Dermot Ahern (Louth, Fianna Fail)

I move amendment No. 37:

In page 76, between lines 14 and 15, to insert the following:

"(4) A lis pendens registered under section 10 of the Judgments (Ireland) Act 1844 which has not been vacated before the repeal of that section continues to have effect as if that section has not been repealed and such registration shall be deemed to form part of the register to be maintained under subsection (1).".

This amendment arises from further discussions between my Department and the Courts Service regarding the new lis pendens provisions. The specific provision will ensure that a lis pendens already registered under the 1844 Act and not vacated when this legislation comes into force will continue to have effect as if the 1844 Act has not been repealed, notwithstanding the provisions in the Interpretation Act 2005. Such a lis pendens will be deemed to form part of the register of lis pendens to be maintained under subsection (1). This will avoid the Courts Service having to re-enter it into a new register.

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