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Courts (Supplemental Provisions) Act 1961
Interpretation generally.
2.—(1) In this Act—
F1["market value" means, in relation to land, the price that would have been obtained in respect of the unencumbranced fee simple were the land to have been sold on the open market, in the year immediately preceding the bringing of the proceedings concerned, in such manner and subject to such conditions as might reasonably be calculated to have resulted in the vendor obtaining the best price for the land.]
“the Act of 1924” means the Courts of Justice Act, 1924;
“the Act of 1926” means the Court Officers Act, 1926;
“the Act of 1936” means the Courts of Justice Act, 1936;
“the Act of 1945” means the Court Officers Act, 1945;
“the Act of 1946” means the Courts of Justice (District Court) Act, 1946;
“the Act of 1947” means the Courts of Justice Act, 1947;
“the Act of 1949” means the Courts of Justice (District Court) Act, 1949;
“the Act of 1953” means the Courts of Justice Act, 1953;
F2["the Act of 2014" means the Court of Appeal Act 2014;]
F3["the Act of 2015" means the Legal Services Regulation Act 2015;]
“the Circuit Court” means the Court established by section 4 of the Principal Act;
F2["the Court of Appeal" means the Court established by section 1A of the Principal Act;]
“the Court of Criminal Appeal” means the Court established by section 3 of the Principal Act;
“the District Court” means the Court established by section 5 of the Principal Act;
“the Dublin Metropolitan District” means the district styled and known as the Dublin Metropolitan District under section 64 of the Act of 1936;
“enactment” includes a charter and any instrument made under an enactment;
“the existing Chief Justice” means the judge of the existing Supreme Court who, by virtue of section 5 of the Act of 1924, was, immediately before the operative date, president of that Court;
“the existing Circuit Court” means the Circuit Court of Justice constituted by section 37 of the Act of 1924;
“the existing Court of Criminal Appeal” means the Court of Criminal Appeal constituted by section 8 of the Act of 1924;
“the existing District Court” means the District Court of Justice constituted by section 67 of the Act of 1924;
“the existing High Court” means the High Court of Justice constituted by section 4 of the Act of 1924;
“the existing President of the Circuit Court” means the judge of the existing Circuit Court who, immediately before the operative date, held the office created by section 9 of the Act of 1947;
“the existing President of the High Court” means the judge of the existing High Court who, by virtue of section 4 of the Act of 1924, was, immediately before the operative date, president of that Court;
“the existing Supreme Court” means the Supreme Court of Justice constituted by section 5 of the Act of 1924;
“the High Court” means the Court established by section 2 of the Principal Act;
“justice of the District Court” includes, except where the context otherwise requires, the President of the District Court;
“the Minister” means the Minister for Justice;
“the operative date” means the date on which this Act comes into operation;
“the Principal Act” means the Courts (Establishment and Constitution) Act, 1961 (No. 39 of 1961);
“State authority” means any authority being—
(a) a Minister of State, or
(b) the Commissioners of Public Works in Ireland, or
(c) the Irish Land Commission, or
(d) the Revenue Commissioners, or
(e) the Attorney General;
“the Supreme Court” means the Court established by section 1 of the Principal Act.
(2) Except where the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, adapted or applied by or under any other enactment, including this Act.
Annotations
Amendments:
F1
Inserted (11.01.2017) by Civil Liability and Courts Act 2004 (31/2004), s. 45(1), S.I. No. 2 of 2017.
F2
Inserted (5.09.2014) by Court of Appeal Act 2014 (18/2014), s. 7, S.I. No. 393 of 2014.
F3
Inserted (1.01.2025) by Judicial Appointments Commission Act 2023 (33/2023), s. 63(a), S.I. No. 553 of 2024.
F4
Inserted by Family Courts Act 2024 (48/2024), s. 61, not commenced as of date of revision.
Modifications (not altering text):
C5
Prospective affecting provision: definitions inserted by Family Courts Act 2024 (48/2024), s. 61, not commenced as of date of revision.
F4["Act of 2024" means the Family Courts Act 2024;]
F4["family law proceedings" has the same meaning as it has in section 2 of the Act of 2024;]
C6
Section applied with modifications (19.12.1996) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary, Judicial and Court Offices (Amendment) Act 1998 (5/1998), s. 28, commenced as per s. 31.
Modification of pension provisions of Act of 1961 as applied to certain judges and court officers.
28.—In the case of a judge or court officer who is serving as such on or after the 19th day of December, 1996, section 2 (in relation to such a judge) and section 4 (in relation to such a court officer) of the Act of 1961 shall have effect as if—
(a) in subsection (2) of the applicable section—
(i) the reference to one and one-half the yearly amount of the pension were a reference to three times the yearly amount of the pension, and
(ii) the words “as reduced under subsection (5) of this section” were deleted,
(b) in subsection (3) of the applicable section the words “or, if greater, the gratuity that would have been payable to him under subsection (2) of this section if, on the date of his death, he had retired owing to permanent infirmity” were inserted after “at the time of his death”, and
(c) the following subsection were substituted for subsection (5) of the applicable section:
“(5) Any gratuity payable under this section shall fall to be reduced by reference to any contribution due in accordance with the terms of the Scheme of Pensions for Spouses and Children of the Judiciary and Court Officers.”.