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8 1998

COURTS SERVICE ACT, 1998

PART IV

Chief Executive Officer

Chief Executive.

17. —(1) Subject to subsection (2), the Board shall appoint a person to be the Chief Executive Officer of the Service.

(2) The person holding office as Chief Executive Designate immediately before the establishment day shall be the first Chief Executive of the Service.

(3) The Chief Executive shall hold office under a written contract of service (which contract may be renewed) for such period as is specified in the contract, and subject to such terms and conditions (including terms and conditions relating to remuneration and suspension and termination of employment) as may be determined by the Board and approved by the Minister with the consent of the Minister for Finance.

(4) In subsection (3), “remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

Civil Service Commissioners Act, 1956 , not to apply to appointment of Chief Executive.

18. —The Civil Service Commissioners Act, 1956 , shall not apply to the appointment of a person as the Chief Executive.

Chief Executive to be accounting officer.

19. —The Chief Executive shall be the accounting officer for the appropriation accounts of the Service for the purposes of the Exchequer and Audit Departments Acts, 1866 and 1921, and the Comptroller and Auditor General (Amendment) Act, 1993 .

Functions of Chief Executive.

20. —(1) Notwithstanding any other enactment, the Chief Executive shall manage and control generally the staff, administration and business of the Service, including the functions of County Registrars insofar as such functions relate to a function of the Service, and shall perform such other functions as may be conferred on him or her by or under this Act or by the Board.

(2) The Chief Executive shall be responsible to the Board for the performance of his or her functions and the implementation of the Board's policies.

(3) The Chief Executive shall provide to the Board such information (including financial information) in relation to the performance of his or her functions as the Board may from time to time require.

(4) Such of the functions of the Chief Executive as may from time to time be specified by him or her may, with the consent of the Board, be performed by such member of the staff of the Service as may be authorised by the Chief Executive.

(5) The functions of the Chief Executive may be performed during his or her absence or when the position of Chief Executive is vacant by such member of the staff of the Service as may from time to time be designated for that purpose by the Board.

Attendance of Chief Executive before Oireachtas Committee.

21. —(1) Subject to subsections (2) and (3), the Chief Executive shall at the request in writing of an Oireachtas Committee (in this section referred to as “the Committee”) attend before it to give account for the general administration of the Service, including the 3 year strategic plans laid before the Houses of the Oireachtas under section 7 , as may be required by the Committee.

(2) The Chief Executive shall not be required to give account before the Committee for any matter relating to—

(a) the exercise by a judge of his or her judicial functions, or

(b) the exercise by a person other than a judge of limited jurisdiction of a judicial nature,

including a matter which is, has been or may at a future time be the subject of proceedings before a court in the State.

(3) Where the Chief Executive is of the opinion that a matter in respect of which the Chief Executive is requested to give account before the Committee is a matter to which subsection (2) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the Chief Executive is before it, the information shall be so conveyed in writing.

(4) Where the Chief Executive has informed the Committee of his or her opinion in accordance with subsection (3) and the Committee does not withdraw the request referred to in subsection (1)

(a) the Chief Executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one contemplated under subsection (2), or

(b) the chairperson of the Committee may, on behalf of the Committee, make such an application,

and the High Court may determine the matter.

(5) Pending the determination of an application under subsection (4), the Chief Executive shall not attend before the Committee to give account for the matter the subject of the application.

(6) If the High Court determines that the matter is one to which subsection (2) applies, the Committee shall withdraw the request referred to in subsection (1), but if the High Court determines that subsection (2) does not apply, the Chief Executive shall attend before the Committee to give account for the matter.

(7) In this section “Oireachtas Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee on Members' Interests of Dáil Éireann or the Committee on Members' Interests of Seanad Éireann) or a subcommittee of such a Committee.