Civil Law (Miscellaneous Provisions) Act 2008

Number 14 of 2008

CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2008

REVISED

Updated to 21 August 2020

This Revised Act is an administrative consolidation of the Civil Law Miscellaneous Provisions) Act 2008. It is prepared by the Law Reform Commission in accordance with its function under the 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 the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020), enacted 6 August 2020, and all statutory instruments up to and including the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Commencement) Order 2020 (S.I. No. 306 of 2020), made 15 August 2020, 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 14 of 2008


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2008

REVISED

Updated to 21 August 2020


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

1. Short title, commencement, collective citation and construction.

2. Definition of “Minister”.

3. Repeals and revocations.

4. Expenses.

PART 2

Courts and Court Officers

5. Amendment of section 9 of Courts of Justice Act 1924.

6. Amendment of section 88 of Courts of Justice Act 1924.

7. Amendment of section 38 of Court Officers Act 1926.

8. Amendment of section 48 of Court Officers Act 1926.

9. Substitution of section 65 of Courts of Justice Act 1936.

10. Amendment of section 32A(5) of Courts (Supplemental Provisions) Act 1961.

11. Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain Supreme Court judges and High Court judges.

12. Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain Circuit Court judges.

13. Modification of pension provisions of Courts (Supplemental Provisions) Act 1961 as applied to certain District Court judges.

14. Amendment of paragraph 3 of Sixth Schedule to Courts (Supplemental Provisions) Act 1961.

15. Amendment of Eighth Schedule to Courts (Supplemental Provisions) Act 1961.

16. Amendment of section 7 of Courts Act 1964.

17. Amendment of section 5 of Courts Service Act 1998.

18. Amendment of section 6 of Courts Service Act 1998.

19. Amendment of section 1 of Courts (No. 3) Act 1986.

20. Amendment of section 67 of Courts of Justice Act 1936.

21. Amendment of section 69 of Courts of Justice Act 1936.

22. Amendment of section 71 of Courts of Justice Act 1936.

23. Substitution of sections 13A and 14 of Courts Act 1971.

24. Amendment of section 23 of Courts Act 1971.

25. Amendment of section 20 of Petty Sessions (Ireland) Act 1851.

26. Videoconferencing in civil proceedings. (Repealed)

27. Anonymity in civil proceedings in relation to medical condition of relevant person.

28. Right of assistant to accompany blind or partially sighted party, counsel or solicitor to proceedings.

29. Amendment of section 6 of Court Officers Act 1945.

30. Amendment of section 9 of Court Officers Act 1945.

31. Amendment of section 40 of Civil Liability and Courts Act 2004.

32. Increase in number of judges of District Court.

PART 3

Solicitors

33. Amendment of section 29 of Solicitors Act 1954.

34. Amendment of section 73 of Solicitors Act 1954.

35. Amendment of section 6 of Solicitors (Amendment) Act 1960.

36. Insertion of new section 6A into Solicitors (Amendment) Act 1960.

37. Amendment of section 8 of Solicitors (Amendment) Act 1960.

38. Amendment of section 2 of Solicitors (Amendment) Act 1994.

39. Amendment of section 8 of Solicitors (Amendment) Act 1994.

40. Insertion of new section 14A into Solicitors (Amendment) Act 1994.

41. Insertion of new section 14B into Solicitors (Amendment) Act 1994.

42. Insertion of new section 14C into Solicitors (Amendment) Act 1994.

43. Insertion of new section 18A into Solicitors (Amendment) Act 1994.

44. Insertion of new section 26A into Solicitors (Amendment) Act 1994.

45. Amendment of section 19 of Solicitors (Amendment) Act 2002.

46. Insertion of new section 19A into Solicitors (Amendment) Act 2002.

PART 4

Landlord and Tenant

47. Amendment of section 17 of Landlord and Tenant (Amendment) Act 1980.

48. Amendment of section 85 of Landlord and Tenant (Amendment) Act 1980.

PART 5

Statutory Declarations

49. Amendment of section 2 of Statutory Declarations Act 1938.

50. Insertion of new section 3A into Statutory Declarations Act 1938.

51. Substitution of section 6 of Statutory Declarations Act 1938.

52. Substitution of Schedule to Statutory Declarations Act 1938.

53. Amendment of section 22 of Standards in Public Office Act 2001.

PART 6

Juries

54. Amendment of section 6 of Juries Act 1976.

55. Amendment of section 11 of Juries Act 1976.

56. Amendment of section 12 of Juries Act 1976.

57. Amendment of section 13(3) of Juries Act 1976.

58. Substitution of section 25 of Juries Act 1976.

59. Amendment of section 31 of Juries Act 1976.

60. Amendment of section 34 of Juries Act 1976.

61. Amendment of section 35 of Juries Act 1976.

62. Amendment of section 36 of Juries Act 1976.

63. Amendment of section 37 of Juries Act 1976.

64. Amendment of First Schedule to Juries Act 1976.

PART 7

Bankruptcy

65. Amendment of section 85 of Bankruptcy Act 1988.

66. Amendment of section 91 of Bankruptcy Act 1988.

PART 8

Succession

67. Amendment of section 3 of Succession Act 1965.

68. Amendment of section 5 of Succession Act 1965.

PART 9

Video Recordings

69. Amendment of Video Recordings Act 1989.

PART 10

Censorship of Films

70. Amendment of Censorship of Films Act 1923.

71. Change of name of Official Censor, etc.

PART 11

Parental Leave

72. Amendment of section 6 of Parental Leave Act 1998.

PART 12

Civil Service Regulation

73. Amendment of section 2(2) of Civil Service Regulation Act 1956.

PART 13

Family Law

74. Amendment of Family Law Act 1995.

75. Amendment of Family Law (Divorce) Act 1996.

PART 14

Equal Status

76. Amendment of Equal Status Act 2000.

PART 15

Civil Legal Aid

77. Insertion of new sections 10A and 10B into Civil Legal Aid Act 1995.

78. Amendment of section 26 of Civil Legal Aid Act 1995.

79. Amendment of section 28 of Civil Legal Aid Act 1995.

80. Amendment of section 29 of Civil Legal Aid Act 1995.

81. Amendment of section 30 of Civil Legal Aid Act 1995.

PART 16

Employment Equality

82. Amendment of section 41 of Employment Equality Act 1998.

83. Amendment of section 47 of Employment Equality Act 1998.

SCHEDULE

Repeals and Revocations

PART 1

Enactments Repealed

PART 2

Statutory Instruments Revoked


Acts Referred to

Attorneys and Solicitors Act 1870

32 and 33 Vic., c.28

Bankruptcy Act 1988

1988, No. 27

Censorship of Films Act 1923

1923, No. 23

Central Bank Act 1942

1942, No. 22

Central Bank and Financial Services Authority of Ireland Act 2003

2003, No. 12

Civil Legal Aid Act 1995

1995, No. 32

Civil Liability and Courts Act 2004

2004, No. 31

Civil Service Regulation Act 1956

1956, No. 46

Civil Service Regulation (Amendment) Act 2005

2005, No. 18

Comptroller and Auditor General (Amendment) Act 1993

1993, No. 8

Courts and Court Officers (Amendment) Act 2007

2007, No. 4

Courts and Court Officers Act 1995

1995, No. 31

Courts and Court Officers Act 2002

2002, No. 15

Court Officers Act 1926

1926, No. 27

Court Officers Act 1945

1945, No. 45

Court Officers Acts 1926 to 2002

Courts (No. 2) Act 1997

1997, No. 43

Courts (No. 3) Act 1986

1986, No. 33

Courts (Supplemental Provisions) Act 1961

1961, No. 39

Courts (Supplemental Provisions) Acts 1961 to 2007

Courts Act 1964

1964, No. 11

Courts Act 1971

1971, No. 36

Courts of Justice (District Court) Act 1946

1946, No. 21

Courts of Justice Act 1924

1924, No. 10

Courts of Justice Act 1936

1936, No. 48

Courts of Justice Act 1947

1947, No. 20

Courts of Justice Act 1953

1953, No. 32

Courts Service Act 1998

1998, No. 8

Criminal Justice Act 2006

2006, No. 26

Criminal Justice (Miscellaneous Provisions) Act 1997

1997, No. 4

Criminal Law (Rape) Act 1981

1981, No. 10

Criminal Law (Rape) (Amendment) Act 1990

1990, No. 32

Criminal Law (Sexual Offences) Act 1993

1993, No. 20

Criminal Law (Sexual Offences) (Amendment) Act 2006

2006, No. 15

Criminal Law (Sexual Offences) (Amendment) Act 2007

2007, No. 6

Diplomatic and Consular Officers (Provision of Services) Act 1993

1993, No. 33

Electronic Commerce Act 2000

2000, No. 27

Employment Equality Act 1998

1998, No. 21

Employment Equality Acts 1998 to 2007

Equal Status Act 2000

2000, No. 8

Equal Status Acts 2000 to 2004

Equality Act 2004

2004, No. 24

European Communities Act 1972

1972, No. 27

Family Law Act 1995

1995, No. 26

Family Law (Divorce) Act 1996

1996, No. 33

Freedom of Information Act 1997

1997, No. 13

Garda Síochána Act 2005

2005, No. 20

Health Insurance (Amendment) Act 2001

2001, No. 17

Health Insurance Act 1994

1994, No. 16

Investment Funds, Companies and Miscellaneous Provisions Act 2006

2006, No. 41

Juries Act 1976

1976, No. 4

Landlord and Tenant (Amendment) Act 1980

1980, No. 10

Landlord and Tenant (Amendment) Act 1994

1994, No. 20

Landlord and Tenant Acts 1967 to 2005

Local Government Act 2001

2001, No. 37

Lunacy Regulation (Ireland) Act 1871

34 and 35 Vict., c.22

Parental Leave Act 1998

1998, No. 30

Parental Leave (Amendment) Act 2006

2006, No. 13

Pensions Act 1990

1990, No. 25

Petty Sessions (Ireland) Act 1851

14 and 15 Vict., c.30

Punishment of Incest Act 1908

8 Edw. 7, c.45

Refugee Act 1996

1996, No. 17

Registration of Title Act 1964

1964, No. 16

Rent Restrictions Acts 1960 and 1967

Residential Tenancies Act 2004

2004, No. 27

Restrictive Practices (Amendment) Act 1987

1987, No. 31

Sale of Goods and Supply of Services Act 1980

1980, No. 16

Solicitors (Amendment) Act 1960

1960, No. 28

Solicitors (Amendment) Act 1994

1994, No. 27

Solicitors (Amendment) Act 2002

2002, No. 19

Solicitors Act 1954

1954, No. 36

Solicitors Acts 1954 to 2002

Standards in Public Office Act 2001

2001, No. 31

Statutory Declarations Act 1938

1938, No. 37

Succession Act 1965

1965, No. 27

Video Recordings Act 1989

1989, No. 22


Number 14 of 2008


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2008

REVISED

Updated to 21 August 2020


AN ACT TO PROVIDE FOR VIDEOCONFERENCING IN CIVIL PROCEEDINGS AND FOR CERTAIN ANONYMITY IN CERTAIN CIVIL PROCEEDINGS; TO AMEND THE COURTS OF JUSTICE ACT 1924, THE COURT OFFICERS ACT 1926, THE COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961, THE COURTS ACT 1964, THE COURTS OF JUSTICE ACT 1936, THE COURTS SERVICE ACT 1998, THE COURTS (NO. 3) ACT 1986, THE COURTS ACT 1971, THE COURT OFFICERS ACT 1945, THE CIVIL LIABILITY AND COURTS ACT 2004, THE PETTY SESSIONS (IRELAND) ACT 1851, THE SOLICITORS ACT 1954, THE SOLICITORS (AMENDMENT) ACT 1960, THE SOLICITORS (AMENDMENT) ACT 1994, THE SOLICITORS (AMENDMENT) ACT 2002, THE LANDLORD AND TENANT (AMENDMENT) ACT 1980, THE STATUTORY DECLARATIONS ACT 1938, THE STANDARDS IN PUBLIC OFFICE ACT 2001, THE JURIES ACT 1976, THE BANKRUPTCY ACT 1988, THE SUCCESSION ACT 1965, THE VIDEO RECORDINGS ACT 1989, THE CENSORSHIP OF FILMS ACT 1923, THE PARENTAL LEAVE ACT 1998, THE CIVIL SERVICE REGULATION ACT 1956, THE FAMILY LAW ACT 1995, THE FAMILY LAW (DIVORCE) ACT 1996, THE EQUAL STATUS ACT 2000 (FOR THE PURPOSE OF GIVING EFFECT TO COUNCIL DIRECTIVE 2004/113/EC OF 13 DECEMBER 2004 IMPLEMENTING THE PRINCIPLE OF EQUAL TREATMENT BETWEEN MEN AND WOMEN IN THE ACCESS TO AND SUPPLY OF GOODS AND SERVICES), THE CIVIL LEGAL AID ACT 1995 AND THE EMPLOYMENT EQUALITY ACT 1998; AND TO PROVIDE FOR RELATED MATTERS, INCLUDING THE CONSEQUENTIAL REPEAL OF CERTAIN ENACTMENTS AND THE CONSEQUENTIAL REVOCATION OF CERTAIN STATUTORY INSTRUMENTS.

[14th July, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: