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Courts (Supplemental Provisions) Act 1961
Provisions in relation to remuneration and pensions of judges and justices.
46.—F77[(1) On and from 25 September, 2000—
(a) the Chief Justice is entitled to be paid remuneration at the rate of £120,293 per year, and
(b) each of the other judges of the Supreme Court is entitled to be paid remuneration at the rate of £104,254 per year.
(2) On and from 25 September, 2000—
(a) the President of the High Court is entitled to be paid remuneration at the rate of £108,321 per year, and
(b) each of the other judges of the High Court is entitled to be paid remuneration at the rate of £96,002 per year.
(3) On and from 25 September, 2000—
(a) the President of the Circuit Court is entitled to be paid remuneration at the rate of £96,002 per year, and
(b) each of the other judges of the Circuit Court is entitled to be paid remuneration at the rate of £75,548 per year.
F78[(3A) On and from 25 September, 2000—
(a) the President of the District Court is entitled to be paid remuneration at the rate of £75,548 per year, and
(b) a judge of the District Court is entitled to be paid remuneration at the rate of £62,762 per year.
(3B) Remuneration payable under this section is to be paid in monthly instalments.]
F79[(3AA) Subsections (1) to (3A) shall be construed subject to subsections F84[(9) to (9B)].]
(3B) Remuneration payable under this section is to be paid in monthly instalments.]
(4) There shall be charged on and payable out of the Central Fund or the growing produce thereof—
F80[(a) the remuneration payable under this Act to a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court, and]
F80[(b) the pension payable under this Act to a judge of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court or the District Court, and]
(c) the superannuation allowance and additional allowance payable under this Act to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, and
(d) the gratuity payable under this Act in respect of a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies.
(5) Not more than one pension shall be payable under this Act to the same person.
(6) F81[…]
F82[(6) Where a person in receipt of a pension under this Act F83[or under regulations made pursuant to section 5 (1) (a) of the Courts (Supplemental Provisions) (Amendment) Act, 1991] is employed in a situation remunerated out of moneys provided by the Oireachtas or out of the Central Fund, then—
(a) such pension shall not be payable in respect of any period during which the remuneration of such person in such situation is equal to or greater than his remuneration in the judicial office in respect of which he is entitled to such pension, and
(b) so much only of such pension shall be payable in respect of any period during which the remuneration of such person in such situation is less than his remuneration in the said judicial office as with his remuneration in such situation will amount to his remuneration in the said judicial office.]
(7) In the application of subsection (5) of this section to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall be construed as references to a superannuation allowance and to an additional allowance.
(8) In the application of subsection (6) of this section to a justice of the District Court to whom paragraph 9 of the Second Schedule to this Act applies, references to a pension shall be construed as references to a superannuation allowance.
F84[(9) (a) The annual sums to be paid by way of remuneration to the several judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court who were appointed to those judicial offices before the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be specified in an order made by the Government for the purpose.
(b) In making an order under paragraph (a), the Government shall have regard to the proportions that the annual sums payable by way of remuneration under this Act in respect of the different judicial offices bore to one another before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015.
(c) The amount that is specified in an order under paragraph (a) as the annual sum payable by way of remuneration in respect of a particular judicial office shall not be less than the amount that stood, immediately before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015, as the annual sum payable by way of remuneration in respect of that office.
(d) A reference in paragraph (b) to the annual sum payable by way of remuneration in respect of a judicial office shall be construed as a reference to the annual sum payable by way of remuneration in respect of a judicial office, the holder of which was appointed to that office before the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011.
(e) An order under this subsection may, if so expressed, have retrospective effect.]
F85[F84[(9A) (a) The annual sums to be paid by way of remuneration to the several judges of the Supreme Court, the Court of Appeal, the High Court, the Circuit Court and the District Court who were appointed to those judicial offices on or after the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011 shall be specified in an order made by the Government for the purpose.
(b) In making an order under paragraph (a), the Government shall have regard to the proportions that the annual sums payable by way of remuneration under this Act in respect of the different judicial offices referred to in paragraph (c) bore to one another before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015.
(c) In respect of each of the following judicial offices, the specification, in an order under paragraph (a), of the annual sum payable by way of remuneration shall be by means of a pay scale set out in the order:
(i) the Chief Justice;
(ii) the President of the Court of Appeal;
(iii) an ordinary judge of the Supreme Court;
(iv) the President of the High Court;
(v) an ordinary judge of the Court of Appeal;
(vi) the President of the Circuit Court;
(vii) an ordinary judge of the High Court;
(viii) the President of the District Court;
(ix) an ordinary judge of the Circuit Court or a specialist judge of the Circuit Court;
(x) an ordinary judge of the District Court.
(d) A pay scale referred to in paragraph (c) shall provide for the payment of progressively greater amounts of remuneration, within a range specified in the order, (each of which amounts is referred to in paragraphs (e) and (g) as a “point on the pay scale”), by reference to the lapse of specified periods of time since the relevant judge’s appointment (and no matter, other than such lapse of time, shall be specified in the order as a condition for the payment of any such greater amount).
(e) The first point on the pay scale, in respect of the particular judicial office, shall not be less than the amount that stood, immediately before the commencement of section 11 of the Financial Emergency Measures in the Public Interest Act 2015, as the annual sum payable by way of remuneration in respect of that office.
(f) Any reference in paragraph (b) or (e) to the annual sum payable by way of remuneration in respect of a judicial office shall be construed as a reference to the annual sum payable by way of remuneration in respect of a judicial office, the holder of which was appointed to that office on or after the commencement of the provision referred to in paragraph (a).
(g) Where a person appointed to a judicial office on or after the commencement of the provision referred to in paragraph (a) is subsequently appointed to another judicial office and the first point on the pay scale in respect of the second-mentioned office is lower than the amount that stood as the annual sum payable by way of remuneration to the judge prior to his or her appointment to that office (the "pre-existing remuneration"), then, instead of the foregoing point on the pay scale being applicable to the judge, the point on the pay scale that stands immediately above the pre-existing remuneration shall apply to the judge.
(h) Section 7 of the Financial Emergency Measures in the Public Interest Act 2013 shall not apply to a pay scale set out in an order made under paragraph (a).
(i) An order under this subsection may, if so expressed, have retrospective effect.]
(9B) If, in the case of a person who—
(a) on the commencement of section 10 of the Financial Emergency Measures in the Public Interest (Amendment) Act 2011, holds a judicial office, and
(b) at any time after that commencement, is appointed to another judicial office, F84[the application of an order made under subsection (9A)] to the person would result in the remuneration of the person under this section being reduced, F84[then that order] shall not apply to that person and he or she shall continue to be paid the remuneration that he or she would have been entitled to be paid as the holder of the first-mentioned judicial office.
(9C) F86[…]]
F87[(10) Every order made by the Government under subsection F84[subsection (9) or (9A)] is required to be laid before each House of the Oireachtas as soon as practicable after it is made.]
Annotations
Amendments:
F77
Substituted (25.09.2001) by Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (33/2001), s. 31(a), in operation as per s. 1(5).
F78
Inserted (25.09.2001) by Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (33/2001), s. 31(a), in operation as per s. 1(5).
F79
Inserted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 10(a), S.I. No. 683 of 2011.
F80
Substituted (28.10.2014) by Court of Appeal Act 2014 (18/2014), s. 14(1)(a)(i), (ii), S.I. No. 479 of 2014, art. 2(b).
F81
Repealed (1.11.2012) by Public Service Pensions (Single Scheme and Other Provisions) Act 2012 (37/2012), s. 3(b), S.I. No. 413 of 2012, in so far as it relates to any pre-existing public service pension scheme.
F82
Retained in force in so far as it does not relate to any pre-existing public service pension scheme.
F83
Inserted (16.07.1991) by Courts (Supplemental Provisions) (Amendment) Act 1991 (23/1991), s. 6(5)(a), commenced on enactment.
F84
Substituted (1.01.2017) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 11(a)-(d), (f), S.I. No. 406 of 2016.
F85
Inserted (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 10(c), S.I. No. 683 of 2011.
F86
Deleted (1.01.2017) by Financial Emergency Measures in the Public Interest Act 2015 (39/2015), s. 11(e), S.I. No. 406 of 2016.
F87
Inserted (25.09.2001) by Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (33/2001), s. 31(c), in operation as per s. 1(5)
Modifications (not altering text):
C39
Application of subs. (4) restricted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 18(1), S.I. No. 401 of 2011, in operation as per art. 2.
Functions in respect of Central Fund.
18.— (1) None of the provisions of this Act shall be construed as effecting a transfer from the Minister for Finance to the Minister of any function consisting of the payment, or authorisation of the payment, of moneys out of the Central Fund.
...
(3) The Minister for Finance shall not, without the approval of the Minister, perform a function consisting of the payment of moneys out of the Central Fund—
(a) under a provision specified in Schedule 3, or
(b) that is performable in accordance with, or for the purposes of, such a provision.
(4) The Minister for Finance shall not, without the approval of the Minister, perform a function consisting of the payment of moneys out of the Central Fund for the purposes of, or in connection with, the superannuation or remuneration (including emoluments and allowances) of any person to which the Presidential Establishment Acts 1938 to 1991 apply.
...
SCHEDULE 3
Functions of Minister for Finance Performable on Request of Minister
...
Section 18
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Number and Year |
Short Title |
Provision |
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(1) |
(2) |
(3) |
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... |
... |
... |
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No. 39 of 1961 |
section 46.(4) |
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... |
... |
... |
C40
Application of section restricted (18.12.1997) by Courts (No. 2) Act 1997 (43/1997), s. 8, commenced on enactment.
Maintenance of judicial remuneration, etc.
8.—Notwithstanding the provisions of section 46 of the Courts (Supplemental Provisions) Act 1961, a former presiding judge of any court who subsequently serves, until judicial retirement, as a judge of that court to whom section 4(2) relates shall be paid the same remuneration as provided, from time to time, for the presiding judge of that court for as long as he or she remains a judge of that court to whom section 4(2) relates and, upon judicial retirement, shall be entitled to the same pension and any other entitlements relating to such retirement as if he or she had been the presiding judge of that court at the date of such retirement.
Editorial Notes:
E713
Power pursuant to subs. (9A) exercised (1.07.2022) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9A)) Order 2022 (S.I. No. 318 of 2022), in operation as per art. 2.
E714
Power pursuant to subs. (9) exercised (1.07.2022) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) Order 2022 (S.I. No. 317 of 2022), in operation as per art. 2.
E715
Power pursuant to subs. (9A) exercised (1.07.2021) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9A)) Order 2021 (S.I. No. 324 of 2021), in operation as per art. 2.
E716
Power pursuant to subs. (9) exercised (1.07.2021) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) Order 2021 (S.I. No. 323 of 2021), in operation as per art. 2.
E717
Power pursuant to subs. (9A) exercised (1.10.2020) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9A)) Order 2020 (S.I. No. 611 of 2020, deemed), in operation as per art. 2.
E718
Power pursuant to subs. (9) exercised (1.10.2020, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) (No. 2) Order 2020 (S.I. No. 610 of 2020), in operation as per art. 2.
E719
Power pursuant to subs. (9A) exercised (1.09.2019, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9a)) (No. 2) Order 2019 (S.I. No. 549 of 2019), in operation as per art. 2.
E720
Power pursuant to subs. (9) exercised (1.09.2019, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) (No. 2) Order 2019 (S.I. No. 547 of 2019), in operation as per art. 2.
E721
Power pursuant to subs. (9A) exercised (1.04.2019, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9A)) Order 2019 (S.I. No. 257 of 2019), in operation as per art. 2.
E722
Power pursuant to subs. (9) exercised (1.04.2019, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) Order 2019 (S.I. No. 256 of 2019), in operation as per art. 2.
E723
Power pursuant to subs. (9A) exercised (1.04.2018, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9A)) Order 2018 (S.I. No. 371 of 2018), in operation as per art. 2.
E724
Power pursuant to subs. (9) exercised (1.04.2018, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) Order 2018 (S.I. No. 370 of 2018), in operation as per art. 2.
E725
Power pursuant to subs. (9A) exercised (1.04.2017, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9A)) Order 2017 (S.I. No. 235 of 2017), in operation as per art. 2.
E726
Power pursuant to subs. (9) exercised (1.04.2017, deemed) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) Order 2017 (S.I. No. 234 of 2017), in operation as per art. 2.
E727
Power pursuant to subs. (9A) exercised (1.01.2017) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9A)) Order 2016 (S.I. No. 401 of 2016), in operation as per art. 2.
E728
Power pursuant to subs. (9) exercised (1.01.2017) by Courts (Supplemental Provisions) Act 1961 (Judicial Remuneration) (Section 46(9)) Order 2016 (S.I. No. 400 of 2016), in operation as per art. 2.
E729
Power pursuant to subs. (9) exercised (14.09.2007) by Courts (Supplemental Provisions) Act 1961 (Increase of Judicial Remuneration) Order 2007 (S.I. No. 841 of 2007).
E730
Power pursuant to subs. (9) exercised (20.12.2005) by Courts (Supplemental Provisions) Act 1961 (Increase of Judicial Remuneration) (S.I. No. 905 of 2005).
E731
Power pursuant to subs. (9) exercised (25.07.2005) by Courts (Supplemental Provisions) Act 1961 (Increase of Judicial Remuneration) Order 2005 (S.I. No. 722 of 2005).
E732
Power pursuant to subs. (9) exercised (20.03.2002) by Courts (Supplemental Provisions) Act 1961 (Increase of Judicial Remuneration) Order 2002 (S.I. No. 117 of 2002).
E733
Power pursuant to subs. (9) exercised (26.06.2001) by Courts (Supplemental Provisions) Act 1961 (Increase of Judicial Remuneration) (No. 2) Order 2001 (S.I. No. 302 of 2001).
E734
Power pursuant to subs. (9) exercised (20.02.2001) by Courts (Supplemental Provisions) Act 1961 (Increase of Judicial Remuneration) Order 2001 (S.I. No. 44 of 2001).
E735
Power pursuant to subs. (9) exercised (1.07.1999, deemed) by Courts (Supplemental Provisions) Act 1961 (Increase of Judicial Remuneration) Order 1999 (S.I. No. 433 of 1999), in operation as per art. 1(20.
E736
Power pursuant to subs. (9) exercised (24.03.1998) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1998 (S.I. No. 73 of 1998).
E737
Power pursuant to subs. (9) exercised (30.08.1994) by Courts (Supplemental Provisions) Act, 1961 (Section 46) Order 1994 (S.I. No. 273 of 1994).
E738
Power pursuant to subs. (9) exercised (4.08.1989) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1989 (S.I. No. 204 of 1989).
E739
Power pursuant to subs. (9) exercised (8.07.1988) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1988 (S.I. No. 166 of 1988).
E740
Power pursuant to subs. (9) exercised (3.11.1981) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1981 (S.I. No. 383 of 1981).
E741
Power pursuant to subs. (9) exercised (2.12.1980) by Courts (Supplemental Provisions) Act 1961 (Section 46) (No. 2) Order 1980 (S.I. No. 363 of 1980).
E742
Power pursuant to subs. (9) exercised (19.02.1980) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1980 (S.I. No. 42 of 1980).
E743
Power pursuant to subs. (9) exercised (10.86.1979) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1979 (S.I. No. 282 of 1979).
E744
Power pursuant to subs. (9) exercised (2.05.1978) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1978 (S.I. No. 130 of 1978).
E745
Power pursuant to subs. (9) exercised (1.07.1989) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1989 S.I. No. 204 of 1989).
E746
Power pursuant to subs. (9) exercised (1.07.1988) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1988 (S.I. No. 166 of 1988).
E747
Power pursuant to section exercised (12.05.1977) by Courts (Supplemental Provisions) Act, 1961 (Section 46) Order 1977 (S.I. No. 141 of 1977).
E748
Power pursuant to section exercised (12.03.1976) by Courts (Supplemental Provisions) Act, 1961 (Section 46) Order 1976 (S.I. No. 62 of 1976).
E749
Power pursuant to section exercised (20.05.1975) by Courts (Supplemental Provisions) Act, 1961 (Section 46) Order 1975 (S.I. No. 106 of 1975).
E750
Power pursuant to section exercised (25.06.1974) by Courts (Supplemental Provisions) Act 1961 (Section 46) Order 1974 (S.I. No. 193 of 1974).
E751
Power pursuant to section exercised (26.07.1973) by Courts (Supplemental Provisions) Act, 1961 (Section 46) Order 1973 (S.I. No. 226 of 1973).
E752
Power pursuant to section exercised (10.06.1971) by Courts (Supplemental Provisions) Act, 1961 (Section 46) Order 1971 (S.I. No. 186 of 1971).
E753
Previous affecting provision: subss. (9A), (9C) amended (28.10.2014) by Court of Appeal Act 2014 (18/2014), ss. 14(1)(b)(i)-(iii), (c), S.I. No. 479 of 2014, art. 2(b); subsections substituted (1.01.2017) as per F-note above.
E754
Previous affecting provision: subs. (9A)(g) amended, (gg) inserted (18.01.2013) by Personal Insolvency Act 2012 (44/2012), s. 190(a), (b), S.I. No. 14 of 2013; subsection substituted (1.01.2017) as per F-note above.
E755
Previous affecting provision: subs. (9)(a) substituted, subs. (10) amended (1.01.2012) by Financial Emergency Measures in the Public Interest (Amendment) Act 2011 (39/2011), s. 10(b), (d), S.I. No. 683 of 2011; subsection substituted (1.01.2017) as per F-note above.
E756
Previous affecting provision: subs. (4)(a), (b) substituted (25.09.2001) by Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (33/2001), s. 31(b), in operation as per s. 1(5); substituted (28.10.2014) as per F-note above.
E757
Previous affecting provision: subs. (9)(c) repealed (15.12.1983) by Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), s. 9(1)(d), commenced on enactment; subsection substituted (1.01.2017) as per F-note above.
E758
Previous affecting provision: application of subss. (1)-(3), (9) modified (15.11.1983) by Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), s. 2(6), commenced on enactment; s. 2 repealed (25.09.2000) by Ministerial, Parliamentary and Judicial Offices and Oireachtas Members (Miscellaneous Provisions) Act 2001 (33/2001), s. 34(a), in operation as per s. 1(5).
E759
Previous affecting provision: subss. (1)-(3), (9) substituted (1.12.1981) by Oireachtas (Allowances To Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1983 (32/1983), s. 2(6), commenced on enactment; superseded (30.10.2019) as per F-note above.
E760
Previous affecting provision: subs. (9)(c) substituted (1.01.1978) by Oireachtas (Allowances to Members) and Ministerial, Parliamentary and Judicial Offices (Amendment) Act 1977 (29/1977), s. 11, S.I. No. 379 of 1977; subsection substituted (1.01.2017) as per F-note above.
E761
Previous affecting provision: subss. (1)-(3) substituted, subs. (9) inserted (3.07.1968 with effect from 1.04.1968) by Courts (Supplemental Provisions) (Amendment) (No. 2) Act 1968 (21/1968), s. 1(a), (b), commenced on enactment; subsections substituted (1.01.2017) as per F-note above.
E762
Previous affecting provision: subss. (1)-(3) substituted (17.06.1964 with effect from 1.02.1964) by Courts (Supplemental Provisions) (Amendment) Act 1964 (9/1964), s. 1, commenced on enactment; substituted (3.07.1968) as per F-note above.
E763
Previous affecting provision: subss. (1)-(3) substituted (31.07.1962 with effect from 1.11.1961) by Courts (Supplemental Provisions) (Amendment) Act 1962 (18/1962), s. 1, commenced on enactment; substituted (17.06.1964) as per E-note above.