S.I. No. 171/2005 - Courts and Court Officers Act 2002 (Register of Reserved Judgments) Regulations 2005
Table of Provisions (7)
Statutory Text (7 Articles)
1. Names of parties to the proceedings
.................. Plaintiff/Applicant/Appellant
and
................... Defendant/Respondent
2. Record or listing number, if known: ......................
3. Date(s) on which and place at which proceedings were heard
Date
Place
Note: a fee of €5 is payable on making the request.
GIVEN under my Official Seal, this 31st day of March, 2005.
MICHAEL McDOWELL,
Minister for Justice, Equality and Law Reform.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations provide for the establishment and maintenance on computer by the Courts Service of a register of the judgments reserved by the Supreme Court, the High Court, the Circuit Court and the District Court and set out the location of the various parts of the Register, the arrangements for getting a copy of an entry in the Register and other matters relating to the register.
4. The following circumstances are prescribed for the purposes of section 46(6), namely, in a case where a judge—
(
a
) has reserved, but has not delivered, judgment in the proceedings concerned, and
(
b
) he or she is a member of the Supreme Court when it is considering a question referred to it under Article 26 of the Constitution,
section 46(3) shall not apply in relation to the judgment in the proceedings referred to in paragraph (
a
) during the period from the date of the reference referred to in paragraph (
b
) to the date on which the decision of the Supreme Court on the question is pronounced.
Location for inspection of register.
5. (1) The following places are prescribed, for the purposes of paragraph (
a
) of section 46(7), as the places where the different parts of the register are to be kept
(
a
) in respect of the part of the register relating to the Supreme Court, the Office of the Registrar of the Supreme Court,
(
b
) in respect of the part of the register relating to the High Court, the Central Office,
(
c
) in respect of a part of the register relating to the Circuit Court, the Circuit Court Office for the city, county, county borough or other area in which the judgments to which the part relates were reserved,
(
d
) in respect of a part of the register relating to the District Court, the District Court Office for the district court area in which the judgments to which the part relates were reserved.
(2) The times when the parts of the register referred to in paragraph (1) are available for inspection are prescribed for the purposes of section 46(7)(
a
) as the times when the relevant Offices so referred to are open to the public.
Certified copies.
6. The following are prescribed for the purposes of paragraph (
b
) of section 46(7)
(
a
) a request for a copy of an entry referred to in that paragraph shall be in the form specified in Schedule 2,
(
b
) a request for a copy of an entry referred to in that paragraph shall be accompanied by a fee of €5,
(
c
) a copy aforesaid shall be certified by endorsing on it a statement, signed and dated by an officer in the appropriate Office specifed in Regulation 5(1), authorised in that behalf by the appropriate registrar or district court clerk, as the case may be, that the copy is a true copy of the entry concerned.
Schedule 1
Information to be kept in the register
Courts and Court Officer Act 2002
Record of a reserved judgment
(
a
) the date on which the judgment was reserved,
(
b
) (i) the court before which the proceedings were heard and the name or names of the judge or judges concerned,
(ii) if the court is the District Court or the Circuit Court, the area or place where the judgment was reserved,
(
c
) the title of the proceedings or the nature of the proceedings,
(
d
) the record number of the proceedings,
(
e
) where relevant, the date or dates on which the proceedings are listed under section 46(3),
(
f
) where relevant, the date specified under section 46(4) on which the judgment is to be delivered,
(
g
) the date on which the judgment is delivered.
Schedule 2
Register of Reserved Judgments
Request for certified copy of entry or entries
Regulation 6, Courts and Court Officers Act 2002
(Register of Reserved Judgments) Regulations 2005
[Supreme Court]
[High Court]
[Circuit Court
............................Circuit Court Office]
[District Court
............................District Court Office]
To: ............
[Registrar of the Supreme Court] [Chief Registrar, High Court] [County Registrar] [District Court Clerk]
I request a copy of the entry/entries in that part of the register of reserved judgments maintained for the [Supreme Court] [High Court] [Circuit Court, city/county etc. of...........] [District Court, district court area of ................] concerning the following proceedings
STATUTORY INSTRUMENTS.
S.I. No. 171 of 2005
.
COURTS AND COURT OFFICERS ACT 2002 (REGISTER OF RESERVED JUDGMENTS) REGULATIONS 2005.
S.I. No. 171 of 2005
.
COURTS AND COURT OFFICERS ACT 2002 (REGISTER OF RESERVED JUDGMENTS) REGULATIONS 2005.
I, MICHAEL McDOWELL, Minister for Justice Equality and Law Reform, in exercise of the powers conferred on me by subsection (9)(
a
) of section 46 (as amended by
section 55
of the
Civil Liability and Courts Act 2004
(No.
31 of 2004)) of the
Courts and Court Officers Act 2002
(No.
15 of 2002), hereby make the following regulations
Citation and commencement.