Civil Law (Miscellaneous Provisions) Act 2008

22.

Amendment of section 71 of Courts of Justice Act 1936.

22.— Section 71 of the Courts of Justice Act 1936 is amended by substituting the following for subsections (2) to (8):

“(2) The District Court Rules Committee (‘the Committee’) shall consist of 4 ex-officio members and 7 nominated members.

(3) The ex-officio members of the Committee shall be—

( a) the President of the District Court, who shall be the chairperson of the Committee,

( b) the Chief Executive Officer of the Courts Service,

( c) the Attorney General, and

( d) such one of the district court clerks of the Dublin Metropolitan District as the Chief Executive Officer of the Courts Service nominates.

(4) The nominated members of the Committee shall be the following:

( a) 4 shall be judges of the District Court nominated by the Minister for Justice, Equality and Law Reform;

( b) one shall be a practising barrister nominated by the General Council of the Bar of Ireland; and

( c) 2 shall be practising solicitors nominated by the Council of the Law Society of Ireland.

(5) Every nominated member of the Committee shall hold office as such member until—

( a) the fifth anniversary of the date of his or her nomination, or

( b) he or she—

(i) dies,

(ii) resigns as such member, or

(iii) ceases to be a judge of the District Court, a practising barrister or a practising solicitor, as the case may be,

whichever is the earlier.

(6) A nominated member of the Committee whose membership thereof expires pursuant to subsection (5)( a) shall be eligible for re-nomination.

(7) The quorum of the Committee shall be 4 members.

(8) The Committee may act notwithstanding one or more vacancies in its membership.

(9) Each of the ex-officio members of the Committee specified in paragraphs ( a) to ( c) of subsection (3) may appoint in writing a person to act in his or her place as a member of the Committee except that the person so appointed shall be—

( a) in the case of the President of the District Court, an ordinary judge of the District Court,

( b) in the case of the Chief Executive Officer of the Courts Service, a member of the staff of the Courts Service,

( c) in the case of the Attorney General, an officer of the Attorney General.

(10) The Chief Executive of the Courts Service, in consultation with the chairperson of the Committee, shall appoint in writing a member of the staff of the Courts Service to be the secretary to the Committee.

(11) A person who made an appointment under subsection (9) or (10) may revoke the appointment at any time.”.