Courts (Supplemental Provisions) Act 1961

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Courts (Supplemental Provisions) Act 1961

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Number 39 of 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961

REVISED

Updated to 23 June 2026

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This Revised Act is an administrative consolidation of the Courts (Supplemental Provisions) Act 1961. 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 Microenterprise Loan Fund (Amendment) Act 2026 (15/2026), enacted 25 June 2026, and all statutory instruments up to and including the District Court (Child Care) Rules 2026 (S.I. No. 281 of 2026), made 12 June 2026, 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.

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Number 39 of 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961

REVISED

Updated to 23 June 2026

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section
1.	Short title and commencement.
2.	Interpretation generally.
3.	Repeals and saving.

PART II

Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal

4.	Number of ordinary judges of Supreme Court and High Court. (Repealed)
5.	Qualifications of judges of Supreme Court and High Court.
6.	Pensions of judges of Supreme Court and High Court.
7.	General jurisdiction of Supreme Court.
7A.	General jurisdiction of Court of Appeal.
7B.	Power of Court of Appeal to stay proceedings to enable parties to apply to Supreme Court in certain circumstances.
7C.	President of Court of Appeal may issue practice directions.
7D.	President of Court of Appeal.
8.	General jurisdiction of High Court.
8A.	General jurisdiction of Family High Court.
8B.	Exercise of jurisdiction by judges of Family High Court.
8C.	Proceedings and sitting of Family High Court.
9.	Jurisdiction of High Court in lunacy and minor matters.
10.	Jurisdiction of Chief Justice and President of the High Court.
11.	The Central Criminal Court.
12.	Jurisdiction of Court of Criminal Appeal. (Repealed)
13.	High Court Circuits.
14.	Jurisdiction to be exercised pursuant to rules of court (Supreme Court, High Court, Chief Justice, President of the High Court, Central Criminal Court and Court of Criminal Appeal).

PART III

Circuit Court

15.	Definitions (Part III).
16.	Number of ordinary judges of Circuit Court. (Repealed)
17.	Qualifications of judges of Circuit Court.
18.	Age of retirement of judge of Circuit Court.
19.	Pensions of judges of Circuit Court.
20A.	Creation and alteraton of Family Circuit Court circuits.20a.
20.	Circuits and assignment of judges to circuits.
21.	Circuit Court to be a court of record.
22.	Jurisdiction of Circuit Court, except in applications for new on-licences and in indictable offences.
22A.	Jurisdiction of Family Circuit Court and exercise of jurisdiction by judges of Family Circuit Court.
22B.	Functions of Principal Judge of Family Circuit Court.
23.	Jurisdiction of Cork Circuit Court Judge in admiralty causes and in bankruptcy. (Repealed)
24.	Jurisdiction of Circuit Court in applications for new on-licences.
25.	Jurisdiction of Circuit Court in indictable offences.
25A.	Exercise of jurisdiction by Circuit Court judges in indictable offences.
26.	Transfer of trials in criminal cases by judge of the Circuit Court.
26A.	Functions, powers and jurisdiction of specialist judges of the Ciruit Court.
27.	Jurisdiction to be exercised pursuant to rules of court (Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court).

PART IV

District Court

28.	Number of justices of District Court. (Repealed)
29.	Qualifications of justices of District Court and interpretation of section 2 of the Act of 1949, as applied by section 48 of this Act.
30.	Age of retirement of justice of District Court.
31.	Pensions of justices of District Court.
32.	District court areas and districts and assignment of justices to districts.
32A.	Exercise of certain powers by judge of District Court outside district court district.
33.	Jurisdiction of District Court.
34.	Jurisdiction to be exercised pursuant to rules of court (District Court).
34A.	Jurisdiction of Family District Court and exercise of jurisdiction by judges of Family District Court.
35.	Qualification for appointment as President of the District Court and assignment.
36.	General powers of President of the District Court.
36A.	Functions of Principal Judge of Family District Court.
37.	Abolition of Divisions of Dublin Metropolitan Justices.
38.	Principal Justices of the Dublin Metropolitan District.
39.	Number of judges permanently assigned to districts.
40.	Places at which business of Dublin Metropolitan District is to be transacted.
41.	Number of sitting days in each week for justices assigned to Dublin Metropolitan District.
42.	Business of District Court in Dublin Metropolitan District.
43.	Restriction of section 26 of Act of 1953.
44.	Ex officio members of District Court Rules Committee. (Repealed)

PART V

Miscellaneous Provisions

45.	Administration of justice otherwise than in public.
45A.	Qualification of certain legal academics for appointment and for nomination for appointment or election to judicial office.
46.	Provisions in relation to remuneration and pensions of judges and justices.
46A.	Remuneration to be adjusted automatically by reference to salary increases in Civil Service.
47.	Interest on judgment debts.
48.	Application of enactments relating to existing courts and judges and officers thereof, and rules of court.
49.	Preservation of continuity of administration and enforcement of justice.
50.	Appeals from District Court in criminal cases against sentence only.
51.	Extension of section 2 of the Summary Jurisdiction Act, 1857.
52.	Case stated for High Court on question of law.
53.	Application of section 26 of Hire-Purchase (Amendment) Act, 1960.
54.	Jurisdiction to bind to the peace or to good behaviour.
55.	Offices and officers, etc. under Court Officers Acts, 1926 to 1951.
56.	Power to continue county registrars in office after reaching age of sixty-five years.
57.	Pension of the Master of High Court, Taxing-Master and county registrar.
58.	Special provisions for person who, on the operative date, holds the office of Master of the High Court, Taxing-Master or county registrar.
59.	Officers of Cork Local Admiralty Court and Cork Local Bankruptcy Court.
60.	Right of audience of solicitors in Circuit Court, Cork Local Admiralty Court and Cork Local Bankruptcy Court. (Repealed)
61.	Solicitors and commissioners for oaths.
62.	Court may award costs without oral hearing.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Pensions of Judges of Courts Established by the Principal Act

THIRD SCHEDULE

Civil Proceedings In Respect Of Which The Jurisdiction Of The High Court Is, With Quantitative Limitations, Conferred On The Circuit Court, And Judges Of The Circuit Court By Whom The Jurisdiction Is To Be Exercised

FOURTH SCHEDULE

Jurisdiction of the Circuit Court under certain British statutes and Saorstát éireann statutes, and judges of the Circuit Court by whom the jurisdiction is to be exercisedAdaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes relating to former County Courts, Courts of Quarter Sessions and judges thereof

FIFTH SCHEDULE

Adaptations (in relation to the Circuit Court and the judges thereof) of certain British statutes relating to former County Courts, Courts of Quarter Sessions and judges thereof

SIXTH SCHEDULE

Assignment of justices of District Court to district court districts

SEVENTH SCHEDULE

Existing courts and corresponding courts established by the Principal Act, and judges of existing courts and corresponding judges of courts established by the Principal Act

EIGHTH SCHEDULE

Provisions in relation to offices and officers to be attached to the High Court, the Supreme Court and the President of the High Court

Acts Referred to
Courts of Justice Act, 1924	1924, No. 10
Court Officers Act, 1926	1926, No. 27
Courts of Justice Act, 1936	1936, No. 48
Court Officers Act, 1945	1945, No. 25
Courts of Justice (District Court) Act, 1946	1946, No. 21
Courts of Justice Act, 1947	1947, No. 20
Courts of Justice (District Court) Act, 1949	1949, No. 8
Courts of Justice Act, 1953	1953, No. 32
Interpretation Act, 1937	1937, No. 38
Lunacy Regulation (Ireland) Act, 1871	1871, c. 22
Courts of Justice Act, 1928	1928, No. 15
Solicitors Act, 1954	1954, No. 36
Offences Against the State Act, 1939	1939, No. 13
Maritime Jurisdiction Act, 1959	1959, No. 22
Treason Act, 1939	1939, No. 10
Courts of Justice Act, 1926	1926, No. 1
Wireless Telegraphy Act, 1926	1926, No. 45
Public Health Acts Amendment Act, 1890	1890, c. 59
Public Dance Halls Act, 1935	1935, No. 2
Debtors (Ireland) Act, 1840	1840, c. 105
Criminal Justice Act, 1951	1951, No. 2
Courts of Justice and Court Officers (Superannuation) Act, 1961	1961, No. 16
Summary Jurisdiction Act, 1857	1857, c. 43
Hire-Purchase (Amendment) Act, 1960	1960, No. 15
Court Officers Act, 1951	1951, No. 8
Solicitors Act, 1954	1954, No. 36
District Justices (Temporary Provisions) Act, 1923	1923, No. 6
Courts of Justice Act, 1928	1928, No. 15
Superannuation Act, 1834	1834, c. 24
Superannuation Act, 1956	1956, No. 38
Superannuation Act, 1859	1859, c. 26

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Number 39 of 1961

COURTS (SUPPLEMENTAL PROVISIONS) ACT 1961

REVISED

Updated to 23 June 2026

AN ACT TO PROVIDE, IN RELATION TO THE COURTS TO BE ESTABLISHED BY THE COURTS (ESTABLISHMENT AND CONSTITUTION) ACT, 1961, AND THE JUDGES AND OFFICERS OF THOSE COURTS, FOR CERTAIN MATTERS NECESSARY TO SUPPLEMENT THAT ACT, TO CONFER JURISDICTION ON THE JUDGE OF THE CIRCUIT COURT ASSIGNED TO THE CORK CIRCUIT IN ADMIRALTY CAUSES AND IN BANKRUPTCY, TO REPEAL CERTAIN ENACTMENTS, AND TO PROVIDE FOR CERTAIN OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [16th August, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text):

Application of collectively cited Courts (Supplemental Provisions) Acts restricted (13.07.1999) by Courts (Supplemental Provisions) (Amendment) Act 1999 (25/1999) s. 1, commenced on enactment.

Provisions relating to pensions in specified cases.

1.—(1) Notwithstanding any provision contained in—

(a) the Courts (Supplemental Provisions) Acts, 1961 to 1997, or, in so far as it amends or extends those Acts, the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998, or

(b) the Court Officers Acts, 1926 to 1998,

but subject to the provisions referred to in section 2 of this Act, the payment of pensions in respect of each of the persons specified in paragraphs (a) to (c) of subsection (2) of this section (in this section referred to as “the specified persons”) shall be governed solely by the provisions in this section.

(2) (a) Commencing on the 18th day of April, 1999, a person who was appointed as an ordinary judge of the Supreme Court on the 26th day of March, 1990, and who vacated his office on the 17th day of April, 1999, shall be entitled, for the duration of his life, to a pension which, when duly paid over a full year and before lawful deductions are made, would equate to £40,000.

(b) Commencing on the 21st day of April, 1999, a person who was appointed as an ordinary judge of the High Court on the 30th day of November, 1998, and who vacated his office on the 20th day of April, 1999, shall be entitled, for the duration of his life, to a pension which, when duly paid over a full year and before lawful deductions are made, would equate to £30,000.

(c) Commencing on the 21st day of April, 1999, a person who was appointed as a county registrar on the 24th day of June, 1991, and who vacated his office on the 20th day of April, 1999, shall be entitled, for the duration of his life, to a pension which, when duly paid over a full year and before lawful deductions are made, would equate to £15,000.

(3) Where the salary of an ordinary judge of the Supreme Court, an ordinary judge of the High Court or an equivalent county registrar is increased, the pensions specified in subsection (2) of this section or as last adjusted by virtue of this subsection shall fall to be adjusted, with effect from the same date, by a percentage equal to the percentage increase in salary granted.

(4) Without prejudice to the generality of subsection (1) of this section, sections 2(2) and 4(2) (as amended by the Oireachtas (Allowances to Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act, 1998) of the Courts of Justice and Court Officers (Superannuation) Act, 1961, shall not apply to the specified persons, as appropriate.

(5) The regulations to be made under section 4 of the Courts (Supplemental Provisions) (Amendment) Act, 1991 (which relates to the provision of spouses' and children's pensions), shall apply to the spouses and children of the specified persons as they shall apply to the spouses and children of an ordinary judge of the Supreme Court, an ordinary judge of the High Court or an equivalent county registrar, as the case may be, except that the pensions specified in subsection (2) of this section (as may from time to time be adjusted by virtue of subsection (3) of this section) shall provide the basis for calculating the pension that is to be paid to the spouses or children of the specified persons.

...

Reference to Dublin Circuit Court Circuit construed (1.01.1994) by Local Government (Dublin) Act 1993 (31/1993, s. 26, S.I. No. 400 of 1993.

Circuit Court Circuit.

26.—On and from the establishment day the Dublin Circuit Court Circuit shall consist of the county borough of Dublin and the counties of South Dublin, Fingal and Dun Laoghaire-Rathdown and a reference to the Dublin Circuit in the Courts (Supplemental Provisions) Acts, 1961 to 1991, shall be construed accordingly.

Application of collectively cited Courts Supplemental Provisions Acts restricted (16.07.1991) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 5(2), commenced on enactment.

Provision of pensions on early vacation of office and purchase of added years.

5.—(1) The Minister may, after consultation with the Minister for Justice, make regulations:

...

(e) (i) in the case of a person referred to in paragraph (a) or (b) of this subsection who, subsequent to his vacating or ceasing to hold office, is appointed to an office or position of emolument in an institution of the European Communities (within the meaning of the European Communities Act, 1972), providing for the payment by the Minister to that institution, subject to such conditions as may be specified in the regulations and for the purposes of a scheme or arrangement to which this paragraph applies, of a sum which, in the opinion of the Minister, represents the capital value on an actuarial basis of the pension that would become payable to or in respect of that person pursuant to regulations under the said paragraph (a) or (b) (as may be appropriate).

(ii) This paragraph applies to any scheme or arrangement (by whatever name called) under which superannuation benefits are payable by an institution as aforesaid to or in respect of the person appointed to the office or position of emolument concerned.

(2) Where a payment of a sum is made by the Minister pursuant to regulations made under subsection (1) (e) of this section no pension or gratuity shall be granted under the Courts (Supplemental Provisions) Acts, 1961 to 1991, or under regulations made thereunder to or in respect of the person to whom the payment relates.

...

Functions transferred and references to "Minister for the Public Service" construed as "Minister for Finance" (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1987 (S.I. No. 81 of 1987), art. 4(1)(b), (2).

3. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 4 of this Order are hereby transferred to the Department of Finance.

(2) References to the Department of the Public Service contained in any Act or instrument made thereunder and relating to any administration and business transferred by paragraph (1) of this Article shall, on and after the commencement of this Order, be construed as references to the Department of Finance.

4. (1) The functions vested in the Minister for the Public Service—

...

(b) by virtue of the Public Service (Transfer of Departmental Administration and Ministerial Functions) Order, 1973 ( S.I. No. 294 of 1973 ),

are hereby transferred to the Minister for Finance.

(2) References to the Minister for the Public Service contained in any Act or instrument made thereunder and relating to any functions transferred by this Article shall, on and after the commencement of this Order, be construed as references to the Minister for Finance.

The history of the Minister for Finance aspects of this Act can be traced as follows:

• Functions transferred and references to Minister for Finance construed as Public Service (1.11.1973) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1973 (S.I. No. 294 of 1973), in operation as per art. 2;

• Functions transferred and references to Minister for Public Service construed as Finance (19.03.1987) by Public Service (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 81 of 1987) (above).