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Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 38: In page 15, between lines 17 and 18, to insert the following: “Amendment of section 50 of Act of 2019 25.Section 50(4) of the Act of 2019 is amended by the substitution of “a member of the Law Library” for “a member of the General Council of the Bar of Ireland”.”. In its current form, section 50(4) of the Judicial Council...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 39: In page 16, between lines 30 and 31, to insert the following: “PART 8 AMENDMENT OF CIVIL LAW AND CRIMINAL LAW (MISCELLANEOUS PROVISIONS) ACT 2020 Definition (Part 8) 27. In this Part, “Act of 2020” means the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020.”. These amendments clarify that certain applications, notably those...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 40: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 10 of Act of 2020 28. The Act of 2020 is amended by the substitution of the following section for section 10: “Definitions (Part 3) 10.In this Part— ‘civil proceedings’ includes any cause, action, suit, matter or application, other...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 41: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 14 of Act of 2020 29.Section 14(3) of the Act of 2020 is amended— (a) in paragraph (a), by the substitution of “criminal proceedings or relevant proceedings” for “criminal proceedings”, and (b) in paragraph (c)(iii), by the...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 42: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 22 of Act of 2020 30.Section 22 of the Act of 2020 is amended by— (a) the substitution of the following definition for the definition of “criminal proceedings”: “ ‘criminal proceedings’ means proceedings against a person for...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 43: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 23 of Act of 2020 31. Section 23(2)(e) of the Act of 2020 is amended by the deletion of “or any subsequent proceedings”.”.

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 44: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 30 of Act of 2020 32.The Act of 2020 is amended by the substitution of the following section for section 30: “30.(1) Notwithstanding anything contained in the rules (howsoever described) of the body, the validity of a meeting of the members of an...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 44: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 30 of Act of 2020 32.The Act of 2020 is amended by the substitution of the following section for section 30: “30.(1) Notwithstanding anything contained in the rules (howsoever described) of the body, the validity of a meeting of the members of an...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 45: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 31 of Act of 2020 33.Section 31 of the Act of 2020 is amended— (a) in subsection (5), by the substitution of “hearing or in person” for “hearing”, (b) by the insertion of the following subsections after subsection (5): ...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 46: In page 16, between lines 30 and 31, to insert the following: “Amendment of section 32 of Act of 2020 34. Section 32 of the Act of 2020 is amended by the insertion of the following subsection after subsection (5): “(5A) This section is without prejudice to any other enactment or rule of law concerning— (a) the execution...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 47: In page 16, between lines 30 and 31, to insert the following: “PART 9 COURTS AND COURT OFFICERS (CENTRALISED COURT OFFICES AND ELECTRONIC REGISTERS) Interpretation (Part 9) 35. (1) In this Part— “centralised court office” means a court office designated under section 36; “court office” has the same meaning as it has...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 48: In page 16, between lines 30 and 31, to insert the following: “Centralised court offices 36.(1)Notwithstanding any other enactment, the Courts Service may designate any court office as a centralised court office. (2) The Courts Service shall, in designating a centralised court office under subsection (1), specify— (a) the business of each...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 49: In page 16, between lines 30 and 31, to insert the following: “Consultations 37. (1) The Courts Service shall consult with the Chief Justice prior to— (a) designating an office attached to the Supreme Court as a centralised court office under section 36(1), (b) specifying as specified business under section 36(2) business that would otherwise be...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 50: In page 16, between lines 30 and 31, to insert the following: “Centralised court office - deemed powers and functions 38. Where, pursuant to section 36, specified business may or shall be transacted in a centralised court office, for the purposes of such a transaction in the centralised court office, the following shall apply: (a) that centralised...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 51: In page 16, between lines 30 and 31, to insert the following: “Staff of centralised court office 39.There shall be employed in a centralised court office such and so many members of the staff of the Courts Service as the Courts Service shall from time to time determine.”.

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 52: In page 16, between lines 30 and 31, to insert the following: “Functions of staff 40.The Courts Service may, notwithstanding any other provision of any enactment, appoint any member of staff of the Courts Service employed in a centralised court office under section 39as a district court clerk for such one or more district court areas in respect of which...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 53: In page 16, between lines 30 and 31, to insert the following: “Continuity of administration of justice not to be affected 41.(1) The continuity of the administration of justice shall not be interrupted by- (a) the designation of a centralised court office under section 36(1), (b) the specification of business as specified business under section 36(2),...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 54: In page 16, between lines 30 and 31, to insert the following: “Immunity from suit 42.Civil or criminal proceedings shall not lie in any court against the Courts Service, a member of staff of a court office or any other member of staff of the Courts Service in respect of anything said or done in good faith by the Courts Service or such a member of staff in...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No. 55: In page 16, between lines 30 and 31, to insert the following: “Electronic Registers 43.(1) Subject to subsection (2)and notwithstanding any other enactment, the Chief Executive Officer of the Courts Service may, where he or she considers it appropriate, having regard to the benefit of information being made available to the public in an electronic form and...

Select Committee on Justice and Equality: Courts and Civil Law (Miscellaneous Provisions) Bill 2022: Committee Stage (22 Nov 2022)

James Browne: I move amendment No 56: In page 16, between lines 32 and 33, to insert the following: “Definitions (Part 8) 27.In this Part— “Act of 1926” means the Court Officers Act 1926; “Act of 1936” means the Courts of Justice Act 1936; “Act of 1961” means the Courts (Supplemental Provisions) Act 1961.” Amendment No. 57 replaces...

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