S.I. No. 323/1998 - District Court Districts and Areas (Amendment) and Variation of Days (No. 3) Order, 1998


S.I. No. 323 of 1998.

DISTRICT COURT DISTRICTS AND AREAS (AMENDMENT) AND VARIATION OF DAYS (NO. 3) ORDER, 1998

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. 3) Order, 1998.

(2) This Order shall come into operation on the 1st day of October, 1998.

2. In this Order -

"the No. 14 Order of 1997" means the District Court Districts and Areas (Section 26) (No. 14) Order, 1997 ( S.I. No. 39 of 1997 );

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

3. The District Court Area of Donegal is hereby varied by the substitution for the matter mentioned:

(a) in column (2) (inserted by Article 2 (b) of the No. 14 Order of 1997) at reference number 59 in the First Schedule to, and in column (2) (inserted by Article 3 (b) of the No. 14 Order of 1997) at reference number 53 in the Second Schedule to, the Principal Order of the following:

"County of Donegal", and

(b) in column (5) (inserted by Article 2 (c) of the No. 14 Order of 1997) at reference number 59 in the First Schedule to the Principal Order of the following:

"The area comprising the District Electoral Divisions of Ballintra (Donegal), Binbane, Bonnyglen, Clogher, Donegal, Eanymore, Haugh, Inver, Laghy, Lough Eask, Tantallon, Tawnawully, Tullynaught, Corkermore, Crowkeeragh, Crownarad, Dunkineely, Glencolumbkille, Kilcar, Kilgoly, Killybegs, Largymore, Malinbeg, Tieveskeelta, Grousehall, Pettigoe and Templecarn in the county of Donegal.".

(c) in column (5) (inserted by Article 3 (c) of the No. 14 Order of 1997) at reference number 53 in the Second Schedule to the Principal Order of the following:

"The area comprising the District Electoral Divisions of Ballintra (Donegal), Binbane, Bonnyglen, Clogher, Donegal, Eanymore, Haugh, Inver, Laghy, Lough Eask, Tantallon, Tawnawully, Tullynaught, Corkermore, Crowkeeragh, Crownarad, Dunkineely, Glencolumbkille, Kilcar, Kilgoly, Killybegs, Largymore, Malinbeg and Tieveskeelta in the county of Donegal.".

4. The First Schedule to the Principal Order is hereby amended by the insertion at reference number 55 in columns (2), (3), (4) and (5) (as amended by Article 2 (a) of the No. 7 Order of 1997) respectively, of the following:

"

Counties of Donegal and Leitrim

District Court Area of Ballyshannon

Ballyshannon -

The area comprising -

First Friday in each month at 10.30 a.m.

Third Friday in February, April, July, October and December at 10.30 a.m.

(a) the District Electoral Divisions of Ballintra (Ballyshannon), Ballyshannon Rural, Ballyshannon Urban, Bundoran Rural, Bundoran Urban, Carrickboy, Cavangarden and Cliff in the county of Donegal, and

(b) the District Electoral Divisions of Aghavoghill, Gubacreeny, Kinlough and Tullaghan in the county of Leitrim.

".

5. The Second Schedule to the Principal Order is hereby amended by the insertion at reference number 50 in columns (2), (3), (4) and (5) (as amended by Article 3 (a) of the No. 14 Order of 1997) respectively, of the following:

"

Counties of Donegal and Leitrim

District Court Area of Ballyshannon

Ballyshannon -

The area comprising -

First Friday in each month at 10.30 a.m.

(a) the District Electoral Divisions of Ballintra (Ballyshannon), Ballyshannon Rural, Ballyshannon Urban, Bundoran Rural, Bundoran Urban, Carrickboy, Cavangarden, Cliff, Grousehall, Pettigoe and Templecarn in the county of Donegal, and

Third Friday in February, April, July, October and December at 10.30 a.m.

(b) the District Electoral Divisions of Aghavoghill, Gubacreeny, Kinlough and Tullaghan in the county of Leitrim.

".

6. The Schedule to the District Court Areas (Amendment) Order, 1970 ( S.I. No. 161 of 1970 ), is hereby amended by the insertion at reference number 1 in column (4) (as amended by Article 4 (a) of the No. 14 Order of 1997) after "District Court Areas of " of "Ballyshannon" and after "reference numbers" of "55".

7. The days and hours for holding the District Court in the district court area of Donegal shall, in lieu of the days and hours specified in column (4) (inserted by Article 2(d) of the No. 14 Order of 1997) at reference number 59 in the First Schedule to the Principal Order, be the first Wednesday in each month at 10.30 a.m., the third Wednesday in each month at 10.30 a.m. and the third Wednesday in February, June, September and November at 3.00 p.m.

8. The days and hours for holding the District Court in the district court area of Donegal shall, in lieu of the days and hours specified in column (4) (inserted by Article 3(d) of the No. 14 Order of 1997) at reference number 53 in the Second Schedule to the Principal Order, be the first Wednesday in each month at 10.30 a.m., and the third Wednesday in each month at 10.30 a.m.

9. 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.

GIVEN under my Official Seal, this 9th day of September, 1998.

John O'Donoghue

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM.

EXPLANATORY NOTE

This Order provides for the re-creation of the District Court Area of Ballyshannon and provides for the holding of the sittings of the District Court for (a) the District Electoral Divisions of Ballintra (Ballyshannon), (Ballyshannon Rural, Ballyshannon Urban, Bundoran Rural, Bundoran Urban, Carrickboy, Cavangarden and Cliff in the county of Donegal, and (b) the District Electoral Divisions of Aghavoghill, Gubacreeny, Kinlough and Tullaghan in the county of Leitrim at Ballyshannon.