No. 17/1984:

FUNDS OF SUITORS ACT, 1984

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Realisation of investments of the dormant account of the funds of suitors.

3. Disposal of part of funds of suitors.

4. Temporary extension of powers of Commissioners.

5. Deficiency in funds of suitors.

6. Expenses.

7. Short title.

Number 17 of 1984

FUNDS OF SUITORS ACT, 1984

AN ACT TO PROVIDE FOR DISPOSAL OF PART OF THE FUNDS OF SUITORS VESTED IN THE ACCOUNTANT OF THE COURTS OF JUSTICE.

[18th July, 1984]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the account" means the general cash account of the funds of suitors which stands in the books of the Bank of Ireland in the name of the Accountant;

"the Accountant" means the Accountant of the Courts of Justice;

"the Commissioners" means the Commissioners of Public Works in Ireland;

"the dormant account of the funds of suitors" means the general ledger account for dormant balance of the funds of suitors vested in the Accountant containing the balances of funds carried over to the said general ledger account by the Accountant before the passing of this Act pursuant to Rule 86 (1) of Order 77 of the Rules of the Superior Courts ( S.I. No. 72 of 1962 );

"the Minister" means the Minister for Finance.

2.—(1) As soon as may be after the passing of this Act the Accountant shall, upon the order of the Chief Justice, realise all of the investments of the dormant account of the funds of suitors save such part thereof as is, at the time of the completion of the realisation, equal in value to the value of one per cent. of those investments.

(2) In this section "investments", in relation to the dormant account of the funds of suitors, means assets of that account other than cash in that account.

3.—(1) The Bank of Ireland shall, upon the order of the Chief Justice, pay out of the account to the Exchequer such sums, not exceeding in the aggregate the total amount of cash standing in the dormant account of the funds of suitors, as the Minister may from time to time require for the purposes of subsection (2) of this section.

(2) The sums paid to the Exchequer pursuant to subsection (1) of this section may be applied by the Minister as follows:

( a ) not more than £600,000 may be applied for such purpose or purposes in relation to culture and the arts (within the meaning of the Arts Act, 1951 ) as the Taoiseach may determine,

( b ) not more than £600,000 may be applied in or towards the defrayal of the cost of the carrying out of the works specified in section 4 of this Act,

( c ) not more than £300,000 may, on the application of the Minister for the Gaeltacht, be applied in or towards the defrayal of the cost of the extension, completed in the year 1983, of the premises of Comhaltas Ceoltóirí Éireann at Monkstown in the county of Dublin known as Cultúirlann na hÉireann,

( d ) not more than £100,000 may, on the application of the Minister for Labour, be applied in or towards the defrayal of the cost of the Community, Youth, Recreational and Employment Programme administered by the Minister for Labour,

( e ) the balance may be applied in or towards the defrayal of—

(i) the cost of the provision of court rooms and ancillary accommodation and services in the Dublin Metropolitan District for use for the purposes of the Children's Court of the District Court,

(ii) any of the cost that would, apart from this subsection, fall to be defrayed by the State of the provision, extension, repair and maintenance of such other buildings, and the provision of such services, for use for the purposes of or in relation to the courts as the Minister for Justice may determine, and

(iii) the cost of the provision of such services for the provision of legal aid in civil cases as the Minister for Justice may determine.

4.—(1) The Commissioners—

( a ) may carry out or cause to be carried out on their behalf, works consisting of:

(i) the repair and renovation of the external fabric and the basement of the premises of the King's Inns at Henrietta Street, Dublin, adjoining King's Inns Gardens,

(ii) the replacement of the electric wiring of those premises,

(iii) the repair and renovation of the boundary walls, railings and gates of those Gardens, and

(iv) any works connected with any of the works specified in subparagraphs (i), (ii) and (iii) of this paragraph,

as if those premises, walls, railings and gates were a public building, and

( b ) may incur such expenditure (not exceeding such amount as may be applied pursuant to section 3 (2) ( b ) of this Act) as may be necessary for the purposes of paragraph (a) of this subsection.

(2) This section shall expire—

( a ) upon the completion to the satisfaction of the Commissioners of the works referred to in subsection (1) of this section, or

( b ) upon the expiration of five years from the date of the passing of this Act,

whichever is the earlier.

5.—If it happens that the funds of suitors are at any time reduced to a sum not sufficient to meet the demands upon them, the Minister, so as to afford a complete indemnity to suitors for any loss which they might sustain by reason of the passing of this Act, shall advance out of the Central Fund or the growing produce thereof such sum as he may think necessary, not exceeding the total of the amounts paid out of the account under section 3 of this Act.

6.—(1) The expenses incurred by the Minister in the administration of this Act shall be paid out of moneys provided by the Oireachtas.

(2) The expenses incurred by the Taoiseach, the Minister for Justice and the Commissioners in the administration of this Act shall, to such extent as may be sanctioned by the Minister, be paid out of moneys provided by the Oireachtas.

7.—This Act may be cited as the Funds of Suitors Act, 1984 .