Courts and Civil Law (Miscellaneous Provisions) Act 2023

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Number 18 of 2023


COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2023


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citation and commencement

PART 2

Amendment of Irish Nationality and Citizenship Act 1956

2. Definition (Part 2)

3. Amendment of section 2 of Act of 1956

4. Amendment of section 6B of Act of 1956

5. Amendment of section 7 of Act of 1956

6. Amendment of section 15 of Act of 1956

7. Amendment of section 15A of Act of 1956

8. Naturalisation of minors born in State and other matters

9. Amendment of section 16A of Act of 1956

10. Amendment of section 28 of Act of 1956

PART 3

Amendment of Civil Liability Act 1961

11. Definition (Part 3)

12. Amendment of section 51H of Act of 1961

13. Amendment of section 51I of Act of 1961

14. Amendment of section 51J of Act of 1961

15. Amendment of section 51K of Act of 1961

16. Indexation of periodic payments

PART 4

Amendment of Juries Act 1976

17. Definition (Part 4)

18. Amendment of section 2 of Act of 1976

19. Designated court office

20. Amendment of section 9 of Act of 1976

21. Amendment of section 10 of Act of 1976

22. Amendment of section 11 of Act of 1976

23. Amendment of section 12 of Act of 1976

24. Amendment of section 13 of Act of 1976

25. Amendment of section 14 of Act of 1976

26. Amendment of section 16 of Act of 1976

27. Amendment of section 22 of Act of 1976

28. Repeal of section 27 of Act of 1976

29. Amendment of section 35 of Act of 1976

PART 5

Amendment of Bankruptcy Act 1988

30. Definition (Part 5)

31. Amendment of section 3 of Act of 1988

32. Amendment of section 11 of Act of 1988

33. Amendment of section 17 of Act of 1988

34. Amendment of section 56 of Act of 1988

35. Statement of affairs

36. Provision of information to Official Assignee

37. Amendment of section 82 of Act of 1988

38. Amendment of section 85D of Act of 1988

PART 6

Amendment of Occupiers’ Liability Act 1995

39. Definition (Part 6)

40. Amendment of section 3 of Act of 1995

41. Amendment of section 4 of Act of 1995

42. Insertion of section 5A into Act of 1995

PART 7

Amendment of Immigration Act 1999

43. Definition (Part 7)

44. Amendment of section 3 of Act of 1999

45. Amendment of section 6 of Act of 1999

PART 8

Amendment of Immigration Act 2004

46. Definition (Part 8)

47. Amendment of section 4 of Act of 2004

48. Amendment of section 18 of Act of 2004

PART 9

Amendment of Civil Liability and Courts Act 2004

49. Definition (Part 9)

50. Amendment of section 17 of Act of 2004

51. Pre-action offers to settle clinical negligence claims

52. Amendment of section 33 of Act of 2004

53. Realisation of investment of dormant account of funds of suitors of Circuit Court and dormant funds of suitors of District Court

54. Amendment of section 35 of Act of 2004

55. Amendment of section 38 of Act of 2004

56. Amendment of section 40 of Act of 2004

PART 10

Amendment of Legal Services Regulation Act 2015

57. Definition (Part 10)

58. Amendment of section 1 of Act of 2015

59. Amendment of section 95 of Act of 2015

60. Insertion of sections 95A to 95D in Act of 2015

61. Amendment of section 96 of Act of 2015

62. Amendment of section 97 of Act of 2015

63. Amendment of section 98 of Act of 2015

64. Amendment of section 134 of Act of 2015

65. Amendment of section 135 of Act of 2015

66. Address for correspondence

67. Repeal of section 220(3) of Act of 2015

PART 11

Amendment of International Protection Act 2015

68. Definition (Part 11)

69. Amendment of section 5 of Act of 2015

70. Amendment of section 48 of Act of 2015

71. Amendment of section 52 of Act of 2015

72. Amendment of section 62 of Act of 2015

PART 12

Amendment of Data Protection Act 2018

73. Definition (Part 12)

74. Prohibition on disclosure of confidential information by persons engaging with Commission in connection with relevant function

75. Amendment of section 109 of Act of 2018

76. Amendment of section 113 of Act of 2018

77. Amendment of section 117 of Act of 2018

78. Amendment of section 117A of Act of 2018

79. Amendment of section 122 of Act of 2018

80. Amendment of section 150 of Act of 2018

PART 13

Amendment of Judicial Council Act 2019

81. Definition (Part 13)

82. Amendment of section 50 of Act of 2019

83. Complaints Review Committee: temporary replacement of member

84. Amendment of section 59 of Act of 2019

PART 14

Amendment of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

85. Definition (Part 14)

86. Amendment of section 10 of Act of 2020

87. Amendment of section 14 of Act of 2020

88. Amendment of section 22 of Act of 2020

89. Amendment of section 23 of Act of 2020

90. Amendment of section 30 of Act of 2020

91. Amendment of section 31 of Act of 2020

92. Amendment of section 32 of Act of 2020

PART 15

Courts and Court Officers (Centralised Court Offices and Electronic Registers)

93. Interpretation (Part 15)

94. Centralised court offices

95. Consultations

96. Centralised court office - deemed powers and functions

97. Staff of centralised court office

98. Functions of staff

99. Continuity of administration of justice not to be affected

100. Immunity from suit

101. Electronic Registers

PART 16

Miscellaneous (Acts relating to courts)

102. Definitions (Part 16)

103. Amendment of section 3 of Act of 1926

104. Amendment of section 27 of Act of 1926

105. Amendment of section 35 of Act of 1926

106. Amendment of section 37 of Act of 1936

107. Amendment of section 65 of Act of 1936

108. Unpaid fees

109. Amendment of section 39 of Offences against the State Act 1939

110. Offence of obstruction or interference with sheriff

111. Amendment of section 7A of Act of 1961

112. Amendment of section 22 of Act of 1961

113. Amendment of section 36 of Act of 1961

114. Amendment of section 57 of Act of 1961

115. Court may award costs without oral hearing

116. Amendment of Eighth Schedule to Act of 1961

117. Amendment of section 7(6) of Courts Act 1964

118. Amendment of Courts Service Act 1998

PART 17

Miscellaneous

119. Amendment of section 28 of Gaming and Lotteries Act 1956

120. Amendment of section 11B of Guardianship of Infants Act 1964

121. Amendment of section 36 of Succession Act 1965

122. Amendment of section 11 of Civil Legal Aid Act 1995

123. Amendment of section 32 of Registration of Deeds and Title Act 2006

124. Maintenance and champerty not to apply to dispute resolution proceedings

125. Amendment of Schedule 1 to Garda Síochána (Functions and Operational Areas) Act 2022


Acts Referred to

Arbitration Act 2010 (No. 1)

Bankruptcy Act 1988 (No. 27)

Bankruptcy Acts 1988 to 2015

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13)

Civil Legal Aid Act 1995 (No. 32)

Civil Liability Act 1961 (No. 41)

Civil Liability Acts 1961 to 2017

Civil Liability and Courts Act 2004 (No. 31)

Court Officers Act 1926 (No. 27)

Court Officers Act 1945 (No. 25)

Courts (Supplemental Provisions) Act 1961 (No. 39)

Courts Act 1964 (No. 11)

Courts and Court Officers Act 2009 (No. 36)

Courts of Justice Act 1936 (No. 48)

Courts Service Act 1998 (No. 8)

Criminal Law (Rape) (Amendment) Act 1990 (No. 32)

Data Protection Act 2018 (No. 7)

Electoral Act 1992 (No. 23)

Gaming and Lotteries Act 1956 (No. 2)

Garda Síochána (Functions and Operational Areas) Act 2022 (No. 7)

Guardianship of Infants Act 1964 (No. 7)

Immigration Act 1999 (No. 22)

Immigration Act 2004 (No. 1)

International Protection Act 2015 (No. 66)

Interpretation Act 2005 (No. 23)

Irish Nationality and Citizenship Act 1956 (No. 26)

Judgements (Ireland) Act 1844 (c. 90)

Judicial Council Act 2019 (No. 33)

Juries Act 1976 (No. 4)

Land and Conveyancing Law Reform Act 2009 (No. 27)

Legal Services Regulation Act 2015 (No. 65)

Licensing Act (Ireland) 1874 (35 & 36 Vict. c. 69)

Occupiers’ Liability Act 1995 (No. 10)

Offences against the State Act 1939 (No. 13)

Personal Insolvency Act 2012 (No. 44)

Powers of Attorney Act 1996 (No. 12)

Registration of Deeds and Title Act 2006 (No. 12)

Solicitors Act 1954 (No. 36)

Succession Act 1965 (No. 27)

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Number 18 of 2023


COURTS AND CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2023


An Act to make provision in relation to the grant of certificates of naturalisation and the authentication of certificates of nationality, and for those and other purposes to amend the Irish Nationality and Citizenship Act 1956 ; to amend the Civil Liability Act 1961 to enable the Minister for Justice to make regulations in relation to the specification of an index by reference to which the amount of a payment under a periodic payments order is to be adjusted annually; to make provision for the designation of a court office for the purpose of empanelling and summoning jurors, and for that purpose to amend the Juries Act 1976 ; to amend certain procedures relating to the bankruptcy process, and for that and related purposes to amend the Bankruptcy Act 1988 ; to amend the Occupiers’ Liability Act 1995 ; to amend the Immigration Act 1999 ; to amend the Immigration Act 2004 ; to provide for the disposal of part of the funds of suitors of the Circuit Court and the funds of suitors of the District Court vested in the Accountant of the Courts of Justice, and for that and other purposes to amend the Civil Liability and Courts Act 2004 ; to amend certain provisions of the Legal Services Regulation Act 2015 , including for the purpose of making further provision in relation to the levy to be paid under that Act and the roll of practising barristers; to amend the International Protection Act 2015 ; to make provision for enabling the Data Protection Commission to prohibit the disclosure of confidential information by persons engaging with it in connection with the performance of certain functions, to issue a reprimand to a controller or processor in certain circumstances and to provide for the District Court to have jurisdiction, concurrently with the Circuit Court and the High Court, to hear and determine an action taken by a data subject in respect of his or her rights under the Data Protection Regulation and, for those and other purposes, to amend the Data Protection Act 2018 ; to provide for the temporary replacement of a member of the Complaints Review Committee of the Judicial Council, and for that and other purposes to amend the Judicial Council Act 2019 ; to make provision for the designation of centralised court offices, the specification of court office business to be transacted in such offices and related matters; to make provision for the maintenance of certain registers in electronic form; to make further provision in relation to the appointment of a Deputy Master of the High Court and in relation to the circumstances in which the Master of the High Court and a county registrar may be removed from, or otherwise cease to hold, such office and for those purposes to amend the Court Officers Act 1926 ; to provide for the appointment of registrars to the Special Criminal Court by the Courts Service, and for that purpose to amend the Offences against the State Act 1939 ; to provide for an offence of obstruction or interference with a sheriff, and for that purpose to amend the Court Officers Act 1945 ; and for those and other purposes to amend the Courts of Justice Act 1936 , the Courts (Supplemental Provisions) Act 1961 , the Courts Act 1964 , the Civil Legal Aid Act 1995 , the Courts Service Act 1998 , the Gaming and Lotteries Act 1956 , the Guardianship of Infants Act 1964 , the Succession Act 1965 , the Registration of Deeds and Title Act 2006 , the Arbitration Act 2010, the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 and the Garda Síochána (Functions and Operational Areas) Act 2022 .

[5th July, 2023]

Be it enacted by the Oireachtas as follows: