26 1986

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Number 26 of 1986


COURTS (NO. 2) ACT, 1986


ARRANGEMENT OF SECTIONS

Section

1.

Examination of debtor as to means.

2.

Imprisonment on summary conviction in default of payment of fine.

3.

Amendment of Enforcement of Court Orders Act, 1940.

4.

Grant of renewal of intoxicating liquor licences without court certificates.

5.

Enforcement of certain orders under Guardianship of Infants Act, 1964.

6.

Amendment of section 25 of Intoxicating Liquor Act, 1927.

7.

Amendment of section 27 of Intoxicating Liquor Act, 1927.

8.

Amendment of Criminal Procedure Act, 1967.

9.

Miscellaneous amendments and repeals.

10.

Short title, construction, collective citation and commencement.

FIRST SCHEDULE

SECOND SCHEDULE


Acts Referred to

Beerhouses (Ireland) Act, 1864

1864, c. 35

Beer Licences Regulation (Ireland) Act, 1877

1877, c. 4

Courts of Justice Acts, 1924 to 1961

Courts (Supplemental Provisions) Acts, 1961 to 1986

Criminal Procedure Act, 1967

1967, No. 12

Customs Acts

Enforcement of Court Orders Act, 1926

1926, No. 18

Enforcement of Court Orders Act, 1940

1940, No. 23

Enforcement of Court Orders Acts, 1926 and 1940

Family Law (Maintenance of Spouses and Children) Act, 1976

1976, No. 11

Fire Services Act, 1981

1981, No. 30

Guardianship of Infants Act, 1964

1964, No. 7

Illegitimate Children (Affiliation Orders) Act, 1930

1930, No. 17

Intoxicating Liquor Act, 1927

1927, No. 15

Intoxicating Liquor Act, 1960

1960, No. 18

Intoxicating Liquor Act, 1962

1962, No. 21

Licensing Act, 1872

1872, c. 94

Licensing Act (Ireland), 1874

1874, c. 69

Licensing Acts, 1833 to 1983

Licensing (Ireland) Act, 1833

1833, c. 68

Licensing (Ireland) Act, 1855

1855, c. 62

Licensing (Ireland) Act, 1902

1902, c. 18

Petty Sessions (Ireland) Act, 1851

1851, c. 93

Registration of Clubs (Ireland) Act, 1904

1904, c. 9

Roads Act, 1920

1920, c. 72

Small Penalties (Ireland) Act, 1873

1873, c. 82

Spirits (Ireland) Act, 1854

1854, c. 89

Tourist Traffic Act, 1952

1952, No. 15

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Number 26 of 1986


COURTS (NO. 2) ACT, 1986


AN ACT TO AMEND AND EXTEND THE COURTS OF JUSTICE ACTS, 1924 TO 1961, AND THE COURTS (SUPPLEMENTAL PROVISIONS) ACTS, 1961 TO 1986, AND TO PROVIDE FOR OTHER MATTERS RELATING TO THE COURTS. [12th July, 1986]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Examination of debtor as to means.

1. —(1) The Enforcement of Court Orders Act, 1926 , is hereby amended by the substitution of the following section for section 15 :

“15.—(1) (a) Whenever a debt is due on foot of a judgment, order or decree of a competent court by a person (in this Part of this Act referred to as ‘the debtor’) to another person (in this Part of this Act referred to as ‘the creditor’) the creditor may, subject to this section, apply to a District Court clerk for the District Court Area wherein the examination is to take place for the issue of a summons requiring the debtor to attend for examination as to his means by a Justice of the District Court.

(b) Such summons shall be in a form required by rules of court and shall, subject to subsection (2), be issued by the District Court clerk mentioned in paragraph (a).

(c) Upon service of such summons and for the purposes of such examination, the debtor shall lodge a statement (in this Part of this Act referred to as ‘a statement of means’) in accordance with subsections (3) and (4) of this section.

(2) An application for a summons under subsection (1) of this section shall be supported by a statutory declaration by or on behalf of the creditor that—

(a) the debt is due under a judgment, order or decree of a court of competent jurisdiction, and

(b) the debtor is ordinarily resident in the District Court District wherein his examination is to take place.

(3) The statement of means shall be in a form required by rules of court and shall specify the assets and liabilities of the debtor, his income earned and unearned, the means by which it is earned or the source from which it is derived, and the persons for whose support he is legally or morally liable.

(4) The statement of means shall, not less than one week before the sitting of the District Court at which the examination is to take place, be lodged with the District Court clerk for the District Court Area wherein the debtor's examination is to take place.

(5) The creditor shall be entitled, on payment of the prescribed fee, to inspect and take or obtain copies of the statement of means when lodged.

(6) At an examination pursuant to a summons under this section of a debtor the creditor shall produce evidence—

(a) of the original debt due to the creditor under a judgment, order or decree of a competent court (together with a certificate in a form required by rules of court setting out the amount outstanding at the date of the certificate), and

(b) that the debtor is ordinarily resident in the District Court District in which the examination is taking place.

(7) (a) In this section ‘prescribed’ means prescribed by regulations made by the Minister for Justice with the consent of the Minister for Finance.

(b) For the purposes of this section, the Dublin Metropolitan District shall be deemed to be a District Court Area.

(c) For the purposes of this Part of this Act, ‘debt’ includes any balance of a debt remaining due after payment or recovery of part thereof.”.

(2) Any proceedings under section 15 of the Enforcement of Court Orders Act, 1926 , which were pending in the District Court immediately before the commencement of this section may be continued and completed as if this section had not been passed.

Imprisonment on summary conviction in default of payment of fine.

2. —(1) Where on summary conviction a fine is imposed a court may order that, in default of due payment of the fine, the person liable to pay the fine shall be imprisoned for a term not exceeding the appropriate period specified in the following scale:

Amount of Fine

Period of Imprisonment

Not exceeding £50

5 days

Exceeding £50 but not exceeding £250

15 days

Exceeding £250 but not exceeding £500

45 days

Exceeding £500

90 days

(2) Where on summary conviction a fine is imposed on a body corporate, the fine may, in default of due payment, be levied by distress and sale of the goods of the body corporate.

(3) This section does not apply to any case relating to a tax or duty which is under the care and management of the Revenue Commissioners or to any fine, penalty or forfeiture incurred in connection with such a tax or duty or otherwise incurred under the Customs Acts, other than an excise penalty under the Roads Act, 1920 (as amended), imposed on foot of a complaint made by a member of the Garda Síochána.

(4) In this section—

fine” includes any compensation, costs or expenses in addition to a fine ordered to be paid;

summary conviction” includes a conviction imposed on foot of a trial of a summary offence and of a trial of an indictable offence tried summarily.

Amendment of Enforcement of Court Orders Act, 1940.

3. —(1) In this section “the Act of 1940” means the Enforcement of Court Orders Act, 1940 .

(2) The Act of 1940 is hereby amended by the substitution of the following section for section 3:

“3.—An application under section 15 of the Enforcement of Court Orders Act, 1926 (as amended by the Courts (No. 2) Act, 1986) may be made at any time not more than six years after the date of the judgment, order or decree in relation to which the application is made.”.

(3) The Act of 1940 is hereby amended by the substitution of the following subsection for subsection (1) of section 4:

“(1) An instalment order shall continue in force until the expiration of twelve years from the date of the relevant judgment, order or decree.”.

(4) The Act of 1940 is hereby amended by the insertion of the following subsection after subsection (3) of section 5:

“(4) An order under this section varying an instalment order shall not so operate as to make the instalment order enforceable after the expiration of twelve years from the date of the relevant judgment, order or decree”.

(5) The references in subsections (1) and (7) of section 8 of the Act of 1940 (as amended) to an order shall include a reference to—

(a) any order as to costs that is made in conjunction with the order primarily referred to, and

(b) any order as to costs made by a court in a reciprocating jurisdiction within the meaning of the Maintenance Orders Act, 1974, and made by such a court in connection with an order that has become an enforceable maintenance order under that Act.

Grant of renewal of intoxicating liquor licences without court certificates.

4. —(1) In this section—

the Act of 1902” means the Licensing (Ireland) Act, 1902;

the Act of 1927” means the Intoxicating Liquor Act, 1927 ;

the Act of 1952” means the Tourist Traffic Act, 1952 ;

the Act of 1960” means the Intoxicating Liquor Act, 1960 ;

licence” means a licence for the sale of intoxicating liquor for the grant of which the production of a certificate of the District Court or the Circuit Court (as the case may be) is required.

(2) Subject to subsection (5) of this section, where a renewal is required of a licence for premises which have been licensed in the immediately preceding year, it shall not be necessary to produce a certificate of the District Court to an officer of the Revenue Commissioners empowered to grant a renewal of such a licence.

(3) Where a renewal of a licence is granted by an officer of the Revenue Commissioners and false or misleading information was given to the Commissioners in support of the application for such grant, the applicant shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £300.

(4) Where the applicant is convicted of an offence under subsection (3) of this section or where there was a failure to comply with subsection (11) of this section, the District Court may order that the licence be forfeited.

(5) Notwithstanding subsection (2) of this section, a licence shall not be renewable on expiry without the production of a certificate of the District Court for the district court area within which the premises concerned are situate where—

(a) a notice of objection to such renewal has been lodged with the Court within the time prescribed in rules of court, or

(b) the licence is one which is renewable by virtue of the provisions of section 30 (1) (b) of the Act of 1960, or

(c) it is proposed to insert a condition in the licence in pursuance of section 8 or section 9 of the Act of 1927.

(6) An objection to the renewal of a licence may be made by any person who, but for the passing of this Act, would have been authorised to object to the grant of a certificate required for the renewal of a licence in respect of the premises; and any such objection shall be deemed to be an objection to the grant of the certificate required by subsection (5) of this section.

(7) Subject to subsection (8) of this section the certificate required by subsection (5) of this section shall be as to—

(a) the good character of the licensee,

(b) the peaceable and orderly manner in which the licensed premises were conducted in the year ending on the expiry of the licence, and

(c) in the case of premises licensed by virtue of Chapter III of Part VI of the Act of 1952, the orderly manner in which the holiday camp (within the meaning of that Chapter) in which the premises are situate was conducted in the year ending on the expiry of the licence.

(8) In the case of a renewal of a licence pursuant to the provisions of section 30 (1) (b) of the Act of 1960, the certificate required by subsection (5) of this section shall be as to—

(a) the good character of the applicant, and

(b) where business has been conducted in the premises concerned at any time during the year ending on the expiry of the licence, the peaceable and orderly manner in which the premises were conducted.

(9) Notwithstanding subsection (2) of this section, a licence for an hotel, being a licence—

(a) in respect of which effect was given to section 42 (1) of the Act of 1952, or

(b) which was granted after the passing of the Act of 1960, by virtue of paragraph (2) of section 2 of the Act of 1902,

shall not be renewable on expiry without the production to the Revenue Commissioners of a certificate that the hotel in respect of which the licence was granted is registered in the register of hotels kept by Bord Fáilte Éireann.

(10) An officer of the Revenue Commissioners empowered to grant a renewal of a licence shall not grant the renewal of a licence to which section 2 of the Beer Licences Regulation (Ireland) Act, 1877, applies without the production of a statutory declaration that the conditions in that section concerning the rateable valuation of the premises which are the subject of the licence have been met, and that such premises have been in the exclusive occupation of the licence-holder for at least three months preceding the date of application for renewal.

(11) In applying for a renewal of a licence, the applicant shall inform the Revenue Commissioners of the following, where applicable:

(a) that section 30 of the Act of 1960 applies;

(b) that he proposes to apply to the District Court for the insertion of a condition in his licence in pursuance of section 8 or section 9 of the Act of 1927;

(c) that the licence is one in respect of which effect was given to section 42 (1) of the Act of 1952, or which was granted after the passing of the Act of 1960 by virtue of paragraph (2) of section 2 of the Act of 1902.

Enforcement of certain orders under Guardianship of Infants Act, 1964.

5. — (1) In this section “the Act of 1964” means the Guardianship of Infants Act, 1964 , as amended by the Courts Act, 1981, and the Age of Majority Act, 1985.

(2) Without prejudice to the law as to contempt of court, where the District Court has made an order under section 7 or section 11 of the Act of 1964 containing a direction regarding—

(a) the custody of an infant, or

(b) the right of access to an infant,

any, person having the actual custody of the infant who, having been given or shown a copy of the order and—

(i) having been required, by or on behalf of a person to whom the custody of the infant is committed by the direction, to give up the infant to that person, or

(ii) having been required, by or on behalf of a person entitled to access to the infant in accordance with the direction, to allow that person to have such access,

fails or refuses to comply with the requirement shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £200 or, at the discretion of the Court, to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

(3) For the purposes of this section a person shall be deemed to have been given or shown a copy of an order made under section 7 or section 11 of the Act of 1964 if that person was present at the sitting of the Court at which such order was made.

(4) The references in subsections (1) and (7) of section 8 of the Enforcement of Court Orders Act, 1940 , to an order shall be construed as including references to a maintenance order made under section 7 (6) or section 11 (2) (b) of the Act of 1964 and to a variation order made under section 12 of the Act of 1964.

Amendment of section 25 of Intoxicating Liquor Act, 1927.

6. Section 25 of the Intoxicating Liquor Act, 1927 , is hereby amended—

(a) by the insertion in subsection (1) before “Whenever” of “Subject to the provisions of subsection (1A) of this section”, and

(b) by the insertion after subsection (1) of the following subsection:

“(1A) In the case of a conviction for any offence relating to prohibited hours, the provisions of subsection (1) of this section shall apply only if the Court in its discretion so thinks proper”,

and the said subsection (1), as so amended, is set out in the Table to this section.

TABLE

(1) Subject to the provisions of subsection (1A) of this section, whenever the holder of any licence for the sale of intoxicating liquor by retail is convicted of an offence to which this Part of this Act applies the conviction shall, if the person so convicted is the holder of one such licence only, be recorded on such licence or, if such person is the holder of two or more such licences in respect of the same premises, be recorded on all such licences or, if such person is the holder of two or more such licences which do not all relate to the same premises, be recorded on such one or more of those licences as relate to the premises in respect of which the offence was committed.

Amendment of section 27 of Intoxicating Liquor Act, 1927.

7. — The Intoxicating Liquor Act, 1927 , is hereby amended by the substitution of the following section for section 27 :

“27.—(1) Whenever the holder of any licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies, an appeal shall lie from such conviction to the Judge of the Circuit Court within whose circuit the District or any part of the District of such Justice is situate, and the decision of such Judge shall be final and not appealable.

(2) On the hearing of an appeal under subsection (1) of this section from a conviction for an offence relating to prohibited hours, the Judge of the Circuit Court may, although affirming the conviction, make, if in his discretion he so thinks proper, an order declaring that such conviction shall not be recorded on such licence and, whenever such an order is so made, such conviction shall not be so recorded and shall for all purposes be deemed never to have been so recorded and, accordingly, any forfeiture occasioned by the recording of such conviction shall be deemed to be cancelled”.

Amendement of Criminal Procedure Act 1967.

8. —(1) Where under Part II of the Criminal Procedure Act, 1967 , a preliminary examination of an indictable offence is being conducted by a particular justice of the District Court and, owing to the illness of that justice or for any other reason, is continued by another justice, a deposition or statement taken or signed by the former may for the purposes of that Act be treated by the latter as if it had been taken or signed by him.

(2) The Criminal Procedure Act, 1967 , is hereby amended by the substitution of the following subsection for subsection (5) of section 24:

“(5) (a) Where there is no sitting of the Court on the day to which a person is remanded in custody, he shall stand so remanded to the sitting of the Court next held in the same district court district.

(b) Where there is no sitting of the Court on the day to which a person is remanded on bail, he shall stand so remanded to the sitting of the Court next held in the same district court area.”

Miscellaneous amendments and repeals.

9. —Each provision mentioned in column (2) of the First Schedule to this Act opposite the mention in column (1) of that Schedule of an enactment is hereby amended in the manner stated in column (3) of that Schedule, and each enactment mentioned in column (2) of the Second Schedule to this Act is hereby repealed to the extent mentioned in column (3) of that Schedule.

Short title, construction, collective citation and commencement.

10. —(1) This Act may be cited as the Courts (No. 2) Act, 1986.

(2) The collective citation “the Courts (Supplemental Provisions) Acts, 1961 to 1986” shall include this Act (other than sections 4 , 6 and 7 and the First Schedule in so far as it relates to the law on intoxicating liquor) and the said Courts (Supplemental Provisions) Acts, 1961 to 1986 (other than the said sections 4 , 6 and 7 and the said First Schedule in so far as it relates to the law on intoxicating liquor) shall be construed together as one Act.

(3) Sections 4 , 6 and 7 and, in so far as they relate to the law on intoxicating liquor, section 9 of this Act and the First Schedule to this Act, and the Licensing Acts, 1833 to 1983, shall be construed together with those Acts and may be cited together with them as the Licensing Acts, 1833 to 1986.

(4) Section 9 of this Act and the First Schedule to this Act, insofar as they relate to the Registration of Clubs Acts, 1904 to 1981, shall be construed together with those Acts and may be cited together with them as the Registration of Clubs Acts, 1904 to 1986.

(5) This Act, other than sections 2 , 3 (1), 3 (3) to 3 (5) and 5 to 8 , the repeal of those provisions of the Petty Sessions (Ireland) Act, 1851, and of the Small Penalties (Ireland) Act, 1873, provided for in section 9 , and section 10 , shall come into operation on such day or days as may be fixed therefore by order or orders of the Minister for Justice, either generally or with reference to a particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

FIRST SCHEDULE

Miscellaneous Amendments

Section 9 .

Enactment

Provision

Nature of Amendment

(1)

(2)

(3)

Licensing (Ireland) Act, 1833

Section 2

The deletion of—

(a) “, twenty-one days at least before the first day of the then next general sessions of the peace to be held for the district within which the house for which such person shall desire to be licensed shall be situate,” and

(b) “, ten days at the least previous to such quarter sessions of the peace,”.

Licensing (Ireland) Act, 1855

Section 1

The substitution for “If any person shall apply for and be refused the certificate in the said Act mentioned, to entitle such person” of “If objection be raised to an application”.

The substitution for “such application” of “the certificate required before the licence can be renewed by an officer of the Revenue Commissioners”.

Beerhouses (Ireland) Act, 1864

Section 3

The deletion of—

(a) “or to grant a renewal of any such licence as aforesaid to any person applying for such renewal,”

(b) “or the renewal of a licence for the same house as shall have been licensed in the year last immediately preceding and which licence shall not have been withdrawn or annulled,” and

(c) “applying for such renewal, or of the person”.

Licensing Act, 1872

Section 82

The deletion of—

(a) “or to grant to any spirit grocer upon the expiration of his excise license a renewal of such excise license,” and

(b) “, or, in the case of a renewal, during the past year”.

Licensing Act (Ireland), 1874

Section 8

The deletion of—

(a) “renewal or” where those words first occur, and

(b) “, renewal,” where that word occurs for the second time.

Section 9

The deletion of “and of renewals of excise licenses”.

Section 10

The substitution for section 10 of the following section:

“10. Every person intending to apply for a new licence or for the transfer of a licence shall, at least 21 days before the intended application is to be heard, cause to be inserted or advertised in a newspaper circulating in the place in which the premises concerned are situate, a notice duly complying with the requirements of section 2 of the Licensing (Ireland) Act, 1833.”.

Section 14

The deletion of “not later than seven days before the holding of such session”.

Section 14

The deletion of “The justices may, notwithstanding that no notice of objection has been served, if objection is made in court, adjourn the signing of the certificate to a future day, and require the attendance of the applicant.”.

Beer Licences Regulation (Ireland) Act, 1877

Section 2

The deletion of “, or to a grant renewal of any such licence as aforesaid”.

Registration of Clubs (Ireland) Act, 1904

Section 3 (3)

The substitution for the third sentence of the following sentence:

“Such certificate so issued shall, subject to the provisions of this Act, remain in force until the annual licensing district court (within the meaning of the Intoxicating Liquor Act, 1927 ) held next after the grant of such certificate, and shall then expire.”.

Enforcement of Court Orders Act, 1926

Section 16 (1)

The deletion of “pursuant to an examination order”.

Section 17

The deletion of “in accordance with an examination order”.

Intoxicating Liquor Act, 1927

Section 8

In subsection (3), the deletion of “or renewal” and the insertion after “such certificate” of “and in every such six day licence renewed thereafter”.

Section 9

In subsection (3), the deletion of “or renewal” and the insertion after “such certificate” of “and in every such early closing licence renewed thereafeter”.

Intoxicating Liquor Act, 1927

Section 62

(a) In subsection (1), the deletion of “a certificate for” where those words first occur.

(b) In subsection (2), the deletion of “a certificate for”.

(c) In subsection (5), the deletion of “a certificate for”.

Intoxicating Liquor Act, 1960

Section 32 (1)

(a) The substitution for “to an application to the Court for the grant of a certificate under section 11 (which relates to the renewal of licences) of the Spirits (Ireland) Act, 1854,” of “to the Court pursuant to section 4 (5) (a) of the Courts (No. 2) Act, 1986 against an application to an officer of the Revenue Commissioners for the renewal of a licence”.

(b) The insertion after “the certificate” of “provided for by section 4 (7) or 4 (8) (as the case may be) of the Courts (No. 2) Act, 1986”.

Intoxicating Liquor Act, 1962

Section 25

The substitution for section 25 of the following section:

“In an application to the District Court under section 10 , 16 or 17 of this Act in relation to any Court area a certificate purporting to be signed by the District Court Clerk for that area and to certify that a list contained in it is a list of all the holders in respect of premises in that area, or the part thereof to which the application relates (as the case may be), of licences in force at the time when the list is given in evidence shall, without proof of the signature of the person purporting to sign the certificate or that he was the District Court Clerk for that area, be evidence, until the contrary is proved, of the matters certified in and by the certificate.”.

Fire Services Act, 1981

Section 24

The insertion of the following subsection:

“(2) In any case where a certificate is not required for the renewal of a licence (other than an off-licence) under the Licensing Acts, 1833 to 1986, the applicant for such renewal shall give one month's notice in writing (or such shorter period of notice as the fire authority may in the special circumstances of the case agree to accept) of the application to the fire authority in the functional area of which the premises are situated, and if the fire authority object to such application, such fire authority may appear, be heard and adduce evidence in respect of the application for a certificate provided for by section 4 (7) or 4 (8) (as the case may be) of the Courts (No. 2) Act, 1986.”.

SECOND SCHEDULE

Enactments Repealed

Section 9 .

Chapter & Session or Number & Year

Short title

Extent of Repeal

(1)

(2)

(3)

14 & 15 Vic. c. 93.

Petty Sessions (Ireland) Act, 1851.

Paragraphs 2 to 4 of section 22, in so far as they apply to criminal proceedings.

Paragraph 9 of section 22.

17 & 18 Vic. c. 89.

Spirits (Ireland) Act, 1854.

Section 11.

36 & 37 Vic. c. 82.

Small Penalties (Ireland) Act, 1873.

The whole Act.

No. 15 of 1952.

Tourist Traffic Act, 1952 .

Section 50 .

No. 18 of 1960.

Intoxicating Liquor Act, 1960 .

Section 20 .