Court Officers Act, 1945

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.