No. 18/1945:

IRISH LEGAL TERMS ACT, 1945

ARRANGEMENT OF SECTIONS

1 Definitions.

2 The Irish Legal Terms Advisory Committee.

3 Legal terms orders.

4 Preparation of legal forms and precedents in the Irish language.

5 Expenses.

6 Short title.

AN ACT TO AUTHORISE THE PROVISION, FOR THE PURPOSES OF LAW, OF STANDARD EQUIVALENTS IN THE IRISH LANGUAGE FOR CERTAIN TERMS AND TO PROVIDE FOR THE PUBLICATION OF LEGAL FORMS AND PRECEDENTS IN THE IRISH LANGUAGE.

[22nd May, 1945.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "the Committee" means the Irish Legal Terms Advisory Committee;

the expression "legal terms order" means an order made under section 3 of this Act ;

the expression "the Minister" means the Minister for Justice;

the expression "statutory instrument" means an order, regulation, scheme, rule, bye-law, warrant, licence, certificate or other like document made, issued, or granted under a power conferred by or under any enactment;

the word "term" means any word or group of words.

2.—(1) There shall be and is hereby constituted a committee to be styled the Irish Legal Terms Advisory Committee to fulfil the functions assigned to it by this Act.

(2) The Committee shall consist of—

( a ) a Judge of the Supreme Court or the High Court nominated from time to time as occasion requires by the Government;

( b ) a Judge of the Circuit Court nominated from time to time as occasion requires by the Government;

( c ) a Justice of the District Court nominated from time to time as occasion requires by the Government;

( d ) a practising barrister- nominated from time to time as occasion requires by the Council of the Bar of Ireland

( e ) a practising solicitor nominated from time to time as occasion requires by the Incorporated Law Society of Ireland:

( f ) a member of the Oireachtas Translation Staff nominated from time to time as occasion requires by the Government;

( g ) such other person or persons as the Government may from time to time nominate.

(3) Each of the members of the Committee referred to in paragraphs (a), (b), (c), (d) and (e) of subsection (2) of this section shall, unless he sooner dies, resigns or ceases to be (as the case may be) a Judge of the Supreme Court or the High Court, a Judge of the Circuit Court, a Justice of the District Court, a practising barrister or a practising solicitor, hold office for a period of five years from the date of his nomination but shall, in case his membership expires by effluxion of time, be eligible for re-nomination.

(4) Each of the members of the Committee referred to in paragraphs (f) and (g) of subsection (2) of this section shall hold office during the pleasure of the Government.

(5) The Judge of the Supreme Court or the High Court who is for the time being a member of the Committee shall be chairman of the Committee.

(6) The following members of the Committee shall act as joint secretaries of the Committee:

( a ) the member nominated under paragraph (f) of subsection (2) of this section, and

( b ) the member nominated under paragraph (g) of the said subsection or such one of the members so nominated as the Government may from time to time select,

and there shall be paid to each joint secretary such remuneration (if any) as the Minister for Finance may from time to time direct.

(7) The quorum of the Committee shall be four members.

(8) The Committee may act notwithstanding one or more vacancies in its membership.

3.—(1) Subject to subsection (2) of this section, the Minister may, whenever he so thinks proper, by order declare that the equivalent in the Irish language of any specified term shall be such word or words as he thinks fit and specifies in the order.

(2) The following provisions shall have effect with respect to the making of a legal terms order:—

( a ) before making the order the Minister shall—

(i) cause a draft thereof to be prepared, and for this purpose the joint secretaries of the Committee shall render him such assistance as he may require, and

(ii) request the Committee to consider and report on the draft;

( b ) on consideration of the said report, the Minister may, at his discretion, make the order, either in accordance with the draft or with such modifications thereof as, having regard to the said report, he thinks proper,

(3) Whenever the Minister makes a legal terms order declaring that the equivalent in the Irish language of a specified term shall be the word or words specified in the order, then, the said, word or words whenever occurring in—

( a ) any Act of the Oireachtas enacted in the Irish language on or after the date (in this subsection referred to as the operative date) of the coming into force of the order, or

( b ) the official translation of any Act of the Oireachtas enacted in the English language on or after the operative date, or

( c ) any statutory instrument drawn up in the Irish language and made on or after the operative date, or

( d ) the official translation of any statutory instrument drawn up in the English language and made on or after the operative date, or

( e ) any instrument, having or intended to have legal effect or consequences, drawn up in the Irish language and executed on or after the operative date, or

( f ) any document, used in, or for the purposes of, any legal proceeding, which is drawn up in the Irish language and is made, issued or served on or after the operative date,

shall, unless the contrary intention appears, be construed as having the same meaning as, and have the same force and effect as, the said specified term.

(4) Every legal terms order shall be laid before each House of the Oireachtas as soon as may be after it is made.

4.—The Minister may, after consultation with the Committee, from time to time make such arrangements as he thinks proper for the preparation and publication of forms and precedents in the Irish language of legal instruments and documents.

5.—The expenses incurred by the Minister in the administration of this Act, shall to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

6.—This Act may be cited as the Irish Legal Terms Act, 1945.