Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020


Number 13 of 2020


CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020

REVISED

Updated to 31 July 2023


This Revised Act is an administrative consolidation of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020. 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 Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, and all statutory instruments up to and including the Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, 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.


Number 13 of 2020


CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020

REVISED

Updated to 31 July 2023


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Coroners Acts 1962 to 2020: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020, s. 1(3)). The Acts in this group are:

Coroners Act 1962 (9/1962)

Coroners (Amendment) Act 2005 (33/2005)

Courts and Civil Law (Miscellaneous Provisions) Act 2013 (32/2013), s. 24

Coroners (Amendment) Act 2019 (29/2019)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (13/2020), Part 2 (ss. 6-9)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Courts and Civil Law (Miscellaneous Provisions) Act 2023 (18/2023)

Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023)

Regulation of Providers of Building Works and Miscellaneous Provisions Act 2022 (15/2022)

Criminal Justice (Perjury and Related Offences) Act 2021 (13/2021)

Fines Act 2010 (8/2010)

All Acts up to and including Wildlife (Amendment) Act 2023 (25/2023), enacted 20 July 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Child and Family Agency) (Designation) Order 2021 (S.I. No. 311 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Inland Fisheries Ireland) (Designation) Order 2021 (S.I. No. 238 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Commission for Regulation of Utilities) (Designation) Order 2021 (S.I. No. 232 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 30(3)) Order 2021 (S.I. No. 274 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Commission for Regulation of Utilities)(Designation) Order 2021 (S.I. No. 233 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Standards in Public Office Commission) (Designation) Order 2021 (S.I. No. 189 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Child and Family Agency) (Designation) Order 2021 (S.I. No. 118 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Charity Appeals Tribunal) (Designation) Order 2021 (S.I. No. 59 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Veterinary Council of Ireland) (Designation) Order 2021 (S.I. No. 58 of 2021)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (International Protection Appeals Tribunal) (Designation) Order 2020 (S.I. No. 715 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (International Protection Appeals Tribunal) (Designation) Order 2020 (S.I. No. 714 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Meetings of the Oberstown Children Detention Campus Board of Management) (Designation) Order 2020 (S.I. No. 553 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Health) (Designation) Order 2020 (S.I. No. 533 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Health) (Designation) Order 2020 (S.I. No. 532 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 30(3)) Order 2020 (S.I. No. 530 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Appeals Officers) (Designation) Order 2020 (S.I. No. 523 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Road Safety Authority) (Meetings of Board) (Designation) Order 2020 (S.I. No. 520 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) Order 2020 (S.I. No. 518 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) Order 2020 (S.I. No. 517 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Labour Court) (Designation) Order 2020 (S.I. No. 515 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29 (Labour Court) (Designation) Order 2020 (S.I. No. 514 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Property Services Appeal Board) (Designation) Order 2020 (S.I. No. 488 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Property Services Regulatory Authority) (Designation) Order 2020 (S.I. No. 487 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Mental Health (Criminal Law) Review Board) (Designation) Order 2020 (S.I. No. 486 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Legal Aid Board) (Designation) Order 2020 (S.I. No. 485 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Property Services Appeal Board) (Designation) Order 2020 (S.I. No. 484 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Courts Service) (Designation) Order 2020 (S.I. No. 483 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Property Services Regulatory Authority) (Designation) Order 2020 (S.I. No. 482 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Mental Health (Criminal Law) Review Board) (Designation) Order 2020 (S.I. No. 481 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Legal Aid Board) (Designation) Order 2020 (S.I. No. 480 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Judicial Council) (Designation) Order 2020 (S.I. No. 479 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Competition and Consumer Protection Commission) (Designation) Order 2020 (S.I. No. 455 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Regional Assemblies) (Designation) Order 2020 (S.I. No. 446 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Local Authorities) (Designation) Order 2020 (S.I. No. 445 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Sections 29 and 31) (Hepatitis C and HIV Compensation Tribunal) (Designation) Order 2020 (S.I. No. 428 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Irish Financial Services Appeals Tribunal) (Designation) Order 2020 (S.I. No. 424 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Irish Financial Services Appeals Tribunal) (Designation) Order 2020 (S.I. No. 423 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Central Bank of Ireland) (Designation) Order 2020 (S.I. No. 422 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 29) (Central Bank of Ireland) (Designation) Order 2020 (S.I. No. 421 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Financial Services and Pensions Ombudsman) (Designation) Order 2020 (S.I. No. 420 of 2020)

Civil Law and Criminal Law (Designated Body - Agriculture) Order 2020 (S.I. No. 411 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Section 31) (Workplace Relations Commission) (Designation) Order 2020 (S.I. No. 359 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Remote Meetings and Remote Hearings of State Body – Adoption Authority of Ireland) Order 2020 (S.I. No. 335 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Commencement) (No. 2) Order 2020 (S.I. No. 307 of 2020)

Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (Commencement) Order 2020 (S.I. No. 306 of 2020)

All statutory instruments up to and including Courts and Civil Law (Miscellaneous Provisions) Act 2023 (Commencement) Order 2023 (S.I. No. 389 of 2023), made 28 July 2023, were considered in the preparation of this revision.


Number 13 of 2020


CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020

REVISED

Updated to 31 July 2023


CONTENTS

PART 1

Preliminary and General

1. Short title, commencement and collective citation

2. Definitions

3. Expenses

4. Orders

5. Repeals

PART 2

Amendments to Coroners Act 1962

6. Definition (Part 2)

7. Assignment and appointment of temporary coroner in exceptional circumstances

8. Arrangements for coroners’ districts other than coroner’s district of Dublin

9. Amendment of section 14 of Principal Act

PART 3

Civil Proceedings

Chapter 1

Definition

10. Definitions (Part 3)

Chapter 2

Remote hearing of civil proceedings

11. Remote hearing of civil proceedings

Chapter 3

Business records and other documents in civil proceedings

12. Definition (Chapter 3)

13. Business records in document form presumed to be admissible

14. Admissibility of business records: general

15. Notice of business records evidence

16. Admission and weight of business records evidence

17. Evidence as to credibility of supplier of information

18. Copies of business records admissible

19. Evidence of resolution of Dáil Éireann or Seanad Éireann

Chapter 4

Miscellaneous

20. Use of electronic means in civil proceedings

21. Statement of truth

PART 4

Criminal Procedure

22. Interpretation (Part 4)

23. Certain applications to court in criminal proceedings to be heard using live video link

24. Certain applications to court in relevant proceedings to be heard using live video link

25. Evidence through live video link

26. Remote hearing of appeal proceedings

27. Amendment of section 17 of Criminal Justice Administration Act 1914

28. Power of court to make arrangements for conduct of criminal proceedings or relevant proceedings

PART 5

Miscellaneous

29. Remote meetings of State body

30. Remote meetings of unincorporated body

31. Remote hearings by designated body

32. Execution of documents in counterpart

33. Power to alter or vary order



Number 13 of 2020


CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020

REVISED

Updated to 31 July 2023


An Act to make provision for the assignment and appointment of temporary coroners in certain exceptional circumstances; to provide for the authorisation of deputy coroners to act concurrently with coroners in certain exceptional circumstances; and for those and other purposes to amend the Coroners Act 1962; to provide for the admissibility, in certain circumstances, of business records in civil proceedings; to make provision for remote hearings and the use of electronic means in civil proceedings and the making of statements of truth; to make provision for the making of certain applications in certain proceedings using live video link, the giving of certain evidence using live video link, the remote hearing of certain proceedings in the Court of Appeal and Supreme Court, the amendment of section 17 of the Criminal Justice Administration Act, 1914, the power of a court to make arrangements for the conduct of certain proceedings and the repeal of sections 33 and 34 of the Prisons Act 2007; to make provision for the holding of meetings of State bodies by remote meeting; to make provision, having regard to the risk to human life and public health posed by the spread of the disease known as Covid-19, in relation to the holding of meetings of unincorporated bodies by remote meeting; to make provision for bodies conducting hearings under enactments to do so by remote means; to make provision for the execution of certain documents in counterpart; to amend the Courts of Justice Act 1953; and to provide for related matters.

[6th August, 2020]

Be it enacted by the Oireachtas as follows: