Civil Law (Miscellaneous Provisions) Act 2011

24.

Amendment of section 79 of Act of 1998.

24.— Section 79 of the Act of 1998 is amended—

( a) by the substitution of the following for subsection (1):

“(1) Where a case which has been referred to the Director under section 77—

( a) does not fall to be dealt with by way of mediation under section 78, or

( b) falls to be dealt with under this section by virtue of section 78(7),

the Director shall investigate the case and may, as part of that investigation and if the Director considers it appropriate, hear persons appearing to the Director to be interested.”,

( b) by the insertion of the following subsection after subsection (2):

“(2A)( a) Where the Director considers that the case may be dealt with on the basis of written submissions only, the Director shall notify the parties in writing of his or her proposal to do so.

( b) A notification under paragraph ( a) shall inform the parties of the right to make representations to the Director in accordance with paragraph ( c).

( c) A person who receives a notification under paragraph ( a) may, within 28 days from the issue of the notification, make representations to the Director as to why the case should not be dealt with on the basis of written submissions only.

( d) Where, in representations made pursuant to paragraph ( c), objection is made to the Director dealing with the matter on the basis of written submissions only, the Director shall not determine the matter in that manner.”,

( c) by the insertion of the following subsection after subsection (5):

“(5A) In the course of an investigation under this section the Director may—

( a) refer to the High Court a point of law arising in the investigation, and

( b) adjourn the investigation (if he or she thinks it appropriate to do so) pending the outcome of the reference.”, and

( d) in subsection (6)( b), by the substitution of “subsection (3) or (3A)” for “subsection (3)”.