Courts (Supplemental Provisions) Act, 1961

EIGHTH SCHEDULE

Provisions in relation to offices and officers to be attached to the High Court, the Supreme Court and the President of the High Court

Section 55 (1).

Interpretation.

1. (1) This Schedule shall be construed as one with Part I of the Act of 1926.

(2) Except where the context otherwise requires, references in this Schedule to any enactment which is applied by section 48 of this Act shall be construed as references to that enactment as so applied.

Offices attached to the High Court, the Supreme Court and the President of the High Court.

2. There shall become and be attached to the High Court, the Supreme Court and the President of the High Court respectively the following offices—

To the High Court,

The Central Office,

The Taxing-Masters' Office,

The Probate Office,

The Office of the Official Assignee in Bankruptcy,

Two Examiners' Offices or the Examiner's Office,

The Accountant's Office;

To the Supreme Court,

The Office of the Registrar of the Supreme Court;

To the President of the High Court,

The Office of Wards of Court.

Officers attached to the High Court the Supreme Court and the President of the High Court.

3. There shall become and be attached to the High Court, the Supreme Court and the President of the High Court respectively the following officers (each of whom shall be a principal officer within the meaning of Part of the Act of 1926)—

To the High Court,

The Master of the High Court,

Two Taxing-Masters,

The Probate Officer,

The Official Assignee in Bankruptcy,

Two Examiners or the Examiner,

The Accountant;

To the Supreme Court,

The Registrar of the Supreme Court;

To the President of the High Court,

The Registrar of Wards of Court.

The Master of the High Court.

4. (1) In this paragraph “rules of court” means rules made under section 36 of the Act of 1924.

(2) The Master of the High Court shall have and exercise such powers and authorities and perform such duties and functions as are from time to time conferred on or assigned to him by statute or rules of court and in particular (unless and until otherwise provided by statute or rules of court) shall have and perform all such other powers, authorities, duties and functions as are vested in him by virtue of subsection (3) of section 31 of the Act of 1926.

The Central Office.

5. (1) The Central Office shall be under the management of such principal 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.

(2) There shall be transacted in the Central Office all such business as is from time to time directed by statute or rule of court to be transacted therein and also all other business of the High Court except such business as is for the time being required by law to be transacted by or before one or more judges or the Master of the High Court and except such business as is for the time being assigned by law either to another office attached to the High Court or to the Office of Wards of Court.

(3) The person who, immediately before the operative date, had, by virtue of a nomination under paragraph (a) of subsection (2) of section 2 (repealed by this Act) of the Act of 1945, the management of the Central Office shall continue to have the management of the Central Office and be deemed to have been nominated under subparagraph (1) of this paragraph.

The Registrars of the High Court.

6. (1) Such and so many as the Minister thinks proper of the officers for the time being serving in the Central Office shall be nominated by the Minister to be registrars of the High Court and every such registrar (in addition to any other duties which may be assigned to him by the officer for the time being managing the Central Office) shall act as registrar to the High Court as and when directed so to do by the officer for the time being managing the Central Office.

(2) The officers for the time being nominated under subparagraph (1) of this paragraph to be registrars of the High Court shall be principal officers within the meaning of Part I of the Act of 1926.

(3) Every person, who immediately before the operative date, was, by virtue of a nomination under subsection (2) of section 4 (repealed by this Act) of the Act of 1926, a registrar of the existing High Court shall become and be a registrar of the High Court and be deemed to have been nominated under subparagraph (1) of this paragraph.

General superintendence and control of High Court offices.

7. The officer for the time being managing the Central Office shall have the general superintendence and control of the offices 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 judges of the High Court.

The Taxing-Masters' Office.

8. The Taxing-Masters' Office shall be under the management of the senior Taxing-Master, and there shall be transacted in that Office the business of the Taxing-Masters other than such business as is required by law to be transacted by a Taxing-Master in person.

The Office of the Official Assignee in Bankruptcy.

9. The Office of the Official Assignee in Bankruptcy shall be under the management of the Official Assignee in Bankruptcy, and there shall be transacted therein all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business as was formerly transacted in the Office of the Official Assignee of the King's Bench Division of the High Court of Justice in Southern Ireland.

The Examiners' Offices.

10. (1) Until the number of Examiners shall be reduced to one, one Examiner's Office shall be under the management of one of the Examiners and the other Examiner's Office shall be under the management of the other Examiner.

(2) There shall be transacted in each Examiner's Office or in the Examiner's Office (where there is only one Examiner) all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business as was formerly transacted in the offices attached to the respective Chambers of the Master of the Rolls and the ordinary judge of the Chancery Division of the High Court of Justice in Southern Ireland and also such business as was formerly transacted in the offices attached to the Land Judge of the said Chancery Division, including the offices attached to that Judge in his capacity of Receiver Judge.

(3) There shall also be transacted in the Office of one of the Examiners (to be nominated by the Minister after consultation with the President of the High Court) or in the Examiner's Office (where there is only one Examiner) all such business as was formerly transacted in the Bankruptcy Office of the King's Bench Division of the High Court of Justice in Southern Ireland.

The Examiners.

11. (1) Each of the Examiners or the Examiner (where there is only one Examiner) shall have and exercise all such powers and authorities and perform and fulfil all such duties and functions as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall perform and fulfil such duties and functions as were formerly performed or fulfilled by the several Chief Clerks and Assistant Chief Clerks of the Master of the Rolls and the ordinary judge of the Chancery Division of the High Court of Justice in Southern Ireland respectively and by the Chief Receiver or the Receiver-Examiner.

(2) One of the Examiners (to be nominated by the Minister after consultation with the President of the High Court) or the Examiner (where there is only one Examiner) shall have and exercise all such powers and authorities as were formerly vested in the Chief Registrar in Bankruptcy of the King's Bench Division of the High Court of Justice in Southern Ireland and shall perform and fulfil such duties and functions as were formerly required by law to be or were in fact performed or fulfilled by the said Chief Registrar and the Registrar and Deputy Registrar in Bankruptcy of the said King's Bench Division respectively.

(3) The powers, authorities, duties and functions of an Examiner or of the Examiner (where there is only one Examiner) may, subject to any restrictions which the President of the High Court may think fit to impose, be executed, performed or fulfilled by an officer (to be designated by the President of the High Court) who is employed in that Examiner's Office or in the Examiner's Office (where there is only one Examiner) and who is qualified to be appointed Examiner.

Reduction in number of Examiners.

12. On the occurrence of the first vacancy in the office of Examiner, the number of Examiners shall be reduced to one, who shall be the Examiner, and the two Examiners' Offices shall be consolidated into one office, which shall be the Examiner's Office and shall be under the management of the Examiner.

The Office of the Registrar of the Supreme Court.

13. There shall be transacted in the office of the Registrar of the Supreme Court all business in relation to the jurisdictions exercisable by the Chief Justice under subsection (1) of section 10 of this Act.

The Registrar of the Supreme Court.

14. (1) The Registrar of the Supreme Court shall act as registrar to the Chief Justice in relation to the exercise by the Chief Justice of the jurisdiction exercisable by him under subsection (1) of section 10 of this Act.

(2) The Registrar of the Supreme Court shall be subject to the direction of the Chief Justice in regard to the transaction of the business which in pursuance of paragraph 13 of this Schedule is to be transacted in the office of the Registrar of the Supreme Court.

The Office of Wards of Court.

15. (1) The Office of Wards of Court shall be under the management of the Registrar of Wards of Court, and there shall be transacted in that office all such business as shall from time to time be assigned thereto by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) all such business in relation to the exercise of the jurisdiction vested in the High Court by subsection (1) of section 9 of this Act as was formerly transacted in relation to the exercise of that jurisdiction in the Lunacy Office of the Lord Chancellor of Ireland or in the offices attached to the Chambers of the said Lord Chancellor or in any other office attached to the former Supreme Court of Judicature in Southern Ireland.

(2) The Office of Wards of Court shall for the purposes of section 9 of the Act of 1945 be deemed to be an office attached to a court.

The Registrar of Wards of Court.

16. (1) The Registrar of Wards of Court shall have the superintendence and control of the Office of Wards of Court and shall in the exercise of such superintendence and control be subject, in regard to all matters of general administration, to the general direction of the Minister and, in regard to all matters relating to the jurisdiction vested in the High Court by subsection (1) of section 9 of this Act, to the directions of the judge of the High Court for the time being exercising that jurisdiction.

(2) In addition to the superintendence and control of the Office of Wards of Court, the Registrar of Wards of Court shall have and exercise all such powers and authorities and perform and fulfil such duties and functions in relation to the exercise of the jurisdiction vested in the High Court by subsection (1) of section 9 of this Act as shall from time to time be conferred on or assigned to him by statute or rule of court and in particular (unless and until otherwise provided by statute or rule of court) shall have and exercise all such powers and authorities as were formerly vested in the Registrar in Lunacy in Ireland or in the Chief Clerk to the Lord Chancellor of Ireland and shall perform and fulfil all such functions and duties in relation to the jurisdiction aforesaid as were formerly performed and fulfilled by the said Registrar in Lunacy and the said Chief Clerk respectively.

(3) The Registrar of Wards of Court shall for the purposes of section 9 of the Act of 1945 be deemed to be an officer attached to the High Court.

Qualification of Master of the High Court.

17. No person shall be appointed to be Master of the High Court unless at the time of his appointment he is a barrister of not less than ten years' standing who is then actually practising.

Qualification of Taxing-Master.

18. No person shall be appointed to be a Taxing-Master unless at the time of his appointment he is a solicitor of not less than ten years' standing who either is then actually practising or has previously practised for not less than ten years.

The Taxing Masters.

19. Each of the Taxing-Masters shall have and exercise the following powers and authorities and perform and fulfil the following duties and functions—

(a) such powers, authorities, duties and functions as are for the time being conferred on or assigned to them by statute or rule of court,

(b) unless and until otherwise provided by statute or rule of court—all such powers, authorities, duties and functions in relation to the High Court, and the Supreme Court, as were formerly possessed and performed by the several Taxing-Masters of the former Supreme Court of Judicature in Southern Ireland in relation to that Court,

(c) unless and until otherwise provided by statute or rule of court—all such powers, authorities and functions in relation to the Court of Criminal Appeal, the Chief Justice and the President of the High Court, as were immediately before the operative date possessed or exercised by them in relation to the existing Court of Criminal Appeal, the existing Chief Justice and the existing President of the High Court respectively,

(d) such other powers, authorities, duties and functions as were immediately before the passing of the Act of 1924 vested or imposed by law in or on the several Taxing-Masters of the former Supreme Court of Judicature in Southern Ireland, and

(e) the duty of taxing any costs to be received, allowed or paid to a solicitor as respects business undertaken on or after the 1st day of October, 1957, in relation to the exercise by a local authority of their powers under the Labourers (Ireland) Acts, 1883 to 1958.

Amendment of section 6 of the Act of 1945.

20. In section 6 (which relates to the appointment of the Probate Officer or an Examiner) of the Act of 1945, the references to an office established by Part I of the Act of 1926 shall be construed as references to an office mentioned in paragraph 2 of this Schedule.

Qualification of Registrar of Wards of Court

21. No person shall be appointed to be Registrar of Wards of Court unless at the time of his appointment he either—

(a) is a barrister of not less than ten years' standing who is then actually practising, or

(b) is a barrister who is then employed in an office mentioned in paragraph 2 of this Schedule and has during the next preceding twelve years been employed in one or more of the offices mentioned in the said paragraph 2.

General staffs of offices.

22. (1) In addition to the principal officers there shall be employed in the several offices mentioned in paragraph 2 of this Schedule such and so many officers, clerks, messengers, criers and servants as the Minister shall from time to time determine with the sanction of the Minister for Finance and after consultation with the President of the High Court in the case of an office attached to the High Court or in the case of the Office of Wards of Court and with the Chief Justice in the case of the Office of the Registrar of the Supreme Court.

(2) All officers (other than the principal officers), clerks, messengers, criers and servants employed in any of the offices mentioned in paragraph 2 of this Schedule shall be interchangeable amongst such offices and shall be liable to serve in any of those offices as the Minister shall from time to time direct after consultation with the President of the High Court in the case of an office attached to the High Court or in the case of the Office of Wards of Court and with the Chief Justice in the case of the Office of the Registrar of the Supreme Court.

Nominations under section 28 of the Act of 1926.

23. Every nomination made before the operative date under section 28 of the Act of 1926 which has not been revoked before the operative date shall continue in force and be deemed to have been made under the said section 28.