Court of Appeal Act 2014

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Amendment of Act of 1995

12. The Act of 1995 is amended—

(a) in section 12—

(i) by the designation of that section as subsection (1),

(ii) by the insertion of the following definition after the definition of “the Board”:

“ ‘the establishment day’ has the same meaning as it has in section 2 of the Court Of Appeal Act 2014;”,

(iii) by the substitution of the following definition for the definition of “judicial office”:

“ ‘judicial office’ means an office being the office of ordinary judge of the Supreme Court, ordinary judge of the Court of Appeal, ordinary judge of the High Court, ordinary judge of the Circuit Court, specialist judge of the Circuit Court, or judge of the District Court (other than the President of the District Court).”,

and

(iv) by the insertion of the following subsection after subsection (1):

(2) The office of ordinary judge of the Court of Appeal referred to in the definition of ‘judicial office’ shall, on the commencement of section 12 (a) of the Court of Appeal Act 2014, be deemed to be a judicial office and have effect accordingly for the purposes of this Part irrespective of whether section 12 (a) of that Act is commenced before the establishment day.”,

(b) in section 13(2)(a), by the insertion of the following subparagraph after subparagraph (i):

“(ia) the President of the Court of Appeal,”,

(c) in section 15, by the insertion of the following subsection after subsection (1):

(1A) On the death or retirement of the President of the Court of Appeal, the senior ordinary judge of the Court of Appeal who is for the time being available shall be a member of the Board until the appointment of a President of the Court of Appeal.”,

and

(d) in section 16(7) (amended by section 192 of the Personal Insolvency Act 2012 )—

(i) in paragraph (a), by the substitution of the following subparagraph for subparagraph (i):

“(i) subsection (2) of section 5 (amended by section 11 of the Court of Appeal Act 2014) of the Act of 1961 (in the case of an appointment to the office of ordinary judge of the Supreme Court, of ordinary judge of the Court of Appeal or of ordinary judge of the High Court),”,

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) (i) The Board shall recommend a person to the Minister under this section only if the Board is of the opinion that the person—

(I) has displayed in his or her practice as a barrister or a solicitor a degree of competence and a degree of probity appropriate to and consistent with the appointment concerned,

(II) in the case of an appointment to the office of ordinary judge of the Supreme Court, of ordinary judge of the Court of Appeal or of ordinary judge of the High Court, has an appropriate knowledge of the decisions, and an appropriate knowledge and appropriate experience of the practice and procedure, of the Supreme Court, the Court of Appeal and the High Court,

(III) is suitable on the grounds of character and temperament,

(IV) complies with the requirements of section 19 of this Act, and

(V) is otherwise suitable.

(ii) In determining whether the requirements of subparagraph (i)(II) are satisfied, the Board shall have regard, in particular, to the nature and extent of the practice of the person concerned insofar as it relates to his or her personal conduct of proceedings in the Supreme Court, the Court of Appeal and the High Court whether as an advocate or as a solicitor instructing counsel in such proceedings or both.”,

and

(iii) by the insertion of the following paragraph after paragraph (b):

“(c) Paragraph (b)(i)(II), in so far as it relates to knowledge of decisions of, and practice and procedure of, the Court of Appeal, shall not apply in relation to the first appointment of the judges of the Court of Appeal.”.