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Circuit Court Rules

Amendment to: General
S.I. No. 583 of 2009: Circuit Court Rules (Combined Court Offices) 2009


1. These Rules, which may be cited as the Circuit Court Rules (Combined Court Offices) 2009, shall come into operation on the 11th day of January 2010.

2. These Rules shall be construed together with the Circuit Court Rules 2001 to 2009.

3. The Circuit Court Rules are amended:

      (i) by the substitution in the “Interpretation of Terms” provisions for the definition of “County Registrar” of the following definition:

      “5. “County Registrar” means the County Registrar in any County attached to the Court under the Court Officers Act 1926, and includes any deputy for that County Registrar for the time being appointed in accordance with section 40 of that Act and any person for the time being required and authorised to perform the duties of the office of that County Registrar in accordance with section 9 of the Court Officers Act 1945, provided that:


        (a) 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, a reference to the “County Registrar” (save such a reference in any provision of these Rules mentioned in paragraph (b)) shall, for the purposes of such business, include a reference—
            (i) to the combined court office manager appointed under section 19 of that Act for that combined court office or

            (ii) where the combined courts office manager has arranged that a member of staff of the Courts Service employed in that combined court office under section 21 of the Courts and Court Officers Act 2009 may exercise such of the powers, authorities, duties and functions as he cannot conveniently exercise or perform himself, to that member of staff.

            and any form in the Schedule of Forms shall be modified accordingly;

        (b) the provisions of these Rules to which paragraph (a) refers are:
            (i) Order 4;

            (ii) Order 18, except the first paragraph of sub-rule (1) of rule 1;

            (iii) Order 46, rule 5;

            (iv) Order 48;

            (v) any provision authorising the taxation or measurement by the County Registrar of costs, or referring to such taxation or measurement;

            (vi) any provision authorising, or referring to, the exercise by the County Registrar of functions under any procedure for case progression prescribed by these Rules; and

            (vii) any other provision authorising, or referring to, the exercise by the County Registrar of functions mentioned in section 38(2) of the Court Officers Act 1926, or conferring on or referring to the exercise by the County Registrar of a limited function or power of a judicial nature, arbitration or a function consisting of the taking of evidence.”;

      (ii) by the substitution in the “Interpretation of Terms” provisions for the definition of “Office” of the following definition:

      “15. “Office”, “the Office” or “the appropriate Office” means:


        (a) the Office of the Court in any County;

        (b) 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—

        that combined court office,

        and any form in the Schedule of Forms shall be modified accordingly.”;

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