No. 26/1986:

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

Number 26 of 1986

No. 26/1986: 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:

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.

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:

(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.

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.

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.

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.

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.

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.".

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.".

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.

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 therefor 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.

Section 9

FIRST SCHEDULE

MISCELLANEOUS AMENDMENTS

Section 9

SECOND SCHEDULE

ENACTMENTS REPEALED