Civil Law (Miscellaneous Provisions) Act 2011


Number 23 of 2011


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 7 April 2017


This Revised Act is an administrative consolidation of the Civil Law (Miscellaneous Provisions) Act 2011. 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 Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, and all statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, 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 23 of 2011


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 7 April 2017


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

Equal Status Acts 2000 to 2015 : this Act is one of a group of Acts included in this collective citation ( Equality (Miscellaneous Provisions) Act 2015, s. 16(4)). The Acts in the group are:

Equal Status Act 2000 (8/2000)

Intoxicating Liquor Act 2003 (31/2003), s. 25

Equality Act 2004 (24/2004), Part 3

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part 14

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 21 insofar as it refers to s. 21 of the Equal Status Act 2000 and ss. 27 to 29

Equal Status (Amendment) Act 2012 (41/2011)

Equality (Miscellaneous Provisions) Act 2015 (43/2015), ss. 12-15

Tribunals of Inquiry (Evidence) Acts 1921 to 2011 : this Act is one of a group of Acts included in this collective citation ( Civil Law (Miscellaneous Provisions) Act 2011, s. 1(9)). The Acts in the group are:

Tribunals of Inquiry (Evidence) Act 1921 (1921 c. 7)

Tribunals of Inquiry (Evidence) (Amendment) Act 1979 (3/1979)

Tribunals of Inquiry (Evidence) (Amendment) Act 1997 (42/1997)

Tribunals of Inquiry (Evidence) (Amendment) Act 1998 (11/1998)

Tribunals of Inquiry (Evidence) (Amendment) Act 2002 (7/2002)

Tribunals of Inquiry (Evidence) (Amendment) Act 2004 (13/2004)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 60

Domestic Violence Acts 1996 to 2011 : this Act is one of a group of Acts included in this collective citation ( Civil Law (Miscellaneous Provisions) Act 2011, s. 1(8)). The Acts in the group are:

Domestic Violence Act 1996 (1/1996)

Domestic Violence (Amendment) Act 2002 (30/2002)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 60

Solicitors Acts 1954 to 2015 : this Act is one of a group of Acts included in this collective citation ( Legal Services Regulation Act 2015, s. 1(4)). The Acts in the group are:

Solicitors Act 1954 (36/1954)

Solicitors (Amendment) Act 1960 (37/1960)

Solicitors (Amendment) Act 1994 (27/1994)

Solicitors (Amendment) Act 2002 (19/2002)

Legal Practitioners (Irish Language) Act 2008 (12/2008), s. 2

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), part 3

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 58

Legal Services Regulation Act 2015 (65/2015), Part 13

Bankruptcy Acts 1988 to 2015 : this Act is one of a group of Acts included in this collective citation ( Bankruptcy Act 2015, s. 16(2)). The Acts in the group are:

Bankruptcy Act 1988 (27/1988)

Euro Changeover (Amounts) Act 2001 (16/2001), ss. 7 and 9(5)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), part 7

Bankruptcy (Amendment) Act 2015 (60/2015)

Employment Equality Acts 1998 to 2015: this Act is one of a group of Acts included in this collective citation ( Equality (Miscellaneous Provisions) Act 2015, s. 16(3)). The Acts in the group are:

Employment Equality Act 1998 (21/1998)

Equality Act 2004 (24/2004), Part 2

Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (27/2007), insofar as it relates to the Employment Equality Acts 1998 and 2004

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part 16

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), ss. 18 to 26

Equality (Miscellaneous Provisions) Act 2015 (43/2015), ss. 3 to 11

Licensing Acts 1833 to 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 1(3)). The Acts in this group are:

Licensing (Ireland) Act 1833 (3 & 4 Will. 4. c. 68)

Licensing (Ireland) Act 1836 (6 & 7 Will. 4. c. 38)

Licensing (Ireland) Act 1855 (18 & 19 Vict. c. 62)

Public House (Ireland) Act 1855 (18 & 19 Vict. c. 114)

Licensing (Ireland) Act 1860 (23 & 24 Vict. c. 35)

Beerhouse (Ireland) Act 1864 (27 & 28 Vict. c. 35)

Beerhouse (Ireland) Act (1864) Amendment Act 1871 (34 & 35 Vict. c. 111)

Licensing Act 1872 (35 & 36 Vict. c. 94)

Licensing Act (Ireland) 1874 (37 & 38 Vict. c. 69)

Beer Licences Regulation (Ireland) Act 1877 (40 & 41 Vict. c. 4)

Beer Dealers' Retail Licences (Amendment) Act 1882 (45 & 46 Vict. c. 34)

Intoxicating Liquors (Sale to Children) Act 1886 (49 & 50 Vict. c. 56)

Beer Retailers' & Spirit Grocers' Retail Licences (Ireland) Act 1900 (63 & 64 Vict. c. 30)

Licensing (Ireland) Act 1905 (5 Edw. 7. c. 3), Parts I, II and V

Intoxicating Liquor (General) Act 1924 (62/1924), Parts I, II and V

Intoxicating Liquor Act 1927 (15/1927), Parts I, II, III, IV, and VI

Intoxicating Liquor (Amendment) Act 1929 (14/1929)

Intoxicating Liquor (Amendment) (No. 2) Act 1929 (20/1929)

Intoxicating Liquor Act 1943 (7/1943)

Intoxicating Liquor Act 1946 (33/1946)

Tourist Traffic Act 1952 (15/1952), Part VI

Intoxicating Liquor Act 1953 (30/1953)

Intoxicating Liquor Act 1960 (18/1960), in so far as it amends and extends the Licensing Acts 1833 to 1953

Intoxicating Liquor Act 1962 (21/1962), in so far as it amends and extends the Licensing Acts 1833 TO 1960

Intoxicating Liquor Act 1977 (8/1977)

Intoxicating Liquor Act 1981 (5/1981), in so far as it amends the Licensing Acts 1833 to 1977

Intoxicating Liquor (National Concert Hall) Act 1983 (34/1983)

Courts (No. 2) Act 1986 (26/1986), ss. 4 , 6 and 7 and, in so far as they relate to the law on intoxicating liquor, s. 9 and sch. 1

Intoxicating Liquor Act 1988 (16/1988), in so far as it amends and extends the Licensing Acts 1833 to 1986

Irish Horseracing Industry Act 1994 (18/1994), Part IX

Intoxicating Liquor Act 1995 (33/1995), other than s. 5(2)

National Cultural Institutions Act 1997 (11/1997), in so far as it amends or extends the Licensing Acts 1833 to 1995

Licensing (Combating Drug Abuse) Act 1997 (33/1997), ss. 2 and 21, in so far as they relate to intoxicating liquor licences and ss. 17 and 20

Intoxicating Liquor Act 1999 (32/1999), in so far as it amends and extends the Licensing Acts 1833 to 1997

Intoxicating Liquor Act 2000 (17/2000), in so far as it amends and extends the Licensing Acts 1833 to 1999

Criminal Justice (Public Order) Act 2003 (16/2003)

Intoxicating Liquor Act 2003 (31/2003), in so far as it amends and extends the Licensing Acts 1833 to 2003

Intoxicating Liquor Act 2004 (34/2004)

Intoxicating Liquor Act 2008 (17/2008),* s. 3, Part 2 and sch. 1, in so far as they amend and extend the Licensing Acts 1833 to 2004

Intoxicating Liquor (National Conference Centre) Act 2010 (9/2010), s. 1

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 17

Private Security Services Acts 2004 and 2011: this Act is one of a group of Acts included in this collective citation ( Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 1(2)). The Acts in this group are:

Private Security Services Act 2004 (12/2004)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), Part 4

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 1996, 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

Freedom of Information Act 2014 (30/2014)

Equal Status (Amendment) Act 2012 (41/2011)

All Acts up to and including Health (Amendment) Act 2017 (5/2017), enacted 31 March 2017, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Civil Law (Miscellaneous Provisions) Act 2011 (Commencement) Order 2012 (S.I. No. 215 of 2012)

Civil Law (Miscellaneous Provisions) Act 2011 (Commencement) (No. 2) Order 2011 (S.I. No. 539 of 2011)

Civil Law (Miscellaneous Provisions) Act 2011 (Commencement) Order 2011 (S.I. No. 508 of 2011)

Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (S.I. No. 480 of 2011)

All statutory instruments up to and including European Union Habitats (Blackwater Bank Special Area of Conservation 002953) Regulations 2017 (S.I. No. 149 of 2017), made 7 April 2017, were considered in the preparation of this revision.


Number 23 of 2011


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 7 April 2017


ARRANGEMENT OF SECTIONS

PART 1

Preliminary and General

Section

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

2. Definition.

PART 2

Civil Legal Aid

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

PART 3

Good Samaritans, etc.

4. Liability for negligence of good samaritans, volunteers and volunteer organisations.

PART 4

Private Security Services

5. Definition ( Part 4).

6. Amendment of section 2 of Act of 2004.

7. Amendment of section 14 of Act of 2004.

8. Amendment of section 18 of Act of 2004.

9. Amendment of section 21 of Act of 2004.

10. Amendment of section 22 of Act of 2004.

11. Amendment of section 23 of Act of 2004.

12. Temporary licence under Act of 2004.

13. Amendment of section 37 of Act of 2004.

14. Amendment of section 48 of Act of 2004.

15. Amendment of section 51 of Act of 2004.

16. Amendment of Schedule 2 to Act of 2004.

PART 5

Intoxicating Liquor

17. Codes of practice.

PART 6

Equality

18. Definitions ( Part 6).

19. Amendment of section 2 of Act of 1998.

20. Amendment of section 5 of Act of 1998.

21. Amendment of section 75 of Act of 1998.

22. Amendment of section 77 of Act of 1998.

23. Amendment of section 78(7)( b) of Act of 1998.

24. Amendment of section 79 of Act of 1998.

25. Amendment of section 82 of Act of 1998.

26. Amendment of section 83 of Act of 1998.

27. Amendment of section 21 of Act of 2000.

28. Amendment of section 25 of Act of 2000.

29. Amendment of section 39 of Act of 2000.

PART 7

Bankruptcy

30. Amendment of Bankruptcy Act 1988.

PART 8

Amendment of Family Law (Maintenance of Spouses and Children) Act 1976

31. Amendment of Family Law (Maintenance of Spouses and Children) Act 1976.

PART 9

Coroners

32. Amendment of Coroners Act 1962.

PART 10

Amendment of Irish Nationality and Citizenship Act 1956

33. Amendment of Irish Nationality and Citizenship Act 1956.

PART 11

Immigration

34. Amendment of Immigration Act 2004.

PART 12

Amendment of Land and Conveyancing Law Reform Act 2009

35. Definition ( Part 12).

36. Amendment of section 27(1) of Act of 2009.

37. Amendment of section 35 of Act of 2009.

38. Amendment of section 38 of Act of 2009.

39. Amendment of section 39 of Act of 2009.

PART 13

Amendment of Registration of Title Act 1964

40. Definition ( Part 13).

41. Amendment of Act of 1964 (insertion of section 49A).

42. Amendment of section 69 of Act of 1964.

PART 14

Taxing-Masters

43. Appointment of Taxing-Masters.

PART 15

Tribunals of Inquiry

44. Interpretation ( Part 15).

45. Application of Part 15.

46. Deposition of relevant material following completion of inquiry, etc.

47. Availability of relevant material for inspection by public under National Archives Act 1986.

48. Restriction of Freedom of Information Acts 1997 and 2003.

PART 16

Family Mediation Services

49. Definitions ( Part 16).

50. Transfer of functions relating to family mediation services from Agency to Board.

51. Transfer of certain property.

52. Transfer of certain rights and liabilities.

53. Transfer of officers and staff.

54. Amendment of Civil Legal Aid Act 1995.

55. Amendment of Family Support Agency Act 2001.

PART 17

Miscellaneous

56. Amendment of Personal Injuries Assessment Board Act 2003.

57. Amendment of section 40 of Commissions of Investigation Act 2004.

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

59. Amendment of section 1 of Statutory Declarations Act 1938.

60. Amendment of Domestic Violence Act 1996.

61. Amendment of Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.

62. Amendment of Official Languages Act 2003.

63. Amendment of section 8 of Enforcement of Court Orders Act 1940.

64. Amendment of Courts of Justice Act 1936.

65. Amendment of Second Schedule to Courts and Court Officers Act 1995.

66. Amendment of section 65 of Courts of Justice Act 1936.

SCHEDULE

“SECOND SCHEDULE


Acts Referred to

Adoptive Leave Acts 1995 and 2005

Bankruptcy Act 1988

1988, No. 27

Bankruptcy Acts 1988 to 2001

Carer’s Leave Act 2001

2001, No. 19

Charities Act 2009

2009, No. 6

Child Trafficking and Pornography Act 1998

1998, No. 22

Civil Law (Miscellaneous Provisions) Act 2008

2008, No. 14

Civil Legal Aid Act 1995

1995, No. 32

Civil Liability Act 1961

1961, No. 41

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010

2010, No. 24

Civil Registration Act 2004

2004, No. 3

Civil Service Regulations Act 1956

1956, No. 46

Commissions of Investigations Act 2004

2004, No. 23

Coroners Act 1962

1962, No. 9

Courts (Establishment and Constitution) Act 1961

1961, No. 38

Courts (No. 2) Act 1986

1986, No. 26

Courts (Supplemental Provisions) Act 1961

1961, No. 31

Courts and Court Officers Act 1995

1995, No. 31

Courts and Court Officers Act 2002

2002, No. 15

Criminal Law (Human Trafficking) Act 2008

2008, No. 8

Courts of Justice Act 1936

1936, No. 48

Domestic Violence Act 1996

1996, No. 1

Domestic Violence Acts 1996 and 2002

Employment Equality Act 1998

1998, No. 21

Employment Equality Acts 1998 to 2008

Enforcement of Court Orders Acts 1926 to 2009

Enforcement of Court Orders Act 1940

1940, No. 23

Equal Status Act 2000

2000, No. 8

Equal Status Acts 2000 to 2008

Family Law (Maintenance of Spouses and Children) Act 1976

1976, No. 11

Family Support Agency Act 2001

2001, No. 54

Freedom of Information Acts 1997 and 2003

Immigration Act 2004

2004, No. 1

Irish Nationality and Citizenship Act 1956

1956, No. 26

Irish Nationality and Citizenship Act 1986

1986, No. 23

Irish Nationality and Citizenship Act 2001

2001, No. 15

Irish Nationality and Citizenship Act 2004

2004, No. 38

Land and Conveyancing Law Reform Act 2009

2009, No. 27

Licensing Acts 1833 to 2010

Local Government (Dublin) Act 1993

1993, No. 31

Maternity Protection Acts 1994 and 2004

Medical Practitioners Act 2007

2007, No. 25

Merchant Shipping (Liability of Shipowners and Others) Act 1996

1996, No. 35

Minimum Notice and Terms of Employment Acts 1973 to 2005

National Archives Act 1986

1986, No. 11

Nursing Homes Support Scheme Act 2009

2009, No. 15

Official Languages Act 2003

2003, No. 32

Organisation of Working Time Act 1997

1997, No. 20

Parental Leave Acts 1998 and 2006

Personal Injuries Assessment Board Act 2003

2003, No. 43

Private Security Services Act 2004

2004, No. 12

Protection of Employees (Fixed-Term Work) Act 2003

2003, No. 29

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Redundancy Payments Acts 1967 to 2007

Refugee Act 1996

1996, No. 17

Registration of Title Act 1964

1964, No. 16

Road Traffic Act 1961

1961, No. 24

Solicitors (Amendment) Act 1994

1994, No. 27

Solicitors Acts 1954 to 2008

Statute of Limitations 1957

1957, No. 6

Statute of Limitations (Amendment) Act 1991

1991, No. 18

Statutory Declarations Act 1938

1938, No. 37

Terms of Employment (Information) Acts 1994 and 2001

Tribunals of Inquiry (Evidence) Act 1921

11 & 12 Geo. 5. c.7.

Tribunals of Inquiry (Evidence) Acts 1921 to 2011

Unfair Dismissals Acts 1977 to 2007


Number 23 of 2011


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2011

REVISED

Updated to 7 April 2017


AN ACT TO AMEND THE LAW RELATING TO CIVIL LIABILITY FOR ACTS OF GOOD SAMARITANS, VOLUNTEERS AND VOLUNTEER ORGANISATIONS; TO AMEND THE CIVIL LEGAL AID ACT 1995; TO AMEND THE PRIVATE SECURITY SERVICES ACT 2004; TO AMEND THE LAW RELATING TO THE SALE OF INTOXICATING LIQUOR; TO AMEND THE EMPLOYMENT EQUALITY ACT 1998; TO AMEND THE EQUAL STATUS ACT 2000; TO AMEND THE BANKRUPTCY ACT 1988; TO AMEND THE FAMILY LAW (MAINTENANCE OF SPOUSES AND CHILDREN) ACT 1976; TO AMEND THE CORONERS ACT 1962; TO AMEND THE LAND AND CONVEYANCING LAW REFORM ACT 2009; TO AMEND THE REGISTRATION OF TITLE ACT 1964; TO AMEND THE LAW RELATING TO TRIBUNALS OF INQUIRY; AND TO AMEND CERTAIN OTHER ENACTMENTS; AND TO PROVIDE FOR RELATED MATTERS.

[2 nd August, 2011]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Editorial Notes:

E1

Collectively cited Employment Equality Acts defined as relevant enactments for purposes of Workplace Relations Act 2015 (1.08.2015) by Workplace Relations Act 2015 (16/2015), s. 2 and sch. 1 part 1 item 15, S.I. No. 338 of 2015.