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8 1998

COURTS SERVICE ACT, 1998

PART VII

Miscellaneous

Chief Executive to be member of committees on rules of court, etc.

30. —(1) Subject to subsection (2), the Chief Executive for the time being shall be a member of the Superior Courts Rules Committee (established under section 67 of the Courts of Justice Act, 1936 ), the Circuit Court Rules Committee (established under section 69 of the Courts of Justice Act, 1936 ), and the District Court Rules Committee (established under section 71 of the Courts of Justice Act, 1936 ).

(2) The Chief Executive for the time being may, from time to time, delegate in writing his or her membership of any of the Committees referred to in subsection (1) to a member of the staff of the Service and any such delegation may be revoked at any time by the Chief Executive.

County Registrars and Service.

31. —Subject to section 9 , every County Registrar shall, on the establishment day, be transferred to the Service in respect of those functions of County Registrars which relate to a function of the Service.

Membership of either House of Oireachtas or of European Parliament.

32. —(1) Notwithstanding section 12 , where a member of the Board or of the staff of the Service is—

(a) nominated as a member of Seanad Éireann,

(b) elected as a member of either House of the Oireachtas or to the European Parliament, or

(c) regarded, pursuant to section 19 of the European Parliament Elections Act, 1997 , as having been elected to the European Parliament to fill a vacancy,

he or she shall thereupon—

(i) in the case of a member of the Board — cease to be a member of the Board, and

(ii) in the case of a member of the staff of the Service — stand seconded from his or her employment with the Service and shall not be paid by, or be entitled to receive from, the Service remuneration or allowances in respect of the period commencing on such nomination or election, or when he or she is so regarded as having been elected (as the case may be) and ending when he or she ceases to be a member of either such House or such Parliament.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein or who is a member of the European Parliament shall, while he or she is so entitled or is such a member, be disqualified from becoming a member of the Board.

(3) Without prejudice to the generality of subsection (1), that subsection shall be construed as prohibiting, among other things, the reckoning of a period mentioned in subparagraph (ii) of that subsection, as service with the Service for the purposes of any superannuation benefits.

Service deemed State authority for planning and development purposes.

33. —(1) The Service shall be deemed to be a State authority for the purposes of the Local Government (Planning and Development) Act, 1993 , and a reference in any regulation made under section 2(1)(a) of that Act to the Department of Justice, Equality and Law Reform shall be construed as including a reference to the Service.

(2) (a) Notwithstanding section 2 of the Local Government (Planning and Development) Act, 1993 , or any regulations made under that section which provide for notification in respect of development consisting of the provision of temporary courthouses, it shall be necessary to notify such development once only.

(b) In paragraph (a)courthouses” means buildings, or other premises or installations, or other structures or facilities, whether provided on a temporary or permanent basis, used for the purposes of or in connection with the transaction of any business relating to a court, tribunal, inquiry or inquest established by statute.

Regulations.

34. —The Minister may make such regulations as are necessary for the purposes of giving effect to this Act.

Laying of regulations and orders before Houses of Oireachtas.

35. —Every order made under subsection (2) or (3) of section 29 or regulation made under section 34 shall be laid before each House of the Oireachtas as soon as practicable after it is made and if a resolution annulling the order or regulation is passed by either such House within the next subsequent 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

Expenses.

36. —The expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.