Statutory Instrument

S.I. No. 337 of 2005

CIVIL LIABILITY AND COURTS ACT 2004 (SECTION 40(3)) REGULATIONS 2005

S.I. No. 337 of 2005

Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 40(3) of the Civil Liability and Courts Act 2004 (No. 31 of 2004), hereby make the following regulations:

1.        These Regulations may be cited as the Civil Liability and Courts Act 2004 (Section 40(3)) Regulations 2005.

2.        The following classes of person are specified for the purposes of section 40(3) of the Civil Liability and Courts Act 2004 (No. 31 of 2004):

(a)      family mediators who are -

(i)         accredited to the Mediators Institute Ireland,

(ii)        nominated by the Family Support Agency, and

(ii)        approved by the Minister,

(b)      persons engaged in family law research who are -

(i)         nominated by a body specified in the Schedule to these Regulations, and

(ii)        approved by the Minister.

(c)      persons engaged by the Court Service to prepare court reports of proceedings under relevant enactments.

SCHEDULE

A college within the meaning of the Universities Act 1997 (No. 24 of 1997)

University of Dublin, Trinity College Dublin

Dublin City University

University of Limerick

Dublin Institute of Technology

A college within the meaning of the Regional Technical Colleges Act 1992 (No. 16 of 1992)

Institute of Technology, Blanchardstown

Economic and Social Research Institute

Law Reform Commission

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations specify the classes of persons entitled to apply to attend family law proceedings for the purpose of publishing report on the cases. The Regulations specify three classes of person -- mediators, researchers and persons engaged by the Courts Service to produce such reports. The nomination of mediators and researchers must be approved by the Minister.