Garda Síochána Act 2005

SCHEDULE 4

Appointment to Ombudsman Commission of Person Holding Judicial Office

If Supreme Court judge or former Supreme Court judge is appointed member of Ombudsman Commission.

1. (1) If a person appointed as the chairperson of the Ombudsman Commission is, when so appointed, an ordinary judge of the Supreme Court, then, for so long as he or she continues to hold that judicial office, the number of ordinary judges of the Supreme Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) If the person so appointed is a former Chief Justice of the Supreme Court, the proviso to paragraph ( a) (inserted by the Courts (No. 2) Act 1997) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former Chief Justice who is appointed to be the President of the Law Reform Commission.

F167 [ If Court of Appeal judge or former President of the Court of Appeal is appointed member of Ombudsman Commission

1A. (1) If a person appointed as the chairperson of the Ombudsman Commission is, when so appointed, the President of the Court of Appeal or an ordinary judge of the Court of Appeal, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the Court of Appeal otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) If the person so appointed is a former President of the Court of Appeal, the proviso to paragraph (aa) of section 14 (1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former President of the Court of Appeal who is appointed to be a member of the Law Reform Commission.

(3) If the person so appointed is the President of the Court of Appeal, he or she may, for so long as he or she continues to be a member of the Ombudsman Commission, from time to time appoint an ordinary judge of the Court of Appeal to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the Court of Appeal under section 7D (inserted by section 19 of the Court Of Appeal Act 2014) of the Courts (Supplemental Provisions) Act 1961 . ]

If High Court judge or President or former President of High Court is appointed member of Ombudsman Commission.

2. (1) If a person appointed as the chairperson of the Ombudsman Commission is the President of the High Court or an ordinary judge of the High Court, then, for so long as he or she continues to hold the judicial office held by him or her on being so appointed, the number of ordinary judges of the High Court otherwise provided for under any enactment for the time being in force may be exceeded by one.

(2) If the person so appointed is a former President of the High Court, the proviso to paragraph ( b) (inserted by the Courts (No. 2) Act 1997) of section 14(1) of the Law Reform Commission Act 1975 applies to him or her in respect of his or her appointment as a member of the Ombudsman Commission to the like extent as it applies to a former President of the High Court who is appointed to be a member of the Law Reform Commission.

(3) If the person so appointed is the President of the High Court, he or she may, for so long as he or she continues to be a member of the Ombudsman Commission, from time to time appoint an ordinary judge of the High Court to exercise on his or her behalf (and which judge is hereby empowered to exercise) all jurisdiction exercisable by the President of the High Court under section 10(5) of the Courts (Supplemental Provisions) Act 1961.