Courts and Court Officers Act, 2002

Amendment of Act of 1998.

44.—The Act of 1998 is amended by the substitution of the following section for section 33:

“33.—(1) The Service shall be deemed to be a State authority for the purposes of section 181(1) of the Act of 2000.

(2) (a) Notwithstanding subsection (1) of section 181 of the Act of 2000 or any regulations made under that subsection which provide for the giving of any specified notice with respect to proposed development consisting of the provision of temporary courthouses, it shall be necessary to give such notice of such proposed development once only.

(b) In paragraph (a), ‘courthouses’ means buildings, or other premises or installations, or other structures or facilities, whether provided on a temporary or permanent basis, used for the purposes of or in connection with the transaction of any business relating to a court, tribunal, inquiry or inquest established by statute.

(3) Where development is proposed to be carried out by or on behalf of the Service, the Minister may, if he or she is satisfied that the carrying out of the development is required by reason of an accident or emergency, by order provide that the Act of 2000 or, as may be appropriate, any requirement or requirements of regulations under section 181(1)(b) of the Act of 2000 specified in the order, shall not apply to the development, and for so long as such an order is in force the Act of 2000 or the said requirement or requirements, as the case may be, shall not apply to the development.

(4) The Minister may by order revoke an order made by him or her under subsection (3).

(5) The Minister shall cause an order made by him or her under subsection (3) or (4) to be published in the Iris Oifigiúil and notice of the making of the order to be published in a newspaper circulating in the area of the development concerned.

(6) In this section, ‘Act of 2000’ means Planning and Development Act, 2000.”.