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Courts (Supplemental Provisions) Act 1961
Qualifications of judges of Circuit Court.
17.—(1) (a) The existing President of the Circuit Court shall be qualified for appointment as President of the Circuit Court and, if he is willing to accept office, no other person shall be qualified for appointment as President of the Circuit Court.
(b) Each of the persons (other than the existing President of the Circuit Court) who are judges of the existing Circuit Court immediately before the operative date shall be qualified for appointment as an ordinary judge of the Circuit Court and, if and so long as there is one or more than one of those persons who is willing to accept office and has not been appointed, no other person shall be qualified for appointment as an ordinary judge of the Circuit Court.
(c) Paragraphs (a) and (b) of this subsection apply only in relation to the qualification for appointment of the first judges of the Circuit Court.
(d) Subsections (2) and (3) of this section shall have effect subject to the preceding paragraphs of this subsection.
F35[(2) F36[Subject to subsection (4), a person] who is for the time being a practising barrister or a practising solicitor of not less than 10 years' standing shall be qualified for appointment as a judge of the Circuit Court.
(2A) F36[Subject to subsection (4), a judge] of the District Court shall be qualified for appointment as a judge of the Circuit Court.
(2B) F36[Subject to subsection (4), a county registrar] who practised as a barrister or a solicitor for not less than 10 years before he or she was appointed to be a county registrar shall be qualified for appointment as a judge of the Circuit Court.]
F37[(2C) A specialist judge of the Circuit Court shall be qualified for appointment as an ordinary judge of the Circuit Court.]
(3) An ordinary judge of the Circuit Court shall be qualified for appointment as President of the Circuit Court.
F37[(4) Any of the following persons shall be qualified for appointment as a specialist judge of the Circuit Court:
(a) a person who is for the time being a county registrar, having held such office for not less than 2 years continuously, and
(b) subject to subsection (5)—
(i) a person who is for the time being a practising barrister or a practising solicitor of not less than 10 years standing, and
(ii) a judge of the District Court.
(5) Subsection (4)(b) shall come into operation on such day, being not later than 1 January 2014, as the Minister may by order appoint.]
F38[(6) Section 45A provides an additional basis for qualification for appointment as a judge of the Circuit Court.
(7) In this section, "practising barrister" has the same meaning as it has in the Act of 2015.]
Annotations
Amendments:
F35
Substituted (10.04.2002) by Courts and Court Officers Act 2002 (15/2002), s. 5, commenced on enactment.
F36
Substituted (18.01.2013) by Personal Insolvency Act 2012 (44/2012), ss. 188(a)-(c), S.I. No. 14 of 2013.
F37
Inserted (18.01.2013) by Personal Insolvency Act 2012 (44/2012), ss. 188(d), (e), S.I. No. 14 of 2013.
F38
Inserted (1.01.2025) by Judicial Appointments Commission Act 2023 (33/2023), s. 63(c), S.I. No. 553 of 2024.
F39
Substituted by Family Courts Act 2024 (48/2024), s. 27, not commenced as of date of revision.
Modifications (not altering text):
C16
Prospective affecting provision: subs. (3) substituted by Family Courts Act 2024 (48/2024), s. 27, not commenced as of date of revision.
F39[(3) An ordinary judge of the Circuit Court shall be qualified for—
(a) appointment as President of the Circuit Court, or
(b) assignment as Principal Judge of the Family Circuit Court.]
C17
Application of section extended (16.04.1975) by Law Reform Commission Act 1975 (3/1975), s. 14(2)(d), commenced on enactment, as amended.
Consequential
14. ...
(2) [Subject to subsection (2A) of this section, when a person who is a barrister or a solicitor is appointed] to be either—
(a) a Commissioner in a whole-time capacity, or
(b) a whole-time officer of the Commission,
then, for the purpose of qualification for appointment—
(c) under section 5 (2) (a) of the Act of 1961, as a judge of the Supreme Court [, the Court of Appeal] or the High Court,
[(d) under subsection (2) or (2B) of section 17 of the Courts (Supplemental Provisions) Act 1961, as a judge of the Circuit Court, ]
...
service by him as such a Commissioner or as such an officer of the Commission, as may be appropriate, [shall be deemed to be practice as a barrister or a solicitor, as may be appropriate].
...
Editorial Notes:
E292
Power pursuant to subs. (5) exercised (31.12.2013) by Courts (Supplemental Provisions) Act 1961 (Section 17(4)(b)) (Commencement) Order 2013 (S.I. No. 489 of 2013).
E293
Previous affecting provision: subs. (2)(a) amended, subs. (2)(c) inserted (15.12.1995) by Courts and Court Officers Act 1995 (31/1995), s. 30(a), (b), commenced on enactment; subsection substituted (10.04.2002) as per F-note above.
E294
Previous affecting provision: subs. (2) substituted (15.12.1995) by Courts and Court Officers Act 1995 (31/1995), s. 30(a), commenced on enactment; superseded (10.04.2002)as per F-note above.
E295
Previous affecting provision: qualification for appointment under subs. (2)(a) extended (16.04.1975) by Law Reform Commission Act 1975 (3/1975), s. 14(2)(d), commenced on enactment; subsection substituted (10.04.2002) as per F-note above.
E296
Previous affecting provision: qualification for appointment under subs. (2)(a) extended (24.11.1973) by Courts Act 1973 (26/1973), s. 2(2), commenced on enactment; subsection substituted (10.04.2002) as per F-note above.