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20 1947

COURTS OF JUSTICE ACT, 1947

PART III.

President of the Circuit Court and his Powers and Duties.

President of the Circuit Court.

9. —(1) There shall be a President of the Circuit Court.

(2) The President of the Circuit Court shall notwithstanding anything contained in the Courts of Justice Acts, 1924 to 1946, be ex-officio an additional Judge of the High Court.

(3) The President of the Circuit Court shall be appointed from amongst the Circuit Judges by the President acting on the advice of the Government and shall take precedence over all other Circuit Judges.

(4) The person appointed to be President of the Circuit Court shall hold that office so long as he holds the office of Circuit Judge.

Powers of the President of the Circuit Court.

10. —(1) For ensuring an equitable distribution of the work of the Circuit Court amongst the several Judges thereof and the prompt despatch of the business of the Circuit Court in the several circuits thereof, the President of the Circuit Court shall have and exercise the powers conferred on him by subsections (2), (3), (4), (5) and (6) of this section.

(2) (a) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit, the places therein at which sittings are to be held, and whenever an order, made under this paragraph in relation to a circuit, is in force, sittings within that circuit shall be held at the places fixed by the order and not elsewhere.

(b) The President of the Circuit Court may, from time to time, by order fix, in respect of any circuit, the dates on which sittings shall commence at each place therein at which sittings are to be held, and, whenever an order under this paragraph is in force, sittings shall commence at each such place in accordance with the order.

(c) The President of the Circuit Court may at any time by order revoke or amend an order made under this subsection (including this paragraph).

(d) The President of the Circuit Court shall, before exercising his powers under this subsection in respect of a circuit, first consult the Circuit Judge permanently assigned to that circuit.

(e) Every order made under this subsection shall, as soon as may be after it is made, be published in such manner as the President of the Circuit Court may direct.

(f) In this subsection the word “sittings” means sittings of the Circuit Court.

(3) (a) The President of the Circuit Court may at any time temporarily assign to any circuit (whether there is or is not a Circuit Judge permanently assigned thereto) any Circuit Judge, whether he is or is not permanently assigned to another circuit.

(b) Where a Circuit Judge who is permanently assigned to a particular circuit is temporarily assigned under this subsection to another circuit, such temporary assignment shall not terminate or affect such permanent assignment or deprive or relieve him of any of the privileges, powers and duties vested in or imposed on him by virtue of such permanent assignment.

(4) Where a person is appointed under section 14 of the Act of 1936 to act as a Circuit Judge, the President of the Circuit Court may, during the period for which that person is so appointed, from time to time assign him to any circuit, whether there is or is not a Circuit Judge permanently assigned thereto.

(5) (a) Where two or more Circuit Judges are for the time being assigned (whether permanently or temporarily) to a particular circuit, the President of the Circuit Court, after consultation with the said Circuit Judges, may, from time to time, allocate the business of the Circuit Court in that circuit amongst the said Circuit Judges.

(b) References in this subsection to Circuit Judges shall be construed as including references to persons appointed under section 14 of the Act of 1936 to act as Circuit Judges.

(6) For the purposes of enabling the President of the Circuit Court to perform his functions under this section, the county registrar for a county or a county borough shall, when so requested by the President of the Circuit Court, furnish to him such particulars, in relation to the business of the Circuit Court in such county or county borough, as may be specified in the request.

(7) If the President of the Circuit Court is unable to act during any period, then, during that period, the Dublin Circuit Judge or (if more than one) the senior of the Dublin Circuit Judges shall have and exercise the powers conferred on the President of the Circuit Court by subsections (2), (3), (4), (5) and (6) of this section.

Duties and powers of Circuit Judges temporarily assigned to circuits.

11. —(1) Where a Circuit Judge is temporarily assigned, under section 10 of this Act, to a circuit, then, such Circuit Judge shall, while so temporarily assigned, have, in relation to such circuit and concurrently with the Circuit Judge permanently assigned thereto and any other Circuit Judge who is so temporarily assigned to such circuit, all the privileges, powers and duties for the time being conferred or imposed by law on a Circuit Judge permanently assigned to such circuit.

(2) In this section the expression “Circuit Judge” includes a person appointed under section 14 of the Act of 1936 to act as a Judge of the Circuit Court.

Ex-officio members of the Circuit Court Rules Committee.

12. —The ex-officio members of the Circuit Court Rules Committee established by section 69 of the Act of 1936 shall be—

(a) the President of the Circuit Court, who shall be chairman of the said Committee, and

(b) the county registrar for the county and city of Dublin, who shall be secretary of the said committee.