PART I

Preliminary And General

1. —(1) This Act may be cited as the Courts (Supplemental Provisions) Act, 1961.

(2) This Act shall come into operation on the date on which the Principal Act comes into operation and immediately after the coming into operation of the Principal Act.

2. —(1) In this Act—

“the Act of 1924” means the Courts of Justice Act, 1924 ;

“the Act of 1926” means the Court Officers Act, 1926 ;

“the Act of 1936” means the Courts of Justice Act, 1936 ;

“the Act of 1945” means the Court Officers Act, 1945 ;

“the Act of 1946” means the Courts of Justice (District Court) Act, 1946 ;

“the Act of 1947” means the Courts of Justice Act, 1947 ;

“the Act of 1949” means the Courts of Justice (District Court) Act, 1949 ;

“the Act of 1953” means the Courts of Justice Act, 1953 ;

“the Circuit Court” means the Court established by section 4 of the Principal Act;

“the Court of Criminal Appeal” means the Court established by section 3 of the Principal Act;

“the District Court” means the Court established by section 5 of the Principal Act;

“the Dublin Metropolitan District” means the district styled and known as the Dublin Metropolitan District under section 64 of the Act of 1936;

“enactment” includes a charter and any instrument made under an enactment;

“the existing Chief Justice” means the judge of the existing Supreme Court who, by virtue of section 5 of the Act of 1924, was, immediately before the operative date, president of that Court;

“the existing Circuit Court” means the Circuit Court of Justice constituted by section 37 of the Act of 1924;

“the existing Court of Criminal Appeal” means the Court of Criminal Appeal constituted by section 8 of the Act of 1924;

“the existing District Court” means the District Court of Justice constituted by section 67 of the Act of 1924;

“the existing High Court” means the High Court of Justice constituted by section 4 of the Act of 1924;

“the existing President of the Circuit Court” means the judge of the existing Circuit Court who, immediately before the operative date, held the office created by section 9 of the Act of 1947;

“the existing President of the High Court” means the judge of the existing High Court who, by virtue of section 4 of the Act of 1924, was, immediately before the operative date, president of that Court;

“the existing Supreme Court” means the Supreme Court of Justice constituted by section 5 of the Act of 1924;

“the High Court” means the Court established by section 2 of the Principal Act;

“justice of the District Court” includes, except where the context otherwise requires, the President of the District Court;

“the Minister” means the Minister for Justice;

“the operative date” means the date on which this Act comes into operation;

“the Principal Act” means the Courts (Establishment and Constitution) Act, 1961 (No. 39 of 1961);

“State authority” means any authority being—

(a) a Minister of State, or

(b) the Commissioners of Public Works in Ireland, or

(c) the Irish Land Commission, or

(d) the Revenue Commissioners, or

(e) the Attorney General;

“the Supreme Court” means the Court established by section 1 of the Principal Act.

(2) Except where the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, adapted or applied by or under any other enactment, including this Act.

3. —The enactments mentioned in column (2) of the First Schedule to this Act are hereby repealed to the extent mentioned in column (3) of that Schedule, but, without prejudice to subsection (1) of section 21 of the Interpretation Act, 1937 , such of those enactments as relate to the pensions of the judges and justices of the courts established by the Act of 1924 shall, notwithstanding the repeal thereof, continue to apply to any person who, having been a judge of the existing Supreme Court, existing High Court or existing Circuit Court or a justice of the existing District Court, retired or retires from office before the operative date.