David Stanton (Cork East, Fine Gael) | Oireachtas source

I move amendment No. 3:

In page 4, to delete lines 17 and 18 and substitute the following:“(c) by the insertion of the following subsection after subsection (8):

“(8A) Where the issue of a summons is effected in accordance with subsection (2A), references in any enactment relating to the service of summonses shall—

(a) in the case of references to an original summons (whether the references employ the word ‘summons’ or the expression ‘original document’), be construed as references to a summons to which subsection (2A) applies, and

(b) in the case of references to a true copy of a summons, be construed as references to a summons to which subsection (2A) applies.”,”.

Amendment No. 3 relates to the construction to be placed on references in other enactments to an original summons and a true copy of a summons.

The Bill, as initiated, proposed that the matter be dealt with by way of an amendment to the existing section 1(8) of the Courts (No.3) Act 1986. Amendment No. 3 proposes the insertion of a new subsection (8A) into section 1 of the Act of 1986 as an alternative to the originally proposed amendment to subsection (8) This alternative approach arises from further work of the Advisory Counsel and Parliamentary Counsel and flows from the new subsection (2A), whereby every printed document in respect of the same alleged offence is to be considered the summons. The new subsection (8A) provides that references in other enactments to an original summons or a true copy should be construed as references to the summonses created and printed on paper under the new system.