S.I. No. 19/2019 - Circuit Court Rules (Order 4) 2019

2. Order 4 of the Circuit Court Rules is amended

(i) by the substitution for the Heading of that Order of the following heading

“ Court Seal and Authentication of Court Documents” ;

(ii) by the substitution for rule 1(4) of that Order of the following sub-rule

“(4) The persons who may authenticate the impression of the Seal of the Court on a document mentioned in sub-rule (2) or a document mentioned in sub-rule (3) are

(a) the County Registrar, or

(b) such person, or one of such persons, as may, for such period as may be specified, be nominated in writing for that purpose by the County Registrar, or

(c) where any business of the office of the Court in a county is specified in accordance with

section 14

of the

Courts and Court Officers Act 2009

as business that shall be transacted in a combined court office established under that section, and for the purposes of such business

(i) the combined court office manager appointed under section 19 of that Act for that combined court office, or

(ii) such member of the staff of the Courts Service employed in that combined court office under

section 21

of the

Courts and Court Officers Act 2009

as may, for such period as may be specified, be nominated in writing for that purpose by the combined court office manager concerned.”

;and

(iii) by the substitution for rule 2 of that Order of the following rule

“2. Where by reason of the re-arrangement of Circuits an embossing Seal is not available for a particular Circuit Court area then until such time as an embossing Seal becomes available, all documents required by Rule 1 of this Order to be authenticated by the Seal of the Court shall be authenticated by the signatures of both the Circuit Court Judge and

(a) the County Registrar for the said area or

(b) where paragraph (c) of rule 1(4) of this Order applies, the combined court

office manager concerned or member of the staff of the Courts Service employed in the combined court office nominated in writing for that purpose by that combined

court office manager.

EXPLANATORY NOTE

(

This does not form part of the instrument and does not purport to be a legal interpretation

)

These Rules amend Order 4 of the Circuit Court Rules to remove the reference to authentication of the impression of the Seal of the Court or of a document being done on behalf of the County Registrar, where such authentication is done by certain other persons, and to confer an authenticating function on a combined court office manager and combined court office staff in circumstances to which Order 4 rule 2 applies.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st February,

2019

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act 1936

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act 1924

and

section 70

of the

Courts of Justice Act 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act 1961

),

section 27

of the

Courts (Supplemental Provisions) Act 1961

and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 27

th

day of November 2018.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Fiona Duffy Coady

Keith Walsh

Rita Considine

Noel Rubotham

I concur in the making of the above Rules of Court.

Dated this 29

th

day of January 2019.

Signed: Charles Flanagan

MINISTER FOR JUSTICE AND EQUALITY

1.(1) These Rules, which may be cited as the Circuit Court Rules (Order 4) 2019, shall come into operation on the 19

th

day of February 2019.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2019.

(3) The Circuit Court Rules 2001 to 2019 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2019.