Law Reform Commission Act, 1975
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Consequential. |
14.—(1) Where a person who holds judicial office is appointed to be a Commissioner, the following provisions shall have effect; | |
(a) in case on being so appointed he is an ordinary judge of the Supreme Court, then for so long as he continues to hold that judicial office— | ||
(i) the number of ordinary judges of the Supreme Court shall not be more than five, and | ||
(ii) the reference in section 4 (1) of the Act of 1961, to four shall be construed as a reference to five, | ||
(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 eight, and | ||
(ii) the reference in section 1 (1) of the Courts Act, 1973 , to seven shall be construed as a reference to eight, and | ||
(c) in case he is the President of the High Court he may, for so long as he continues to be a Commissioner, from time to time appoint an ordinary judge of the High Court to exercise on his behalf (and which judge is hereby empowered to exercise) all the jurisdiction exercisable by the President of the High Court under section 10 (5) of the Act of 1961. | ||
(2) When a person who is a barrister is appointed to be either— | ||
(a) a Commissioner in a whole-time capacity, or | ||
(b) a whole-time officer of the Commission, | ||
then, for the purpose of qualification for appointment— | ||
(c) under section 5 (2) (a) of the Act of 1961, as a judge of the Supreme Court or the High Court, | ||
(d) under section 17 (2) (a) of the Act of 1961, as a judge of the Circuit Court, | ||
(e) under section 14 of the Act of 1936, to act temporarily as a judge of the Circuit Court, | ||
(f) under section 29 (2) of the Act of 1961, as a justice of the District Court, | ||
(g) under section 51 (as amended by section 48 (8) of the Act of 1961) of the Act of 1936, to act temporarily as a justice of the District Court, | ||
service by him as such a Commissioner or as such an officer of the Commission, as may be appropriate, shall be deemed to be practice at the Bar. | ||
(3) For the purpose of qualification for appointment— | ||
(a) under section 29 (2) of the Act of 1961 as a justice of the District Court, | ||
(b) under section 51 (as so amended) of the Act of 1936, to act temporarily as such a justice, | ||
in subsection (2) of this section, the reference to a barrister shall be construed as including a reference to a solicitor and the reference to practice at the Bar shall be construed as including a reference to practice as a solicitor. | ||
(4) In this section— | ||
“the Act of 1936” means the Courts of Justice Act, 1936; | ||
“the Act of 1961” means the Courts (Supplemental Provisions) Act, 1961 . |