Enforcement of Court Orders Act 1940

F18[Release of person imprisoned for non-payment of money.

9

9.— (1) Where a person is in prison under an order of a court made on account of the failure of the person to pay a sum of money, the Minister may, at any time and for any reason which appears to him or her sufficient, direct that the person be released either (as the Minister thinks proper) immediately or after payment of a specified part of that sum of money.

(2) The Minister may, before releasing a person under this section, if he or she considers it appropriate and proper in all the circumstances consult with the judge who made the order for imprisonment of the person.

(3) Where the Minister directs that a person be released from prison, the person shall be released in accordance with the direction.

(4) In this section ‘ Minister ’ means Minister for Justice, Equality and Law Reform.]

Annotations:

Amendments:

F18

Substituted (14.07.2009) by Enforcement Of Court Orders (Amendment) Act 2009 (21/2009), s. 2(3), commenced on enactment.

Modifications (not altering text):

C12

Application of section restricted in certain circumstances (23.03.2007) by European Communities (Enforcement of Community Judgments, Orders and Decisions) Regulations 2007 (S.I. No. 121 of 2007), reg. 7, in effect as per reg. 1(2).

Restriction of section 9 of Enforcement of Court Orders Act 1940.

7. Section 9 of the Enforcement of Court Orders Act 1940 (No. 23 of 1940) shall not apply to or in relation to a person in prison to the extent that the person is in prison on account of the failure to pay a sum of money under a Community judgment, order or decision which has been entered.

Editorial Notes:

E30

Minister for Justice, Equality and Law Reform most recently renamed Minister for Justice (1.11.2020) by Justice and Equality (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 452 of 2020), in effect as per art. 1(2).

E31

Previous affecting provision: powers of the Minister for Justice declared not exercisable in respect of the enforcement of a Community judgment (1.01.1973) by European Communities (Enforcement of Community Judgments) Regulations 1972 (S.I. No. 331 of 1972), reg. 7, in effect as per reg. 2; revoked (23.03.2007) by European Communities (Enforcement of Community Judgments, Orders and Decisions) Regulations 2007 (S.I. No. 121 of 2007), reg. 9, in effect as per reg. 1(2).