Court Proceedings (Delays) Act 2024
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Interpretation | ||
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2. (1) In this Act— | ||
“Act of 2015” means the Legal Services Regulation Act 2015 ; | ||
“Act of 2018” means the Data Protection Act 2018 ; | ||
“applicant”, other than in the definition of “party” and Part 5 , means a person who makes an assessment application in accordance with section 12 and, where the context so admits, includes an authorised person; | ||
“assessment” means an assessment made under section 17 ; | ||
“assessment application” shall be construed in accordance with section 12 ; | ||
“Assessor” has the meaning assigned to it by section 5 ; | ||
“authorisation” means, in relation to an applicant, an authorisation issued under section 20 ; | ||
“authorised person” has the meaning assigned to it by section 31 (4); | ||
“Chief Assessor” has the meaning assigned to it by section 5 ; | ||
“Convention” means the Convention for the Protection of Human Rights and Fundamental Freedoms done at Rome on the 4th day of November, 1950, as amended by— | ||
(a) Protocol No. 11 done at Strasbourg on the 11th day of May 1994, | ||
(b) Protocol No. 14 done at Strasbourg on the 13th day of May 2004, and | ||
(c) Protocol No. 15 done at Strasbourg on the 24th day of June 2013; | ||
“criminal proceedings” means proceedings against a person for an offence and includes any appeal proceedings related to the offence; | ||
“data controller” has the meaning it has in the General Data Protection Regulation; | ||
“declaration” means a declaration made by an Assessor under section 17 (4) or the Circuit Court under section 24 (6)(a), as the case may be, that a person’s right under section 11 (1) has or has not been breached; | ||
“document” includes— | ||
(a) a book, record or other written or printed material, | ||
(b) a photograph, | ||
(c) any information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form, and | ||
(d) any audio or video recording; | ||
“European Court of Human Rights” means the European Court of Human Rights established under Article 19 of the Convention; | ||
“General Data Protection Regulation” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 20161 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); | ||
“Minister” means the Minister for Justice; | ||
“party” means, in relation to proceedings— | ||
(a) in the case of criminal proceedings, the defendant against whom proceedings for the offence concerned were instituted, and | ||
(b) in the case of any other proceedings, the plaintiff, defendant, applicant or respondent, as the case may be, in those proceedings; | ||
“personal data” has the meaning it has in the General Data Protection Regulation; | ||
“practising barrister” has the meaning it has in section 2(1) of the Act of 2015; | ||
“practising solicitor” has the meaning it has in section 2(1) of the Act of 2015; | ||
“proceedings” includes any cause, action, suit, matter, appeal or application in or to any court, and includes criminal proceedings; | ||
“processing” has the meaning it has in the General Data Protection Regulation; | ||
“public body” means— | ||
(a) a Minister of the Government, | ||
(b) a local authority, or | ||
(c) a body (other than a company formed and registered under the Companies Act 2014 or an existing company within the meaning of that Act) established by or under any enactment; | ||
“relevant authority” means a body (other than the President or the Oireachtas or either House of the Oireachtas or a Committee of either such House or a Joint Committee of both such Houses) which is established by law or through which any of the legislative, executive or judicial powers of the State are exercised; | ||
“relevant proceedings” means, in relation to an assessment application or an application under section 24 , as the case may be, proceedings to which section 11 applies in respect of which a breach of the right under section 11 (1) is asserted; | ||
“right under section 11 (1)” means the right referred to in section 11 (1); | ||
“special categories of personal data” has the meaning it has in the Act of 2018. | ||
(2) In this Act, a reference to the conclusion of proceedings is a reference to proceedings having ended or having been ended, including where the period for appealing a decision or determination in those proceedings has expired without any such appeal having been made. | ||