PART II

Supreme Court

4. —(1) There shall be vested in the Supreme Court all powers, jurisdiction and functions which, before the coming into operation of an order under section 1 (2) of this Act, are vested in or are capable of being exercised by the Court of Criminal Appeal.

(2) Any application or other matter that is pending before the Court of Criminal Appeal on or before the coming into operation of an order under section 1 (2) of this Act including cases listed for hearing by that Court and any notice of appeal or notice of application for leave to appeal to the Court of Criminal Appeal shall be heard by the Supreme Court.

(3) References to the Court of Criminal Appeal in any statute or statutory instrument shall be construed as references to the Supreme Court.

5. —(1) There shall be vested in the Supreme Court all powers, jurisdiction and functions which, before the coming into operation of an order under section 1 (2) of this Act, are vested in or are capable of being exercised by the Courts-Martial Appeal Court.

(2) Any application or other matter that is pending before the Courts-Martial Appeal Court, on or before the coming into operation of an order under section 1 (2) of this Act, including cases listed for hearing by that Court and any notice of appeal or notice of application for leave to appeal to the Courts-Martial Appeal Court shall be heard by the Supreme Court.

(3) References to the Courts-Martial Appeal Court in any statute or statutory instrument shall be construed as references to the Supreme Court.

6. —(1) Section 1 of the Courts (Establishment and Constitution) Act, 1961 , is hereby amended by the substitution of the following subsection for subsection (2):

“(2) The Supreme Court shall be constituted of the following judges—

(a) the president thereof, namely, An Príomh-Bhreitheamh (The Chief Justice), and

(b) not more than seven ordinary judges (each of whom shall be styled ‘Breitheamh den Chúirt Uachtarach’ (‘Judge of the Supreme Court’)).”.

(2) Section 14 (1) (a) (i) of the Law Reform Commission Act, 1975 , shall be construed as if “eight” were substituted for “five” in that section.

7. —Section 7 of the Act of 1961, is hereby amended by the substitution of the following subsections for subsections (3) and (4):

“(3) The Supreme Court may sit in two or more divisions and they may sit at the same time.

(4) Subject to subsection (5) of this section, the Chief Justice or, in his or her absence the senior ordinary judge of the Supreme Court for the time being available, may determine that an appeal to or other matter cognisable by the Supreme Court may be heard and determined by a division of five or three judges of the Supreme Court, including judges who are by virtue of subsection (3) or (4) of section 1 of the Principal Act, additional judges of the Supreme Court.

(5) An appeal to or other matter cognisable by the Supreme Court under Article 12 or Article 26 of the Constitution or a question of the validity of any law having regard to the provisions of the Constitution shall be heard and determined by not less than five judges of the Supreme Court including judges who are, by virtue of subsection (3) or (4) of section 1 of the Principal Act, additional judges of the Supreme Court.”.

8. —Notwithstanding section 18 (1) (a) of the Courts Act, 1981 , it shall be the function of the Chief Justice or in his or her absence the senior ordinary judge of the Supreme Court to arrange the distribution and allocation of the business of the Supreme Court.