Enforcement of Court Orders Act 1940


Number 23 of 1940


ENFORCEMENT OF COURT ORDERS ACT 1940

REVISED

Updated to 27 April 2021


This Revised Act is an administrative consolidation of the Enforcement of Court Orders Act 1940. 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 Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, and all statutory instruments up to and including the District Court (Maintenance) Rules 2021 (S.I. No. 202 of 2021), made 27 April 2021, 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 1940


ENFORCEMENT OF COURT ORDERS ACT 1940

REVISED

Updated to 27 April 2021


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

Enforcement of Court Orders Acts 1926 to 1940 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Enforcement of Court Orders (Amendment) Act 2009 (21/2009), s. 3(2)). The Acts in this group are:

Enforcement of Court Orders Act 1926 (18/1926)

Enforcement of Court Orders Act 1940 (23/1940)

Enforcement of Court Orders (Amendment) Act 2009 (21/2009)

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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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 1972, 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

Civil Debt (Procedures) Act 2015 (28/2015)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011)

Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 (24/2010)

Enforcement Of Court Orders (Amendment) Act 2009 (21/2009)

Social Welfare Consolidation Act 2005 (26/2005)

Jurisdiction of Courts and Enforcement of Judgments Act 1998 (52/1998)

Family Law (Divorce) Act 1996 (33/1996)

Family Law Act 1995 (26/1995)

Maintenance Act 1994 (28/1994)

Social Welfare (Consolidation) Act 1993 (27/1993)

Judicial Separation and Family Law Reform Act 1989 (6/1989)

Bankruptcy Act 1988 (27/1988)

Jurisdiction of Courts and Enforcement of Judgments (European Communities) Act 1988 (3/1988)

Courts (No. 2) Act 1986 (26/1986)

Family Law (Maintenance of Spouses and Children) Act 1976 (11/1976)

Maintenance Orders Act 1974 (16/1974)

Courts Act 1971 (36/1971)

All Acts up to and including Children (Amendment) Act 2021 (6/2021), enacted 26 April 2021, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 452 of 2020)

European Union (Hague Maintenance Convention) Regulations 2019 (S.I. No. 594 of 2019)

Enforcement of Court Orders (Legal Aid) (Amendment) Regulations 2011 (S.I. No. 363 of 2011)

European Communities (Maintenance) Regulations 2011 (S.I. No. 274 of 2011)

Enforcement of Court Orders (Legal Aid) (Amendment) Regulations 2010 (S.I. No. 137 of 2010)

Enforcement of Court Orders (Legal Aid) Regulations 2009 (S.I. No. 301 of 2009)

European Communities (Enforcement of Community Judgments, Orders and Decisions) Regulations 2007  (S.I. No. 121 of 2007)

European Communities (Civil and Commercial Judgment) Regulations 2002 (S.I. No. 52 of 2002)

European Communities (Enforcement of Community Judgments) Regulations 1972 (S.I. No. 331 of 1972)

All statutory instruments up to and including District Court (Maintenance) Rules 2021 (S.I. No. 202 of 2021), made 27 April 2021, were considered in the preparation of this revision.


Number 23 of 1940.


ENFORCEMENT OF COURT ORDERS ACT 1940

REVISED

Updated to 27 April 2021


ARRANGEMENT OF SECTIONS



Number 23 of 1940.


ENFORCEMENT OF COURT ORDERS ACT 1940

REVISED

Updated to 27 April 2021


AN ACT TO AMEND AND EXTEND THE LAW IN RELATION TO THE ENFORCEMENT OF CERTAIN COURT ORDERS AND TO MAKE PROVISION FOR THE RELEASE IN PROPER CASES OF PERSONS IMPRISONED FOR NON-PAYMENT OF MONEY. [10 th July, 1940.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Editorial Notes:

E1

Application of collectively cited Enforcement of Court Orders Acts restricted (27.05.1947) by Agricultural Credit Act 1947 (14/1947), s. 53, commenced on enactment; repealed (1.03.1978) by Agricultural Credit Act 1978 (2/1978), s. 7 and sch., S.I. No. 49 of 1978.