Courts of Justice Act, 1936

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Transfer of certain jurisdictions from Chief Justice to High Court.

9.—(1) The jurisdiction which, was transferred to and vested in the Chief Justice by sub-section (1) of section 19 of the Principal Act shall, on the appointed day, become and be transferred to the High Court and shall thenceforth be exercised by the President of the High Court or, if and whenever the said President so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the said President.

(2) As on and from the appointed day—

(a) references in the Lunacy Regulation (Ireland) Act, 1871 , and the Acts amending the same and any rules and orders made thereunder to “the Lord Chancellor entrusted as aforesaid” shall, notwithstanding anything contained in section 3 of the Courts of Justice Act, 1928 (No. 15 of 1928), be construed and have effect as references to the judge of the High Court for the time being exercising the jurisdiction transferred to the High Court by this section, and

(b) the powers conferred on the Chief Justice by section 4 of the Courts of Justice Act, 1928 , shall become and be transferred to and exercisable by the President of the High Court.

(3) Unless or until otherwise provided by the Oireachtas, the office of the Registrar to the Chief Justice shall, on and after the appointed day, continue to exist and be constituted as it exists and is constituted immediately before the appointed day, save that on and after the appointed day—

(a) the said office shall be styled and known as the Office of Wards of Court, and

(b) the Registrar to the Chief Justice shall be styled and known as the Registrar of Wards of Court, and

(c) the said office shall cease to be attached to the Chief Justice and shall become and be attached to the President of the High Court, but shall not be or become an office attached to the High Court within the meaning of the Court Officers Act, 1926 (No. 27 of 1926), and shall not be or become subject to the superintendence or control of the Master of the High Court, and

(d) all jurisdictions and powers in relation to the said office and the said Registrar respectively which are, immediately before the appointed day, exercisable by the Chief Justice shall become and be exercisable by the Judge of the High Court who is for the time being exercising the jurisdiction transferred to the High Court by this section, and

(e) no business relating to the exercise of the jurisdictions which were transferred to and vested in the Chief Justice by sub-sections (2) and (3) of section 19 of the Principal Act shall be transacted in the said office.

(4) On and after the appointed day—

(a) all such business in relation to the exercise of the jurisdictions which were transferred to the Chief Justice by sub-sections (2) and (3) of section 19 of the Principal Act as was transacted in the office of the Registrar to the Chief Justice before the appointed day shall be transferred to and transacted in the office of the Registrar of the Supreme Court, and

(b) the Registrar of the Supreme Court shall act as registrar to the Chief Justice in relation to the exercise by the Chief Justice of the said jurisdictions which were transferred to him by sub-sections (2) and (3) of section 19 of the Principal Act, and

(c) the Registrar of the Supreme Court shall be subject to the directions of the Chief Justice in regard to the transaction of the business transferred to the Registrar of the Supreme Court by this sub-section.

(5) The Minister for Justice may, by order made after consultation with the Chief Justice and the President of the High Court, appoint a day not later than six months after the passing of this Act to be the appointed day for the purposes of this section.

(6) On and after the appointed day, the authority for the time being having power to make rules of court in relation to the High Court shall be the rule-making authority in relation to the jurisdiction transferred to the High Court by this section, and for that purpose the exercise of that jurisdiction shall be included in the business of the High Court.