Court Proceedings (Delays) Act 2024

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Number 12 of 2024


COURT PROCEEDINGS (DELAYS) ACT 2024


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Regulations

4. Expenses

PART 2

Appointment of Chief Assessor and Assessors

5. Appointment of Chief Assessor and Assessors

6. Term of appointment of Assessors

7. Resignation, removal, disqualification, ineligibility for office of Assessor

8. Liability of Assessors

9. Designated officers

10. Functions of Chief Assessor

PART 3

Right to Conclusion of Proceedings within Reasonable Time

11. Right to conclusion of proceedings within reasonable time

PART 4

Assessment, Acceptance of Assessment, Authorisations, etc.

12. Assessment application for breach of right to conclusion of proceedings within reasonable time

13. Assignment of assessment application

14. Withdrawal of assessment application by applicant

15. Provision of further information to Assessor and deferment and discontinuation of assessment

16. Power of Assessor to require provision of information from third parties

17. Making of assessment

18. Provision of copy of assessment to applicant and Minister

19. Deemed non-acceptance, acceptance, of assessment

20. Application under section 24 to be authorised if assessment not accepted

21. Circumstances in which assessment becomes binding

22. Payment of compensation where assessment has become binding

23. Applicant’s costs in respect of making assessment application

PART 5

Application to Circuit Court on Foot of Authorisation

24. Application to Circuit Court

25. Acceptance or deemed acceptance of assessment not to prejudice applicant or Minister

26. Non-admissibility of assessment in evidence

27. Appeal

28. Costs in application under section 24 where assessment not accepted by applicant

29. Costs of assessment application

30. Payment of compensation

PART 6

Miscellaneous

31. Person acting on behalf of applicant

32. Functions of Assessor and judicial functions

33. No liability on part of judge or court for breach of right under section 11(1)

34. Bar on proceedings for further compensation

35. Processing of personal data and special categories of personal data

36. No disclosure on grounds of legal professional privilege

37. Transitional provisions


Acts Referred to

Companies Act 2014 (No. 38)

Courts and Civil Law (Miscellaneous Provisions) Act 2023 (No. 18)

Data Protection Act 2018 (No. 7)

European Convention on Human Rights Act 2003 (No. 20)

European Parliament Elections Act 1997 (No. 2)

Interpretation Act 2005 (No. 23)

Legal Services Regulation Act 2015 (No. 65)

Solicitors Act 1954 (No. 36)

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Number 12 of 2024


COURT PROCEEDINGS (DELAYS) ACT 2024


An Act to provide for the right of persons who are party to proceedings, where such proceedings are not concluded within a reasonable time, to seek a declaration of that fact and, in certain cases, compensation and, for that purpose to make provision for the making by such persons of applications for such a declaration and compensation and for the appointment of a Chief Court Delays Assessor and Court Delays Assessors to assess such applications; to provide for the making, in certain circumstances, of an application to the Circuit Court for such a declaration and compensation; and to provide for related matters.

[1st May, 2024]

Be it enacted by the Oireachtas as follows: