Courts and Court Officers Act, 1995

PART X

Miscellaneous

Amendment of section 34 of Courts of Justice Act, 1936.

42.Section 34 of the Courts of Justice Act, 1936 , is hereby amended by the substitution of the following section therefor:

“The High Court on Circuit.

34.—(1) Twice in every year, at such times as shall be determined by the Chief Justice and the President of the High Court, the High Court shall sit in every county and county borough (other than the county of Dublin and the county borough of Dublin) to hear appeals from the Circuit Court and to transact such other business as shall lawfully be brought before it, and for that purpose one or more judges of the High Court shall travel each High Court Circuit and hold sittings of the High Court in such appeal towns where their attendance is required as determined by the President of the High Court.

(2) The High Court when sitting in an appeal town in pursuance of this section shall be known and is in this Act referred to as the High Court on Circuit, and the sittings of the High Court in any such appeal town in pursuance of this section shall be known and are in this Act referred to as sittings of the High Court on Circuit.

(3) The Chief Justice and the President of the High Court shall jointly determine, in respect of each twice-yearly sitting of the High Court on Circuit, the number of judges who shall travel and sit on a High Court Circuit for the purposes of sittings of the High Court on Circuit and the day and hour at which such sittings shall commence in an appeal town on each such Circuit.

(4) Where—

(a) two or more judges are travelling a High Court Circuit for the purpose of holding therein any twice-yearly sittings of the High Court on Circuit, and

(b) the senior of the judges ascertains that there is no business to be transacted at such sittings in any particular appeal town for a county or county borough in that High Court Circuit,

the senior of the judges may direct in writing that it shall not be obligatory to hold such sittings in that appeal town.

(5) Where—

(a) one judge only is travelling a High Court Circuit for the purpose of holding therein any twice-yearly sittings of the High Court on Circuit, and

(b) the judge ascertains that there is no business to be transacted at such sittings in any particular appeal town for a county or county borough in that High Court Circuit,

the judge may direct in writing that it shall not be obligatory to hold such sittings in that appeal town.

(6) A direction under this section may be filed in the Circuit Court Office serving the appeal town to which the direction relates.

(7) The references in sections 35 and 36 of the Courts of Justice Act, 1936 , to ‘half-yearly’ shall be construed as references to ‘twice-yearly’.”.