Court of Appeal Act 2014

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Number 18 of 2014


COURT OF APPEAL ACT 2014


CONTENTS

PART 1

Preliminary and General

Section

1. Short title, commencement, construction and collective citations

2. Definitions

3. Regulations to remove difficulties

4. Expenses

PART 2

Court of Appeal

Chapter 1

Establishment of Court of Appeal

5. Establishment day

6. Establishment and constitution of Court of Appeal

7. Amendment of section 2 of Act of 1961

8. General jurisdiction of Court of Appeal

9. Power of Court of Appeal to stay proceedings to enable parties to apply to Supreme Court in certain circumstances

10. President of Court of Appeal may issue practice directions

Chapter 2

Appointment of Judges of Court of Appeal

11. Amendment of section 5 of Act of 1961

12. Amendment of Act of 1995

13. Advice on appointment to judicial office

Chapter 3

Remuneration of Judges, etc.

14. Amendment of section 46 of Act of 1961

15. Amendment of Courts of Justice and Court Officers (Superannuation) Act 1961

16. Pensions of Supreme Court, Court of Appeal and High Court judges

17. Amendment of Courts (Supplemental Provisions) (Amendment) Act 1991

18. Retirement age of judge of Court of Appeal

Chapter 4

President of Court of Appeal

19. President of Court of Appeal

20. Amendment of section 35 of Act of 1936

Chapter 5

Rules etc.

21. Amendment of section 36 of Act of 1924

22. Amendment of section 67 of Act of 1936

23. Amendment of section 14 of Act of 1961

Chapter 6

Office of Registrar of Court of Appeal

24. Office of Registrar of Court of Appeal and Registrar of Court of Appeal

25. Deputies for principal officers - office of Registrar of Court of Appeal

26. Amendment of section 55 of Act of 1961

27. Amendment of section 9 of Court Officers Act 1945

Chapter 7

General

28. Precedence between judges of Supreme Court, Court of Appeal and High Court

29. Mode of address

30. References to senior ordinary judge

31. Further amendment of Courts (No. 2) Act 1997

32. Amendment of section 2 of Courts (Establishment and Constitution) Act 1961

33. Amendment of section 18 of Courts Act 1981

34. Completion of partly heard cases by judge appointed to higher court

PART 3

Amendments of other Acts

35. Amendment of section 24 of Act of 1924

36. Amendment of Court Officers Act 1926

37. Amendment of section 8 of Offences Against the State (Amendment) Act 1940

38. Amendment of section 57E of Central Bank Act 1942

39. Amendment of section 2 of Irish Legal Terms Act 1945

40. Amendment of section 12 of Seanad Electoral (Panel Members) Act 1947

41. Amendment of section 5 of Courts of Justice Act 1953

42. Amendment of section 50 of Greyhound Industry Act 1958

43. Amendment of Courts (Establishment and Constitution) Act 1961

44. Amendment of Act of 1961

45. Amendment of Criminal Justice (Legal Aid) Act 1962

46. Amendment of section 8 of Geneva Conventions Act 1962

47. Amendment of section 34 of Criminal Procedure Act 1967

48. Amendment of Law Reform Commission Act 1975

49. Amendment of Courts-Martial Appeals Act 1983

50. Application where conviction or sentence of court-martial

51. Amendment of section 4 of Criminal Justice Act 1993

52. Amendment of section 21 of Ethics in Public Office Act 1995

53. Further amendment of Act of 1995

54. Amendment of section 27 of Civil Legal Aid Act 1995

55. Amendment of Electoral Act 1997

56. Amendment of section 196 of Taxes Consolidation Act 1997

57. Amendment of section 11 of Courts Service Act 1998

58. Amendment of section 20 of Referendum Act 1998

59. Amendment of Jurisdiction of Courts and Enforcement of Judgments Act 1998

60. Amendment of Human Rights Commission Act 2000

61. Amendment of Standards in Public Office Act 2001

62. Amendment of Courts and Court Officers Act 2002

63. Amendment of European Convention on Human Rights Act 2003

64. Amendment of Garda Síochána Act 2005

65. Amendment of Criminal Law (Insanity) Act 2006

66. Amendment of section 181 of Criminal Justice Act 2006

67. Amendment of Building Control Act 2007

68. Amendment of section 2 of Charities Act 2009

69. Amendment of Courts and Court Officers Act 2009

70. Amendment of section 98 of Adoption Act 2010

71. Amendment of Criminal Procedure Act 2010

72. Amendment of Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013

PART 4

Miscellaneous

73. Repeals

74. Construction of references - Supreme Court

75. Construction of references in respect of decisions of High Court being final subject to further appeal in certain circumstances

76. Construction of references in respect of decisions of High Court being final and not subject to further appeal

77. Construction of references - Court of Criminal Appeal and Courts-Martial Appeal Court

78. Transitional provisions

79. Continuity and enforcement of administration of justice not affected

SCHEDULE 1

Repeals

SCHEDULE 2

Consequential Amendments


Acts Referred to

Adoption Act 2010 (No. 21)

Building Control Act 2007 (No. 21)

Central Bank Act 1942 (No. 22)

Central Bank and Financial Services Authority of Ireland Act 2003 (No. 12)

Charities Act 2009 (No. 6)

Civil Law (Miscellaneous Provisions) Act 2008 (No. 14)

Civil Law (Miscellaneous Provisions) Act 2011 (No. 23)

Civil Legal Aid Act 1995 (No. 32)

Court Officers Act 1926 (No. 27)

Court Officers Act 1945 (No. 25)

Court Officers Acts 1926 to 2012

Courts (Establishment and Constitution) Act 1961 (No. 38)

Courts (No. 2) Act 1997 (No. 43)

Courts (Supplemental Provisions) (Amendment) Act 1991 (No. 23)

Courts (Supplemental Provisions) Act 1961 (No. 39)

Courts (Supplemental Provisions) Acts 1961 to 2013

Courts Act 1981 (No. 11)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (No. 32)

Courts and Court Officers Act 1995 (No. 31)

Courts and Court Officers Act 2002 (No. 15)

Courts and Court Officers Act 2009 (No. 36)

Courts of Justice Act 1924 (No. 10)

Courts of Justice Act 1928 (No. 15)

Courts of Justice Act 1936 (No. 48)

Courts of Justice Act 1953 (No. 32)

Courts of Justice Acts 1924 to 2008

Courts of Justice and Court Officers (Superannuation) Act 1961 (No. 16)

Courts Service Act 1998 (No. 8)

Courts-Martial Appeals Act 1983 (No. 19)

Criminal Justice (Illicit Traffic by Sea) Act 2003 (No. 18)

Criminal Justice (Legal Aid) Act 1962 (No. 12)

Criminal Justice Act 1993 (No. 6)

Criminal Justice Act 2006 (No. 26)

Criminal Law (Insanity) Act 2006 (No. 11)

Criminal Procedure Act 1967 (No. 12)

Criminal Procedure Act 1993 (No. 40)

Criminal Procedure Act 2010 (No. 27)

Defence Act 1954 (No. 18)

Electoral Act 1997 (No. 25)

Ethics in Public Office Act 1995 (No. 22)

European Convention on Human Rights Act 2003 (No. 20)

Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (No. 39)

Garda Síochána Act 2005 (No. 20)

Geneva Conventions Act 1962 (No. 11)

Greyhound Industry Act 1958 (No. 12)

Houses of the Oireachtas (Inquiries, Privileges and Procedures) Act 2013 (No. 33)

Human Rights Commission Act 2000 (No. 9)

International Criminal Court Act 2006 (No. 30)

International War Crimes Tribunals Act 1998 (No. 40)

Irish Legal Terms Act 1945 (No. 18)

Jurisdiction of Courts and Enforcement of Judgments (Amendment) Act 2012 (No. 7)

Jurisdiction of Courts and Enforcement of Judgments Act 1998 (No. 52)

Law Reform Commission Act 1975 (No. 3)

Offences Against the State (Amendment) Act 1940 (No. 2)

Patents Act 1992 (No. 1)

Personal Insolvency Act 2012 (No. 44)

Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (No. 37)

Referendum Act 1998 (No. 1)

Seanad Electoral (Panel Members) Act 1947 (No. 42)

Standards in Public Office Act 2001 (No. 31)

Taxes Consolidation Act 1997 (No. 39)

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Number 18 of 2014


COURT OF APPEAL ACT 2014


An Act to provide, in pursuance of Article 34 of the Constitution, for the establishment of the Court of Appeal referred to in paragraph ii of Article 34.2 of the Constitution; to specify the jurisdiction of the court; to provide, in relation to the said court, for matters supplementary to the court and the judges and officers of that court; to provide that the Supreme Court may, in certain circumstances, hear certain applications made to it in respect of decisions of the Court of Appeal or the High Court otherwise than with an oral hearing; to provide that the Chief Justice or the President of the Court of Appeal may issue directions in relation to the conduct of appeals or applications made to the Supreme Court or the Court of Appeal; to make provision in relation to the conduct of proceedings before those courts; for those purposes, to amend the Courts (Establishment and Constitution) Act 1961 , the Courts (Supplemental Provisions) Act 1961 and certain other enactments; to provide for the repeal of certain enactments; and to provide for related matters. [20 th July, 2014]

Be it enacted by the Oireachtas as follows: