Court Officers Act, 1945

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Number 25 of 1945.

COURT OFFICERS ACT, 1945.

ARRANGEMENT OF SECTIONS

Number 25 of 1945.

COURT OFFICERS ACT, 1945.

AN ACT TO AMEND AND EXTEND THE COURT OFFICERS ACTS, 1926 AND 1937. [26th July, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

The Principal Act.

1.—In this Act, the expression “the Principal Act” means the Court Officers Act, 1926 (No. 27 of 1926).

Relieving of Master of the High Court of management of Central Office.

2.—(1) The Minister, after consultation with the President of the High Court, may by order relieve the Master of the High Court of the management of the Central Office.

(2) On and after the commencement of an order under this section—

(a) the Central Office shall, notwithstanding subsection (1) of section 4 of the Principal Act, be under the management of such officer serving in the Central Office as the Minister, after consultation with the President of the High Court, may from time to time nominate in that behalf,

(b) each of the references in subsection (2) of section 4 of the Principal Act to the Master of the High Court shall be construed as a reference to the officer for the time being managing the Central Office.

Relieving of Master of the High Court of general superintendence and control of High Court Offices.

3.—(1) The Minister, after consultation with the President of the High Court, may by order relieve the Master of the High Court of the general superintendence and control of such of the offices established by Part I of the Principal Act as are attached to the High Court.

(2) On and after the commencement of an order under this section and notwithstanding section 5 of the Principal Act, such officer, being a principal officer attached to the High Court or an officer serving in the Central Office, as the Minister, after consultation with the President of the High Court, may from time to time nominate in that behalf shall have the general superintendence and control of such of the offices established by Part I of the Principal Act as are attached to the High Court, but shall in the exercise of such superintendence and control be subject to the general direction of the Minister in regard to all matters of general administration and to the directions of the President of the High Court in regard to all matters relating to the conduct of that part of the business of the High Court which is for the time being required by law to be transacted by or before one or more of the Judges of that Court.

Pension of Master of the High Court, Taxing Master or County Registrar.

4.—(1) Where—

(a) a person who holds the office of Master of the High Court, Taxing Master or County Registrar ceases to hold that office (otherwise than on being removed from that office by the Government on the ground of misconduct or inefficiency) either after attaining the age of sixty years or upon medical certificate that he is incapable, from infirmity of mind or body, of discharging the duties of that office and that the infirmity is likely to be permanent, and

(b) he has completed ten or more years of continuous service in one or more of the said offices,

he shall, subject to the provisions of this section, be eligible for a pension consisting of—

(i) if he has completed thirty or more years of such service, two-thirds of the annual remuneration in respect of the office which he ceases to hold, or

(ii) if he has not completed thirty years of such service, one-sixth of the annual remuneration in respect of the office which he ceases to hold together with one-fortieth of that remuneration for each (if any) completed year of such service in excess of ten.

(2) Where a person in receipt of a pension under this section is employed in a situation remunerated out of moneys provided by the Oireachtas, then

(a) the pension shall not be payable in respect of any period during which his remuneration in respect of such situation is equal to or greater than the remuneration by reference to which the pension was computed, and

(b) so much only of the pension shall be payable in respect of any period during which his remuneration in respect of such situation is less than the remuneration by reference to which the pension was computed as with his remuneration in respect of such situation will amount to the remuneration by reference to which the pension was computed.

(3) The part of a pension under this section that is computed by reference to so much of the remuneration of the officer in question as consists of bonus related to a cost-of-living figure shall be liable to variation in like manner as if it were the part of the pension granted under the Superannuation Acts for the time being in force to a civil servant that is computed by reference to so much of the remuneration of such civil servant as consists of bonus related to a cost-of-living figure.

(4) A reference in this section to service of any person shall be construed as a reference to service of such person in respect of which he was remunerated, exclusive of any period during which he was absent on account of illness and was remunerated at a rate determined by reference to the rate which would be appropriate if he were on pension.

(5) Pensions under this section may be granted by the Minister for Finance.

(6) Subsection (5) of section 3 and subsection (5) of section 35 of the Principal Act are hereby repealed.

Special provision for person who, at the passing of this Act, holds the office of Master of the High Court, Taxing Master or County Registrar.

5.—(1) Notwithstanding the terms of section 4 of this Act, that section shall not apply in relation to a person who, at the passing of this Act, holds the office of Master of the High Court, Taxing Master or County Registrar unless and until he elects under this section to accept the provisions of the said section 4 .

(2) A person who, at the passing of this Act, holds the office of Master of the High Court, Taxing Master or County Registrar may, by notice in writing sent to the Minister at any time before he ceases to hold that office, elect to accept the provisions of section 4 of this Act.

(3) Where a person elects under this section, to accept the provisions of section 4 of this Act and, immediately before such election, he enjoyed a right to compensation, being a right referable to an office abolished by section 63 of the Principal Act—

(a) such election shall be deemed to constitute a waiver by him of such right, and

(b) paragraphs (c) and (f) of subsection-(5) of section 63 of the Principal Act shall not apply in relation to him.

(4) In any application of section 4 of this Act to a person who, at the passing of this Act, holds the office of Master of the High Court or County Registrar, any service by such person in an office attached at the passing of the Principal Act to any court shall be reckonable as if it were service in the office of Master of the High Court or County Registrar (as may be appropriate).

(5) Where a person who, at the passing of this Act, holds the office of County Registrar ceases to hold that office and has not elected under this section to accept the provisions of section 4 of this Act, any service by such person in an office abolished by section 63 of the Principal Act shall, in applying subsection (5) of section 35 of the Principal Act to him, be reckonable as service in the office of County Registrar.

Appointment of Probate Officer or Examiner.

6.—(1) An appointment under the Principal Act of a person to be a Probate Officer or an Examiner shall be made as follows:—

(a) the Minister, after consultation with the President of the High Court, may appoint a person who at the time of the appointment is employed in an office established under Part I of the Principal Act and who either—

(i) is a barrister or solicitor, or

(ii) has, during the whole of the twelve years next preceding the appointment, been employed in an office or offices established under Part I of the Principal Act,

(b) if the Minister, after consultation with the President of the High Court, is satisfied that none of the persons qualified to be appointed under paragraph (a) of this subsection is suitable to be appointed, he may appoint—

(i) a person who at the time of the appointment is a barrister of not less than six years' standing who either is then actually practising or has previously practised for not less than six years, or

(ii) a person who at the time of the appointment is a solicitor of not less than six years' standing who either is then actually practising or has previously practised for not less than six years.

(2) In determining for the purposes of paragraph (b) of subsection (1) of this section the period during which a person has practised as a barrister or solicitor, any period during which he served in a situation in the Civil Service for which previous practice as a barrister or solicitor was specified (whether by statute or otherwise) as an essential qualification shall be regarded as a period of such practice.

(3) Sections 23 and 24 of the Principal Act are hereby repealed.

Number of Examiners attached to the High Court.

7.—(1) If at any time while there is only one Examiner attached to the High Court in pursuance of the Principal Act, the Minister, after consultation with the President of the High Court, is of opinion that it is expedient in the public interest that there should be two Examiners so attached to the High Court, the Minister, with the consent of the Minister for Finance, may by order direct that there shall, unless or until otherwise ordered under this section, be two Examiners attached to the High Court.

(2) Whenever and so long as an order made by the Minister under subsection (1) of this section is in force, there shall be two Examiners attached to the High Court.

(3) If, at any time while there are two Examiners attached to the High Court by virtue of an order under subsection (1) of this section, the office of one of those Examiners becomes vacant and the Minister, after consultation with the President of the High Court, is of opinion that two such Examiners are no longer required, the Minister, with the consent of the Minister for Finance, may by order revoke the said order.

(4) Whenever an order under subsection (1) of this section is revoked, the number of Examiners attached to the High Court shall be reduced to one, but without prejudice to the making of a new order under subsection (1) of this section if at any subsequent time the Minister thinks it expedient in the public interest so to do.

(5) Whenever and so long as there are two Examiners attached to the High Court by virtue of an order under this section, the following provisions shall have effect:—

(a) there shall be two Examiners' Offices, one of which shall be under the management of one of the Examiners and the other of which shall be under the management of the other Examiner;

(b) subject to paragraph (a) of this subsection, sections 13 and 26 of the Principal Act shall apply and have effect in relation to each of the two Examiners' Offices;

(c) sections 14 and 28 of the Principal Act and section 6 of this Act shall apply and have effect in relation to each of the Examiners;

(d) each of the Examiners shall be a principal officer within the meaning of Part I of the Principal Act.

Registrars of High Court to be principal officers.

8.—(1) The officers for the time being nominated under subsection (2) of section 4 of the Principal Act to be registrars of the High Court shall be principal officers within the meaning of Part I of the Principal Act.

(2) Registrars of the High Court shall notwithstanding subsection (1) of this section, continue to be nominated under subsection (2) of section 4 of the Principal Act.

Court officer performing the duties of another office.

9.—(1) Where on the passing of this Act there is a vacancy in an office attached to any court or after the passing of this Act a vacancy occurs in an office attached to any court or the holder of an office attached to any court is absent or incapacitated, the Minister may, subject to subsection (2) of this section, require and authorise any officer attached to that or any other court to perform, during a specified period or until otherwise directed by the Minister, the duties (in addition to his own duties) of such office.

(2) The power conferred on the Minister by subsection (1) of this section shall, where the officer required to perform the duties of another office is attached to the Supreme Court, be exercised only after consultation with the Chief Justice and shall, where such officer is attached to the High Court, be exercised only after consultation with the President of the High Court.

(3) Whenever an officer is required under this section to perform the duties of another office, he shall, while the requisition remains in force, have all the powers of the holder of that office as fully as if he had been appointed thereto.

(4) Where an officer attached to a court has, before the passing of this Act, performed by direction of the Minister the duties of another office (whether attached to the same or to another court) in addition to his own duties, he shall be deemed while so performing those duties to have had all the powers of the holder of that office as fully as if he had been appointed thereto and nothing done by him in the execution of those duties shall be questioned, or be deemed ever to have been capable of being questioned, on the ground that he had not been appointed to that office.

(5) Where at the passing of this Act an officer attached to a court is performing by direction of the Minister the duties of another office (whether attached to the same or to another court) in addition to his own duties, he shall, as from the passing of this Act, be deemed to have been required and authorised under this section to perform those duties and this section shall apply and have effect in relation to him accordingly.

Assignment of County Registrars to circuit court offices.

10.—(1) Every County Registrar appointed (whether before or after the passing of this Act) under the Principal Act shall be assigned to such circuit court office as the Government shall from time to time direct.

(2) Subsection (1) of section 36 of the Principal Act is hereby repealed.

(3) Every assignment under subsection (1) of section 36 of the Principal Act in force immediately before the passing of this Act shall, after the passing of this Act, continue in force and be deemed to be an assignment under this section.

(4) Every reference in the Principal Act or in any other enactment to an assignment under subsection (1) of section 36 of the Principal Act shall be deemed to be a reference to an assignment made or deemed to be made under this section.

Provision for pending business on exercise of power under subsection (3) of section 47 of the Principal Act.

11.—(1) Whenever the Minister exercises a power conferred on him by subsection (3) of section 47 of the Principal Act, he may make provision for securing the continuation and completion of any business transacted in the District Court which is initiated before the date of operation of the exercise of such power and is not completed before that date.

(2) For the purposes of this section, business transacted in the District Court shall be regarded as being initiated on the day on which the summons, warrant, process, or other originating document relating to it is issued.

The office of sheriff.

12.—(1) The Minister, whenever he so thinks proper, may, by order made with the consent of the Minister for Finance, declare in respect of any county or county borough in which there is at the passing of this Act an under-sheriff that, upon the office of the under-sheriff becoming vacant, subsection (3) of section 54 of the Principal Act shall not apply or have effect in respect of such county or county borough either (as shall be specified in the order) at all or in regard to specified powers, duties, authorities, rights, and obligations of the under-sheriff.

(2) The Minister, whenever he so thinks proper, may, by order made with the consent of the Minister for Finance in respect of any county or county borough in which the powers, duties, authorities, rights, and obligations of the under-sheriff have either before or after the passing of this Act been transferred to the county registrar by virtue of subsection (2) or subsection (3) of section 54 of the Principal Act, declare either (as shall be specified in such order) that all, or that certain specified, of the said powers, duties, authorities, rights, and obligations shall cease to be imposed on or be vested in such county registrar.

(3) The following provisions shall have effect in relation to the county or county borough in respect of which an order under subsection (1) or subsection (2) of this section has been made:—

(a) it shall be lawful for the Government, as and when occasion requires, to appoint a person to be the sheriff of the county or county borough;

(b) such of the powers, duties, authorities, rights, and obligations of the under-sheriff as by virtue of the order do not become or cease to be imposed on or vested in the county registrar shall become and be powers, duties, authorities, rights, and obligations (as the case may be) of the sheriff;

(c) the Minister, whenever he so thinks proper, may, by order made with the consent of the Minister for Finance, transfer from the county registrar to the sheriff such further or other powers, duties, authorities, rights, or obligations as he thinks proper;

(d) on the occasion of a vacancy in the office of sheriff, the Minister, if he so thinks proper, may, by order made with the consent of the Minister for Finance, revoke the order under subsection (1) or subsection (2) of this section;

(e) where the Minister makes an order under paragraph (d) of this subsection, all the powers, duties, authorities, rights, and obligations of the sheriff shall become and be, with effect from the occurrence of the vacancy in the office of sheriff, powers, duties, authorities, rights, and obligations. (as the case may be) of the county registrar;

(f) where any power, duty, authority, right or obligation under any enactment of the county registrar or under-sheriff (as the case may be) is for the time being imposed by virtue of this section on the sheriff, every reference in that enactment to the county registrar or under-sheriff (as the case may be) shall be construed and have effect as a reference to the sheriff;

(g) where the duty of acting as returning officer for the county or county borough is for the time being imposed, by virtue of this section on the sheriff and a vacancy occurs in the office of sheriff or the sheriff is absent or incapacitated, the Minister for Local Government and Public Health may, if he so thinks proper, appoint a person to perform the duties of returning officer for the county or county borough during such vacancy, absence or incapacity.

(4) Where an order is made under subsection (2) of this section in respect of the county borough of Dublin before the person holding office at the passing of this Act as under-sheriff of the county of Dublin ceases to hold that office, the making of the order shall not affect the operation of subsection (3) of section 23 of the Local Government Act, 1930 (No. 27 of 1930), but, in applying paragraphs (a) and (b) of that subsection on such person's ceasing to hold that office, the word “sheriff” shall be substituted in each paragraph for the word “under-sheriff”.

(5) No person shall be appointed under this section to the office of sheriff unless—

(a) he is a barrister who has practised for not less than five years, or

(b) he is a solicitor who has practised for not less than five years, or

(c) he has acted for not less than five years as managing clerk or principal assistant to an under-sheriff or sheriff.

(6) The following provisions shall have effect in relation to the office of sheriff:—

(a) the office of sheriff shall be non-pensionable and shall be held at the will and pleasure of the Government;

(b) the age of retirement from the office of sheriff shall be seventy years;

(c) every person appointed to the office of sheriff shall give security to such amount and in such manner as the Minister shall direct (either generally or in any particular case) for the due performance of his duties;

(d) every sheriff shall furnish to the Minister such annual or other returns and such accounts as the Minister shall from time to time direct, either generally or in any particular case;

(e) any officer of the Minister authorised in that behalf by the Minister shall be entitled at all reasonable times to enter the offices of any sheriff and thereupon to inspect the offices, to inquire into the work done therein, to examine the accounts of the sheriff, and to be furnished by the sheriff with any information in regard to such offices, work, or accounts which he may require;

(f) the same person may be appointed to be sheriff for a county borough and one or more adjoining counties or for two or more adjoining counties;

(g) the conditions of employment of every sheriff shall, subject to the foregoing provisions of this section, be such as the Minister for Finance, after consultation with the Minister, shall from time to time determine.

Repeal of section 45 of Debtors (Ireland) Act, 1840.

13.—(1) Section 45 of the Debtors (Ireland) Act, 1840 , is hereby repealed.

(2) This section shall come into operation on the 1st day of January, 1946.

Short title, collective citation and construction.

14.—(1) This Act may be cited as the Court Officers Act, 1945.

(2) The Court Officers Acts, 1926 and 1937, and this Act may be cited together as the Court Officers Acts, 1926 to 1945.

(3) The Court Officers Acts, 1926 and 1937, and this Act shall be construed together as one Act.