Courts and Civil Law (Miscellaneous Provisions) Act 2013

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Number 32 of 2013


COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2013


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement and collective citations

2. Repeals

PART 2

Amendment of Rules Relating to Certain Proceedings Heard Otherwise than in Public

3. Interpretation (Part 2)

4. Amendment of section 39 of Civil Liability and Courts Act 2004

5. Amendment of section 40 of Civil Liability and Courts Act 2004

6. Amendment of Part 3 of Civil Liability and Courts Act 2004

7. Amendment of section 2 of Child Care Act 1991

8. Amendment of section 29 of Child Care Act 1991

9. Amendment of section 31 of Child Care Act 1991

10. Amendment of section 18 of Adoption Act 2010

11. Amendment of section 30 of Adoption Act 2010

12. Amendment of section 31 of Adoption Act 2010

PART 3

Jurisdiction of District Court and Circuit Court

13. Interpretation (Part 3)

14. Extension of monetary limit of jurisdiction of Circuit Court

15. Extension of monetary limit of jurisdiction of District Court

16. Amendment of Courts of Justice Act 1936

17. Amendment of Courts (Supplemental Provisions) Act 1961

18. Amendment of section 10 of Hotel Proprietors Act 1963

19. Amendment of section 17 of Courts Act 1981

20. Amendment of section 15(2) of Courts Act 1991

21. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

PART 4

Amendment of Courts (Establishment and Constitution) Act 1961

22. Amendment of section 1 of Courts (Establishment and Constitution) Act 1961

PART 5

Juries in Lengthy Trials

23. Amendment of Juries Act 1976

PART 6

Legal Aid and Legal Advice in Relation to Coroners’ Inquests

24. Amendment of Coroners Act 1962

25. Amendment of Civil Legal Aid Act 1995

PART 7

Bankruptcy

26. Interpretation (Part 7)

27. Amendment of section 3 of Act of 1988

28. Amendment of section 8 of Act of 1988

29. Amendment of section 60 of Act of 1988

30. Amendment of section 63 of Act of 1988

31. Amendment of section 69 of Act of 1988

32. Repeal of section 83 of Act of 1988

33. Amendment of section 84 of Act of 1988

34. Amendment of section 85B of Act of 1988

35. Insertion of section 86A in Act of 1988

36. Amendment of section 144 of Act of 1988

37. Repeal of section 6 of and Schedule 1 to Personal Insolvency Act 2012

38. Amendment of section 9 of Personal Insolvency Act 2012

39. Amendment of section 17 of Personal Insolvency Act 2012

40. Amendment of section 20 of Personal Insolvency Act 2012

41. Miscellaneous amendments to enactments consequential on transfer of Official Assignee to Insolvency Service

PART 8

Amendment of Personal Insolvency Act 2012

42. Definition (Part 8)

43. Amendment of section 5 of Act of 2012

44. Amendment of section 8 of Act of 2012

45. Amendment of section 9 of Act of 2012

46. Amendment of section 13 of Act of 2012

47. New section 21A in Act of 2012

48. Amendment of section 25 of Act of 2012

49. Amendment of section 27 of Act of 2012

50. Amendment of section 29 of Act of 2012

51. Amendment of section 31 of Act of 2012

52. Amendment of section 34 of Act of 2012

53. Amendment of section 35 of Act of 2012

54. Amendment of section 36 of Act of 2012

55. Amendment of section 37 of Act of 2012

56. Amendment of section 39 of Act of 2012

57. Amendment of section 43 of Act of 2012

58. Amendment of section 45 of Act of 2012

59. Amendment of section 46 of Act of 2012

60. Amendment of section 47 of Act of 2012

61. Amendment of section 49 of Act of 2012

62. Insertion of sections 49A, 49B and 49C in Act of 2012

63. Amendment of section 54 of Act of 2012

64. Amendment of section 59 of Act of 2012

65. Amendment of section 61 of Act of 2012

66. Amendment of section 62 of Act of 2012

67. Amendment of section 65 of Act of 2012

68. Amendment of section 71 of Act of 2012

69. Amendment of section 72 of Act of 2012

70. Amendment of section 73 of Act of 2012

71. Amendment of section 75 of Act of 2012

72. Amendment of section 76 of Act of 2012

73. Amendment of section 78 of Act of 2012

74. Amendment of section 79 of Act of 2012

75. Amendment of section 82 of Act of 2012

76. Amendment of section 83 of Act of 2012

77. Amendment of section 85 of Act of 2012

78. Amendment of section 86 of Act of 2012

79. Amendment of section 91 of Act of 2012

80. Amendment of section 93 of Act of 2012

81. Amendment of section 95 of Act of 2012

82. Amendment of section 96 of Act of 2012

83. Amendment of section 102 of Act of 2012

84. Amendment of section 107 of Act of 2012

85. Amendment of section 112 of Act of 2012

86. Amendment of section 113 of Act of 2012

87. Amendment of section 115 of Act of 2012

88. Amendment of section 116 of Act of 2012

89. Amendment of section 119 of Act of 2012

90. Amendment of section 122 of Act of 2012

91. Amendment of section 124 of Act of 2012

92. Amendment of section 125 of Act of 2012

93. Amendment of section 136 of Act of 2012

94. Amendment of section 161 of Act of 2012

95. Amendment of section 164 of Act of 2012

96. Amendment of section 37 of Courts of Justice Act 1936

97. Amendment of section 10 of Courts of Justice Act 1947

PART 9

Miscellaneous

98. Amendment of section 38 of Courts of Justice Act 1936

SCHEDULE

Part 1

Extension of Monetary Limit of Jurisdiction of Circuit Court

Part 2

Extension of Monetary Limit of Jurisdiction of District Court


Acts Referred to

Adoption Act 2010 (No. 21)

Air Pollution Act 1987 (No. 6)

Animal Remedies Act 1993 (No. 23)

Attorneys’ and Solicitors’ Act 1870 (33 & 34 Vict. c.28)

Bankruptcy Act 1988 (No. 27)

Broadcasting Act 2009 (No. 18)

Child Care Act 1991 (No. 17)

Children Act 2001 (No. 24)

Civil Legal Aid Act 1995 (No. 32)

Civil Liability and Courts Act 2004 (No. 31)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (No. 24)

Consumer Credit Act 1995 (No. 24)

Coroners Act 1962 (No. 9)

Coroners Acts 1962 and 2005

Courts (Establishment and Constitution) Act 1961 (No. 38)

Courts (Supplemental Provisions) Act 1961 (No. 39)

Courts (Supplemental Provisions) Acts 1961 to 2012

Courts Act 1971 (No. 36)

Courts Act 1981 (No. 11)

Courts Act 1991 (No. 20)

Courts and Court Officers Act 1995 (No. 31)

Courts and Court Officers Act 2002 (No. 15)

Courts of Justice Act 1924 (No. 10)

Courts of Justice Act 1936 (No. 48)

Courts of Justice Act 1947 (No. 20)

Criminal Law (Insanity) Act 2006 (No. 11)

Data Protection Act 1988 (No. 25)

Defamation Act 2009 (No. 31)

Defence Act 1954 (No. 18)

Domestic Violence Act 1996 (No. 1)

Dormant Accounts Act 2001 (No. 32)

Enforcement of Court Orders Act 1926 (No. 18)

Family Home Protection Act 1976 (No. 27)

Family Law (Divorce) Act 1996 (No. 33)

Family Law (Maintenance of Spouses and Children) Act 1976 (No. 11)

Family Law Act 1981 (No. 22)

Family Law Act 1995 (No. 26)

Finance Act 2001 (No. 7)

Finance Act 2011 (No. 6)

Foreshore (Amendment) Act 1992 (No. 17)

Harbours Act 1996 (No. 11)

Hire-Purchase Acts 1946 and 1960

Hotel Proprietors Act 1963 (No. 7)

Juries Act 1976 (No. 4)

Legitimacy Act 1931 (No. 13)

Local Government (Water Pollution) Act 1977 (No. 1)

Maintenance Act 1994 (No. 28)

Mental Health Act 2001 (No. 25)

Personal Insolvency Act 2012 (No. 44)

Prisons Act 2007 (No. 10)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Solicitors (Amendment) Act 1960 (No. 37)

Status of Children Act 1987 (No. 26)

Waste Management Act 1996 (No. 10)

Wildlife (Amendment) Act 2000 (No. 38)

Wildlife Act 1976 (No. 39)

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Number 32 of2013


COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2013


An Act to amend the Civil Liability and Courts Act 2004 , the Child Care Act 1991 and the Adoption Act 2010 to allow bona fide representatives of the Press to attend court during proceedings heard otherwise than in public except in certain circumstances; and to provide for the prohibition or restriction of the publication and broadcasting of matters by such representatives in certain circumstances; to amend various enactments for the purpose of increasing the monetary limit of the jurisdiction of the Circuit Court in personal injuries actions and other civil matters; to amend various enactments for the purpose of increasing the monetary limit of the jurisdiction of the District Court in civil matters; to repeal certain provisions of the Courts and Court Officers Act 2002 ; to amend the Courts (Establishment and Constitution) Act 1961 to increase the number of ordinary judges of the Supreme Court to nine; to amend the Juries Act 1976 to provide for the selection of additional jurors in lengthy criminal trials; to amend the Coroners Act 1962 and the Civil Legal Aid Act 1995 to provide for the provision of legal aid or advice, or both, in respect of coroners’ inquests to families of deceased persons in certain circumstances; to amend the Bankruptcy Act 1988 ; to amend the Personal Insolvency Act 2012 ; and to provide for related matters. [24th July, 2013

Be it enacted by the Oireachtas as follows: