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8 1998




Establishment of Transitional Board.

37. —(1) There is hereby established on the passing of this Act a body corporate to be known as the Courts Service Transitional Board.

(2) The Transitional Board shall be a body corporate with perpetual succession and an official seal and power to sue and be sued in its corporate name.

Membership, etc., of Transitional Board.

38. —(1) Subject to subsections (2) and (3), the Transitional Board shall be constituted in the same way as provided for the Board in Part III and that Part (other than section 13 ), with any necessary modifications, shall apply to and in relation to the Transitional Board and its members as if it were the Board under that Part and references therein to the establishment day were references to the date of the coming into operation of this Part.

(2) The Minister shall as soon as practicable after the passing of this Act, after consultation with the relevant staff associations and recognised trade unions concerned, appoint as a member of the Transitional Board a person referred to in Schedule 1 .

(3) On his or her appointment under section 40 (1), the Chief Executive Designate shall be a member of the Transitional Board.

Functions and powers of Transitional Board.

39. —(1) The functions of the Transitional Board shall be—

(a) to prepare for the assumption by the Service of the functions to be vested in the Service under this Act on the establishment day, and

(b) to appoint a Chief Executive Designate.

(2) The Transitional Board shall have such powers only as are necessary to enable it to carry out its functions.

(3) The Transitional Board shall determine its own procedures.

Appointment of Chief Executive Designate.

40. —(1) The Transitional Board shall appoint a person to be the Chief Executive Designate.

(2) The Chief Executive Designate 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 Transitional Board and approved by the Minister with the consent of the Minister for Finance.

(3) In subsection (2), “remuneration” includes allowances for expenses, benefits-in-kind and superannuation.

(4) The Civil Service Commissioners Act, 1956 , shall not apply to the appointment of a person as the Chief Executive Designate.

(5) The Chief Executive Designate shall assist the Transitional Board in carrying out its functions under section 39 .

Interim functions not to affect judicial independence.

41. —No function conferred on or power vested in the Transitional Board or the Chief Executive Designate under this Act shall be exercised so as to interfere with the conduct of that part of the business of the courts required by law to be transacted by or before one or more judges or to impugn the independence of—

(a) a judge in the performance of his or her judicial functions, or

(b) a person other than a judge in the performance of limited functions of a judicial nature conferred on that person by law.

Expenses incurred by Transitional Board.

42. —Expenses incurred by the Transitional Board shall form part of the expenses of the Minister in the administration of this Act.

Dissolution of Transitional Board.

43. —On the establishment day the Transitional Board shall stand dissolved and on and after that day all assets, liabilities, obligations and things held, done or executed by the Transitional Board shall be deemed to be assets, liabilities, obligations and things of the Board as if it were in existence at the relevant time, and all documents shall be construed accordingly.