Skahanagh, Streamhill, Templemary, Tincoora and Williamstown in the county of Cork.”

and

(g) The deletion at reference 49 of the matter in columns (2), (3), (4) and (5)

and

(h) the substitution at reference number 41 for the matter in columns (4) and (5) of the following:

“ Fermoy—Fourth Wednesday in each month. First, Second, Third and Fourth Friday in each month. All sittings at 10.30 a.m.

The area comprising— (a) the Electoral Divisions of Aghern, Ballyarthur, Ballyhooly, Ballynoe, Castlecooke, Castle Hyde, Castlelyons, Castletownroche, Coole, Clenor, Curraglass, Derryvillane, Farahy, Fermoy Rural, Fermoy Urban, Glanworth East, Glanworth West, Gortnaskehy, Gortroe, Kilcor, Kilcummer, Kilcronat, Kildinan, Kildorrery, Kilgullane, Killathy, Kilphelan, Kilworth, Knockmourne, Leitrim, Marshalstown, Mitchelstown, Monanimy, Rathcormac, Shanballymore, Templemolaga and Wallstown in the county of Cork, and

(b) the Electoral Divisions of Angelsborough, Cullane, Kilbeheny, Kilglass and Knocknascrow in the county of Limerick”.

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

(a) The deletion at reference 149 of the matter in columns (2), (3), (4) and (5)

and

(b) the substitution at reference number 153 for the matter in columns (4) and (5) of the following:

“Castlebar—First and Third Wednesday and Fourth Friday in each month. Fourth Thursday in January, March, May, July, September and November. All sittings at 10.30 a.m.

and

(d) the substitution at reference number 42 for the matter in columns (4) and (5) of the following:

“ Midleton—Third Wednesday in each month. First, Second, Third and Fourth Thursday in each month. All sittings at 10.30 a.m.

and

(e) The deletion at reference 38 of the matter in columns (2), (3), (4) and (5)

and

(f) the substitution at reference number 41 for the matter in columns (4) and (5) of the following:

“ Mallow—First, Second, Third and Fourth Tuesday in each month. First and Second Wednesday in each month. All sittings at 10.30 a.m.

and

(g) The deletion at reference 44 of the matter in columns (2), (3), (4) and (5)

and

(h) the substitution at reference number 36 for the matter in columns (4) and (5) of the following:

“ Fermoy—Fourth Wednesday in each month. First, Second, Third and Fourth Friday in each month. All sittings at 10.30 a.m.

4. Business transacted in the District Court that is initiated and 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 had been initiated.

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GIVEN under the seal of the Courts Service,

28 July 2010.

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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28 July 2010.

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 .

EXPLANATORY NOTE

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

This order provides for:

(a) the amalgamation of the Electoral Divisions of the District Court Area of Ballinrobe into the District Court Area of Castlebar,

(b) the amalgamation of the Electoral Divisions of the District Court Area of Cobh into the District Court Area of Midleton,

(c) the amalgamation of the Electoral Divisions of the District Court Area of Kanturk into the District Court Area of Mallow,

(d) the amalgamation of the Electoral Divisions of the District Court Area of Mitchelstown into the District Court Area of Fermoy, and

(e) the variation of sittings in Castlebar, Midleton, Mallow and Fermoy.