S.I. No. 272/1999 - District Court Districts and Areas (Amendment) and Variation of Days (No. 5) Order, 1999.


I, JOHN O'DONOGHUE, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 26 of the Courts of Justice Act, 1953 (No. 32 of 1953), as amended by section 43 of the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961), and by section 16 of the Courts Act, 1971 (No. 36 of 1971), (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 )), and after consultation with the President of the District Court, hereby order as follows:

1. (1) This Order may be cited as the District Court Districts and Areas (Amendment) and Variation of Days (No. 5) Order, 1999.

(2) This Order shall come into operation on the 1st day of September, 1999.

2. In this Order—

“the Order of 1984” means the District Court Areas and Districts (Amendment) Order, 1984 ( S.I. No. 53 of 1984 );

“the Order of 1998” means the District Court Districts and Areas (Amendment) and Variation of Days (No. 5) Order, 1998 ( S.I. No. 5 of 1998 );

“the Principal Order” means the District Court (Areas) Order, 1961 ( S.I. No. 5 of 1961 ).

3. The First Schedule of the Principal Order is hereby amended by—

(a) the insertion at reference number 114 in columns (2), (3), (4) and (5) (as amended by Article 3(a) of the Order of 1998), respectively, of the following:

“County of Kerry

District Court Area of Listowel

Listowel- Second Thursday, Fourth Wednesday, Fourth Tueday in each month at 11 a.m.

The area comprising the District Electoral Divisions of Ballyduff (Listowel), Ballyegan (Listowel), Ballyhorgan, Cloontubbrid, Drommartin, Duagh, Enismore, Gunsborough, Kilfeighy, Kilmeany, Kilshenane, Kiltomy, Listowel Rural, Listowel Urban, Lixnaw, Rathea, Shronowen, Trienearagh, Astee, Ballycorny, Beal, Gullane, Killehenny, Lisselton and Urlee in the county of Kerry.”.

(b) the substitution for the matter in column (4) at reference number 146 (inserted by Article 3(c) of the Order of 1998), of the following:

“Abbeyfeale—

Second Wednesday in each month at 11.00 a.m,” and

(c) the substitution for the matter in column (5) at reference number 146 (inserted by Article 3(b) of the Order of 1998), of the following:

“The area comprising—

(a) the District Electoral Divisions of Abbeyfeale, Caher, Dromtrasna, Glenagower, Glengort, Mountcollins, Port, Rathronan and Templeglentan in the county of Limerick, and

(b) the District Electoral Divisions of Moynsha in the county of Kerry.”

4. The Second Schedule of the Principal Order is hereby amended by—

(a) the insertion at reference number 99 in columns (2), (3), (4) and (5) (as amended by Article 4(a) of the Order of 1998), respectively, of the following:

County of Kerry

District Court Area of Listowel

Listowel- Third Wednesday, in each month at 11 a.m.

The area comprising the District Electoral Divisions of Ballyduff (Listowel), Ballyegan (Listowel), Ballyhorgan, Cloontubbrid, Drommartin, Duagh, Enismore, Gunsborough, Kilfeighy, Kilmeany, Kilshenane, Kiltomy, Listowel Rural, Listowel Urban, Lixnaw, Rathea, Shronowen, Trienearagh, Astee, Ballycorny, Beal, Gullane, Killehenny, Lisselton and Urlee in the county of Kerry.”.

(b) the substitution for the matter in column (4) at reference number 129 (inserted by Article 4(c) of the Order of 1998), of the following:

“Abbeyfeale—

Second Wednesday in each month at 11.00 a.m,” and

(c) the substitution for the matter in column (5) at reference number 129 (inserted by Article 4(b) of the Order of 1998), of the following:

“The area comprising—

(a) the District Electoral Divisions of Abbeyfeale, Caher, Dromtrasna, Glenagower, Glengort, Mountcollins, Port, Rathronan and Templeglentan in the county of Limerick, and

(b) the District Electoral Divisions of Moynsha in the county of Kerry.”

5. The Schedule of the District Court Areas (Amendment) Order, 1970 ( S.I. No. 161 of 1970 ), is hereby amended by the insertion at reference number 13 by—

(a) the substitution, in column (3), of “Listowel” for “Abbeyfeale”, and

(b) the insertion in column (4) (as amended by the No. 53 Order of 1984) of “Listowel,” after “Kilmallock,” and “114,” after “152,”.

6. Business transacted in the District Court which is initiated and is not completed before the commencement of this Order shall be continued and completed as if this Order had been in force at the time at which such business had been initiated.

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GIVEN under my Official Seal, this 31st day of August, 1999.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order re-creates the District Court area of Listowel and providing for the holding of the sittings of the District Court for the District Electoral Divisions of Ballyduff (Listowel), Ballyegan (Listowel), Ballyhorgan, Cloontubbrid, Drommartin, Duagh, Enismore, Gunsborough, Kilfeighy, Kilmeany, Kilshenane, Kiltomy, Listowel Rural, Listowel Urban, Lixnaw, Rathea, Shronowen, Trienearagh, Astee, Ballycorny, Beal, Gullane, Killehenny, Lisselton and Urlee in the county of Kerry.