Courts Act, 1977

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Number 11 of 1977

COURTS ACT, 1977

ARRANGEMENT OF SECTIONS

Number 11 of 1977

COURTS ACT, 1977

AN ACT TO AMEND AND EXTEND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1973. [10th May, 1977]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Number of ordinary judges of High Court and Circuit Court and number of justices of District Court.

1.—(1) The number of ordinary judges of the High Court shall not be more than nine.

(2) The number of ordinary judges of the Circuit Court shall not be more than eleven.

(3) The number of justices of the District Court, in addition to the President of the District Court, shall not be more than thirty-nine.

Assignment of judges of Circuit Court to circuits.

2.—(1) (a) There shall be four judges of the Circuit Court permanently assigned to the Dublin Circuit.

(b) There shall be one judge of the Circuit Court permanently assigned to each other circuit.

(2) Where a judge of the Circuit Court is appointed, the Government shall permanently assign him either—

(a) to the Dublin Circuit if at the date of the appointment there are less than four judges permanently assigned to that circuit, or

(b) to any other circuit to which at the date of appointment there is no judge permanently assigned.

(3) Where a judge of the Circuit Court is appointed and cannot be permanently assigned to a particular circuit on appointment, such judge may, at any time thereafter, be permanently assigned to any circuit to fill a vacancy for a judge permanently assigned to that circuit.

(4) Any judge of the Circuit Court who is permanently assigned to a particular circuit may at any time, if he so consents but not otherwise, be transferred by the Government to another circuit to fill a vacancy for a judge permanently assigned to that other circuit and shall upon such transfer become and be permanently assigned to that other circuit in lieu of the first-mentioned circuit.

(5) Where a judge of the Circuit Court is permanently assigned to a circuit, the Government, at his request, may, if they so think fit, terminate his permanent assignment to that circuit and the judge may at any time thereafter be permanently assigned by the Government to any circuit to fill a vacancy for a judge permanently assigned to that circuit.

(6) A judge of the Circuit Court who is not for the time being permanently assigned to a particular circuit may from time to time be temporarily assigned to any circuit by the President of the Circuit Court.

(7) Where a judge of the Circuit Court is temporarily assigned, under subsection (6) of this section, to a circuit, such judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with any judge permanently assigned thereto and any judge who is temporarily assigned, under section 10 of the Courts of Justice Act, 1947 , as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 , to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a judge permanently assigned to such circuit.

Consequential.

3.—(1) The following clause shall be substituted for clause (b) of paragraph 2 (1) of the Sixth Schedule to the Courts (Supplemental Provisions) Act, 1961 :

“(b) Where, at the time of the appointment of a person to be a district justice, there are nine district justices not permanently assigned to particular districts, the Government shall assign that person permanently to a particular district”.

(2) The following paragraph shall be substituted for paragraph (b) of section 14 (1) of the Law Reform Commission Act, 1975 :

“(b) in case on being so appointed he is the President of the High Court or an ordinary judge of the High Court, then for so long as he continues to hold the judicial office held by him on so being appointed—

(i) the number of ordinary judges of the High Court shall not be more than ten, and

(ii) the reference in section 1 (1) of the Courts Act, 1977, to nine shall be construed as a reference to ten, and”.

Repeals.

4.—Subsections (2) and (3) of section 20 and section 28 of the Courts (Supplemental Provisions) Act, 1961 , sections 2 (1) and 4 of the Courts Act, 1964 , and section 1 (1) of the Courts Act, 1973 , are hereby repealed.

Short title, collective citation and construction.

5.—(1) This Act may be cited as the Courts Act, 1977.

(2) The Courts (Supplemental Provisions) Acts, 1961 to 1973, and this Act may be cited together as the Courts (Supplemental Provisions) Acts, 1961 to 1977, and shall be construed together as one.