LAW REFORM COMMISSION ACT 1975


Number 3 of 1975


LAW REFORM COMMISSION ACT 1975

REVISED

Updated to 30 November 2015


This Revised Act is an administrative consolidation of Law Reform Commission Act 1975. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Financial Emergency Measures in the Public Interest Act 2015 (39/2015), enacted 27 November 2015, and all statutory instruments up to and including Financial Emergency Measures in the Public Interest Act 2015 (Commencement) Order 2015 (S.I. No. 546 of 2015), made 30 November 2015, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 3 of 1975


LAW REFORM COMMISSION ACT 1975

REVISED

Updated to 30 November 2015


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1999, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Court of Appeal Act 2014 (18/2014)

Personal Insolvency Act 2012 (44/2012)

Public Service Management (Recruitment and Appointments) Act 2004 (33/2004)

Courts and Court Officers Act 2002 (15/2002)

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

Courts Act 1997 (7/1997)

Courts and Court Officers Act 1995 (31/1995)

Courts Act 1991 (20/1991)

Pensions Act 1990 (25/1990)

Courts Act 1985 (23/1985)

Courts (No. 2) Act 1981 (31/1981)

Courts Act 1979 (15/1979)

Courts Act 1977 (11/1977)

All Acts up to and including Financial Emergency Measures in the Public Interest Act 2015 (39/2015), enacted 27 November 2015, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Law Reform Commissioner Superannuation Scheme 2010 (S.I. No. 223 of 2010)

Law Reform Commission Superannuation (Consolidation) (Amendment) Scheme 2009 (S.I. No. 442 of 2009)

Occupational Pension Schemes (Preservation of Benefits) (Amendment) Regulations 2009 (S.I. No. 70 of 2009)

Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987)

Law Reform Commission (Establishment Day) Order 1975 (S.I. No. 214 of 1975)

All statutory instruments up to and including Financial Emergency Measures in the Public Interest Act 2015 (Commencement) Order 2015 (S.I. No. 546 of 2015), made 30 November 2015, were considered in the preparation of this revision.


Number 3 of 1975


LAW REFORM COMMISSION ACT 1975

REVISED

Updated to 30 November 2015


ARRANGEMENT OF SECTIONS


Acts Referred to

Civil Service Commissioners Act, 1956

1956, No. 45

Civil Service Regulation Act, 1956

1956, No. 46

Courts (Supplemental Provisions) Act, 1961

1961, No. 39

Superannuation Act, 1859

1859, Sess. 1, c. 26

Courts Act, 1973

1973, No. 26

Courts of Justice Act, 1936

1936, No. 48


Number 3 of 1975


LAW REFORM COMMISSION ACT 1975

REVISED

Updated to 30 November 2015


AN ACT TO ESTABLISH A BODY TO BE KNOWN AS THE LAW REFORM COMMISSION, TO DEFINE ITS FUNCTIONS AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16 th April, 1975]

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Finance” and “Minister for Finance” construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.

2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.

(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.

3. The functions conferred on the Minister for Finance by or under the provisions of —

(a) the enactments specified in Schedule 1, and

(b) the statutory instruments specified in Schedule 2,

are transferred to the Minister for Public Expenditure and Reform.

...

5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.

...

Schedule 1

Enactments

...

Part 2

1922 to 2011 Enactments

Number and Year

Short Title

Provision

(1)

(2)

(3)

...

...

...

No. 3 of 1975

Law Reform Commission Act 1975

Sections 8 and 9

...

...

...

C2

Functions transferred and references to “Department of Public Service” and “Minister for Public Service” construed (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987), arts. 3, 4, 7-9, subject to transitional provisions in arts. 5, 6.

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.

(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.

4. (1) The functions vested in the Minister for the Public Service—

(a) by or under the Ministers and Secretaries (Amendment) Act, 1973 (No. 14 of 1973), or the statutes mentioned in the Schedule to this Order, and

...

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

...

SCHEDULE

Acts, functions under which are transferred to the Minister for Finance

...

Law Reform Commission Act, 1975 (No. 3 of 1975);

...