S.I. No. 146/1999 - District Court Districts and Areas (Amendment) and Variation of Days (No. 4) 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. 4) Order, 1999.

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

2. In this Order—

“the No. 38 Order of 1997” means the District Court Districts and Areas (Section 26) (No. 13) Order, 1997;

“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 62 in columns (2), (3), (4) and (5) (as amended by Article 2(a) of the No. 38 Order of 1997), respectively, of the following:

“County of Donegal

District Court Area of Falcarragh

Falcarragh— Fourth Wednesday in February, March, May, June, September, and November at 10.30 a.m.

The area comprising — (a) the District Electoral Divisions of Ards, Creenasmear, Creeslough, Doe Castle, Dunfanaghy, Cross Roads, Dunlew and Gortahork in the County of Donegal, and (b) that portion of the District Electoral Division of Meenaclady in the county of Donegal comprising Tory Island.”,

(b) the substitution for the matter in column (4) at reference number 65 (inserted by Article 2(c) of the No. 38 Order of 1997), of the following:

“Letterkenny—

First and Third Thursday at 10.30 a.m.

Second Friday in each month at 10.30 a.m.

Fourth Thursday in each month at 10.30 a.m.

First Tuesday in each month at 10.30 a.m.

Second Wednesday in each month at 10.30 a.m.”, and

(c) the substitution for the matter in column (5) at reference number 65 (inserted by Article 2(b) of the No. 38 Order of 1997), of the following:

“The area comprising:

the District Electoral Divisions of Ballymacool, Castlewray, Church Hill, Corravaddy, Edenacarnan, Gartan, Gortnavern, Killymasny, Kilmacrenan, Letterkenny Rural, Letterkenny Urban, Magheraboy, Manorcunningham, Meencargagh, Seacor, Templedouglas, Termon, Altnapaste, Cloghan, Cloghard, Dooish, Gleneely (Stranorlar), Goland, Killygordan, Knock, Lettermore, Stranorlar, Convoy, Feddy-glass, Figart, Kincraigy, Raphoe, St. Johnstown, Treantaghmucklagh, Killea, Newtown Cunningham, Castlefinn, Clonleigh North, Clonleigh South, Urney West, Ballyarr, Carrickart, Carrowkeel, Cranford, Fanad North, Fanad West, Glen, Glenalla, Greenfort, Killygarvan, Knockalla, Loughkeel, Milford, Rathmelton, Rathmullen, Rosguill and Rosnakill in the County of Donegal.”.

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

(a) the insertion at reference number 56 in columns (2), (3), (4) and (5) (as amended by Article 3(a) of the No. 38 Order of 1997), respectively, of the following:

“County of Donegal

District Court Area of Falcarragh

Falcarragh— Fourth Wednesday in February, March, May, June, September, and November at 10.30 a.m.

The area comprising — (a) the District Electoral Divisions of Ards, Creenasmear, Creeslough, Doe Castle, Dunfanaghy, Cross Roads, Dunlew and Gortahork in the County of Donegal, and (b) that portion of the District Electoral Division of Meenaclady in the county of Donegal comprising Tory Island.”,

(b) the substitution for the matter in column (4) at reference number 59 (inserted by Article 3(c) of the No. 38 Order of 1997), of the following:

“Letterkenny—

First and Third Thursday at 10.30 a.m.

Second Friday in each month at 10.30 a.m.

Fourth Thursday in each month at 10.30 a.m.

First Tuesday in each month at 10.30 a.m.

Second Wednesday in each month at 10.30 a.m.”, and

(c) the substitution for the matter in column (5) at reference number 59 (inserted by Article 3(b) of the No. 38 Order of 1997), of the following:

“The area comprising:

the District Electoral Divisions of Ballymacool, Castlewray, Church Hill, Corravaddy, Edenacarnan, Gartan, Gortnavern, Killymasny, Kilmacrenan, Letterkenny Rural, Letterkenny Urban, Magheraboy, Manorcunningham, Meencargagh, Seacor, Templedouglas, Termon, Altnapaste, Cloghan, Cloghard, Dooish, Gleneely (Stranorlar), Goland, Killygordan, Knock, Lettermore, Stranoriar, Convoy, Feddy-glass, Figart, Kincraigy, Raphoe, St. Johnstown, Treantaghmucklagh, Killea, Newtown Cunningham, Castlefinn, Clonleigh North, Clonleigh South, Urney West, Ballyarr, Carrickart, Carrowkeel, Cranford, Fanad North, Fanad West, Glen, Glenalla, Greenfort, Killygarvan, Knockalla, Loughkeel, Milford, Rathmelton, Rathmullen, Rosguill and Rosnakill in the County of Donegal.”.

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 1 in column (4) (as amended by Article 4(a) of the No. 38 Order of 1997) after “Dungloe,” of “Falcarragh,” and after “61,” of “62,”.

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 24th day of May, 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 Falcarragh and provides for the holding of the sittings of the District Court for the District Electoral Divisions of Ards, Creenasmear, Creeslough, Doe Castle, Dunfanaghy, Cross Roads, Dunlewy and Gortahork in the county of Donegal, and that portion of the District Electoral Division of Meenaclady in the county of Donegal comprising Tory Island at Falcarragh.