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Wide range of changes to Civil Law

PRACTICE AREA GROUP: Commercial Litigation and Dispute Resolution, Corporate Restructuring and Insolvency
DATE: 02.09.2011

The Civil Law (Miscellaneous Provisions) Act 2011 was signed into law on 2 August 2011. With certain exceptions, all of the provisions of the Act are in effect from that date. The exceptions requiring the making of commencement orders by the Minister for Justice and Equality are:

  • Certain provisions amending the Private Security Services Act 2004
  • The replacement of Section 85 of the Bankruptcy Act 1988 in relation to annulment and automatic discharge of bankruptcy
  • Provisions regarding Family Mediation Services

The Act includes a wide range of amendments to civil and regulatory law. These include:

  • Amendment of the law relating to civil liability for acts of good samaritans and volunteers
  • Amendments to the Bankruptcy Act 1988 to allow for application for a reduction in the discharge period from bankruptcy from 12 years to 5 years and to provide for automatic discharge of bankruptcies existing for 12 years or more
  • Statutory support for codes of practice and the sale of alcohol
  • Strengthening of provisions of the Private Security Services Act 2004 in regard to licensing enforcement and collection of fees
  • Amendment of the Registration of Title Act 1964 in respect of the registration of easements and profits a prendre
  • Regulation and management of the Taxing Masters Office
  • Measures relating to Tribunals of Inquiry

The Act also contains further technical amendments to a wide range of legislation including Family Law (Maintenance of Spouses and Children) Act 1976; Land and Conveyancing Law Reform Act 2009; Coroners Act 1962 and the Personal Injuries Assessment Board Act 2003.

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