Court Rules of Ireland

Order 99B: Employment Equality Act, 1998 and Equal Status Act, 2000

ORDER 99B

EMPLOYMENT EQUALITY ACT, 1998 AND
EQUAL STATUS ACT, 2000

1. In this Order—

‘the Act’ means the Employment Equality Act, 1998 (No 21 of 1998);

‘the Act of 2000’ means the Equal Status Act, 2000 (No 8 of 2000);

‘the Authority’ means the Equality Authority as described in section 38 of the Act.

[SI 263/06]

2. Proceedings under section 63 of the Act may be heard and determined before any sitting of the court for the court area wherein the person served with the non-discrimination notice appealed from ordinarily resides or carries on any profession, business or occupation. Proceedings under section 71 of the Act may be heard and determined before any sitting of the court for the court area wherein the person served with the substantive notice appealed from ordinarily resides or carries on any profession, business or occupation.

[SI 263/06]

3. Notice of an appeal under section 63(6) or section 71(6) of the Act shall be the Form 99B.1, Schedule C, signed by the appellant or his solicitor. A copy of the notice appealed from shall be attached to the notice of appeal. A copy of the notice of appeal shall be served upon the Authority, by delivery by hand to the office of the Authority or by prepaid registered post. If served by hand, the notice shall be served at least seven days before the date of the sitting of the court to which it is returnable; if served by prepaid registered post, the notice shall be served at least 14 days before the date of the sitting of the court to which it is returnable.

[SI 263/06]

4. The original of every notice of appeal, together with a statutory declaration as to the service thereof, shall be lodged with the Clerk at least two days before the date of the sitting of the court. The Order of the court hearing the appeal shall be in the Form 99B.2, Schedule C.

[SI 263/06]

5. An application to the court for an order pursuant to section 9 of the Terms of Employment (Information) Act, 1994 may be made to any sitting of the court for the court district in which the respondent employer carries on any trade, profession, business or occupation.

[SI 409/03]

6. Such application shall be by notice of application in the Form 99B.3, Schedule C and shall be served on the respondent by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable. An order made pursuant to section 9 of the said Act of 1994 on such application shall be in the Form 99B.4, Schedule C.

[SI 409/03]

Order 99A: Procedure Under: Housing (Miscellaneous Provisions) Act 1997; Housing (Miscellaneous Provisions) Act 2014

ORDER 99A

PROCEDURE UNDER:
HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997
HOUSING (MISCELLANEOUS PROVISIONS) ACT, 2014

I. GENERAL

Definitions and requirement to identify where respondent is a child

1.(1) In this Order—

the “1997 Act” means the Housing (Miscellaneous Provisions) Act 1997;

the “2014 Act” means the Housing (Miscellaneous Provisions) Act 2014;

“dwelling” has the meaning assigned to it by section 6 of the 2014 Act;

“house” has the meaning assigned to it by the Housing (Miscellaneous Provisions) Act 1992;

“site” has the meaning assigned to it by the Housing (Traveller Accommodation) Act 1998.

(2) Where applicable in any proceedings to which this Order applies, the applicant shall expressly indicate on the face of the Form by which the application is made that a respondent in any such application is or is believed to be under the age of 18 years.

[SI 506/16]

II. PROCEEDINGS UNDER 1997 ACT

Venue

2. Subject to the provisions of section 10(2) of the 1997 Act, proceedings under the 1997 Act may be brought, heard and determined before a sitting of the District Court for the court area where there is situate the house or site in relation to which an application under section 3, 3A, 4 or 9 of the 1997 Act is being made.

[SI 506/16]

Proceedings may be heard otherwise than in public

3. Proceedings under section 3, 3A, 4 or 9 of the 1997 Act may be heard otherwise than in public.

[SI 506/16]

Excluding Orders

4.(1) An application to the Court under section 3 of the 1997 Act for an excluding order shall be preceded by the issue and service of a notice in the Form 99A.1, Schedule C.

(2) The order of the Court granting the application shall be in the Form 99A.2, Schedule C.

(3) Where an excluding order is made by the Court in accordance with the provisions of section 12(12)(a) of the 2014 Act on foot of a possession application under section 12 of that Act, the order shall be in the Form 99A.2, Schedule C, with any necessary modifications.

[SI 506/16]

Site Excluding Orders

5.(1) An application to the court under section 3A of the 1997 Act for a site excluding order shall be preceded by the issue and service of a notice in the Form 99A.3, Schedule C.

(2) The order of the Court granting the application shall be in the Form 99A.4, Schedule C.

[SI 506/16]

Interim Excluding Orders/Site Excluding Orders

6.(1) An application for an interim excluding order or interim site excluding order made under the terms of section 4 of the 1997 Act on the occasion of the making of an application for an excluding order or site excluding order or between the making of an application for an excluding order or site excluding order and its determination shall be grounded on the information on oath and in writing of the applicant in the Form 99A.5, Schedule C or on an affidavit sworn by the applicant incorporating the matter in that Form.

(2) The order of the Court shall be in the Form 99A.6, Schedule C.

(3) An application for confirmation under section 4(3)(d) of the 1997 Act of an interim excluding order or interim site excluding order made ex parte under the terms of section 4(3) of that Act shall be preceded by the issue and service on the respondent by the applicant at least 2 days before the date fixed for such application of a notice in the Form 99A.14, Schedule C. The applicant shall also serve on the respondent the documents referred to in section 4(3)(c)(ii) of the 1997 Act.

(4) Where, on such application, the interim excluding order or interim site excluding order is confirmed, such confirmation shall be indorsed upon the order and signed by the Judge.

[SI 506/16]

Vary Excluding/Site Excluding/Interim Excluding/Site Excluding Orders

7.(1) An application to the Court under

(a) section 3(5) of the 1997 Act to vary an excluding order,

(b) section 3(5) of the 1997 Act as applied by section 4(2) of the 1997 Act to vary an interim excluding order,

(c) section 3A(5) of the 1997 Act to vary a site excluding order, or

(d) section 3(5) of the 1997 Act as applied by section 4(2) and section 3A(9) of the 1997 Act to vary an interim excluding order,

shall be preceded by the issue and service of a notice in the Form 99A.7.

(2) The order of the Court granting the application shall be in the Form 99A.8.

[SI 506/16]

Discharge Excluding Site Excluding or Interim Excluding/Site Excluding Orders

8.(1) An application to the Court under section 9(1) of the 1997 Act to discharge an excluding order, site excluding order, interim excluding order or interim site excluding order shall be preceded by the issue and service of a notice in the Form 99A.9, Schedule C.

(2) The order of the Court granting the application shall be in the Form 99A.10, Schedule C.

[SI 506/16]

Service and lodgment of notices

9.(1) A notice under this Part shall be served upon the respondent in the manner provided by section 2(1)(a) of the 1997 Act, at least 21 days before the date for hearing of the application.

(2) A copy of the notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date for hearing the application.

Clerk to supply copies of order

10. Where the Court makes, varies or discharges an excluding order, site excluding order, interim excluding order or interim site excluding order, the Clerk shall give or send a certified copy of the order in question as soon as practicable to—

(a) the applicant concerned,

(b) the respondent,

(c) the housing authority in whose functional area the house, site or dwelling in respect of which the application for the order was made is situate, and the Health Service Executive

by ordinary prepaid post and

(d) the member of the Garda Síochána in charge of the Garda Síochána Station for the area in which the house, site or dwelling in relation to which the application for the order was made is situate by prepaid registered post.

[SI 506/16]

Clerk to notify Gardai when Interim Excluding/Site Excluding orders ceases to have effect

11. Where an interim excluding order or interim site excluding order has been made and the application for an excluding order or site excluding order has been determined, the Clerk shall send notice in the Form 99A.11, Schedule C, that the interim excluding order or interim site excluding order has ceased to have effect, by prepaid registered post to the member of the Garda Síochána referred to in rule 10.

[SI 506/16]

Effect of appeal from orders

12.(1) Notwithstanding the provisions of Order 25, rule 9(4) and Order 101 and that an appellant has entered into a recognisance for appeal,

(a) an appeal from an excluding order or a site excluding order shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination;

(b) an appeal from an interim excluding order or interim site excluding order shall not stay the operation of the order.

(2)(a) An application to the District Court to stay the operation of an excluding order or site excluding order under section 8 of the 1997 Act may be made following the service and lodgment of a notice of appeal and lodgment of the recognisance of appeal and when made otherwise than upon the occasion of the making of that order shall be preceded by the issue of a notice in the Form 99A.12, Schedule C, which shall be served upon the respondent to the application two days before the hearing of the application.

(b) Where the Court grants a stay on the operation of an excluding order or site excluding order under this rule, the order granting such stay shall be in the Form 99A.13, Schedule C. Where the Clerk has supplied the copies of the orders as directed by rule 10, the Clerk shall also send a copy of the order granting the stay, to the persons referred to, and in the manner directed, by rule 10.

[SI 506/16]

III. PROCEEDINGS UNDER 2014 ACT

Venue

13. Subject to the provisions of section 12(15), section 13(12) or, as the case may be, section 17(11) of the 2014 Act, proceedings under the 2014 Act may be brought, heard and determined before a sitting of the District Court for the court area where there is situate the dwelling in relation to which an application under section 12, 13, 16 or 17 of the 2014 Act is being made.

[SI 506/16]

Proceedings may be heard otherwise than in public

14. Proceedings under section 12, 13, or 17 of the 2014 Act may be heard otherwise than in public, in accordance with the provisions of section 12(11), section 13(10) or, as the case may be, section 17(9) of the 2014 Act.

[SI 506/16]

Possession application

15. (1) A possession application by a housing authority to the Court under section 12, section 13 or, as the case may be, section 17, of the 2014 Act shall be preceded by the issue and service of a notice in the Form 99A.15, Schedule C.

(2) Where the application is grounded on the information on oath and in writing of the applicant it shall be in the Form 99A.5, Schedule C, with such modifications as are necessary and sworn before a Commissioner for Oaths, Practising Solicitor, Peace Commissioner or Notary or on an affidavit sworn on behalf of the applicant.

(3) Where an order for possession is made, a warrant for possession may issue in accordance with Order 51, but subject to the terms of the Court’s order and to the provisions of the 2014 Act, and Order 51 shall apply to such warrant for possession. Where an order is made for the recovery of costs, a warrant authorising execution may issue in accordance with Order 51.

[SI 497/20; SI 506/16]

Application to Court in respect of terminated tenancy

16. An application to the Court under section 16 of the 2014 Act shall be preceded by the issue and service upon the housing authority concerned of a notice in the Form 99A.16, Schedule C.

[SI 506/16]

Service and lodgment of notices

17. (1) Save where the 2014 Act otherwise provides, a notice under this Part and information sworn, if any, shall be served in accordance with Order 41 at least 10 working days before the date for hearing of the application.

(2) A copy of the notice and information sworn, if any, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date for hearing the application.

[SI 506/16]

Order 98: Social welfare

ORDER 98

SOCIAL WELFARE

Proceedings for — contribution towards benefit or allowance

Definitions

1. In this Order—

‘the Act’ means the Social Welfare (Consolidation) Act, 1993 (No 27 of 1993);

‘allowance’ means — deserted wife’s allowance under section 152 of the Act, — lone parent’s allowance under section 158 of the Act, or — supplementary welfare allowance under section 171 of the Act;

‘attachment of earnings order’ means an order under section 287 of the Act; ‘benefit’ means deserted wife’s benefit under section 110 of the Act;

‘competent authority’, in relation to one parent family payment, supplementary welfare allowance, deserted wife’s benefit and deserted wife’s allowance, means the Minister for Social Protection.

[SI 17/16]

Application for order for contribution

2. (1) An application to the court by a competent authority pursuant to subsection (2) of section 286 of the Act for an order directing the person who is liable to contribute under subsection (1) of that section (hereinafter referred to as the liable relative) to make a contribution towards a benefit or allowance being paid by that authority to a recipient may be brought, heard or determined at any sitting of the court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation.

Application — form and service of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 98.1, Schedule C (or such modification thereof as may be appropriate) upon the respondent, that is to say, the liable relative, by registered prepaid post at least 21 days prior to the date fixed for the hearing of the application.

Application — lodgment of notice, etc.

(3) When service has been effected the original notice, together with a statutory declaration as to service thereof and the certificate of posting, shall be lodged with the Clerk at least four days prior to the date of hearing.

Court order — form and service of

3. (1) Where, upon hearing such application, the court makes an order under section 286(4) of the Act the order shall be in the Form 98.2, Schedule C (or such modification thereof as may be appropriate). The applicant shall cause the said order to be served upon the respondent by registered prepaid post.

Court order — variation or enforcement of

(2) For the purposes of varying or enforcing an order made under subsection (4) of section 286 of the Act the order shall, as provided in subs (5) of that section be deemed to be an order for payment by instalments made under section 17 of the Enforcement of Court Orders Act, 1926. The relevant provisions of Order 53 (Enforcement of Judgments) of these Rules and the forms therein prescribed, with any necessary adaptation, shall for such purposes apply in relation to every such order made under the said section 286(4).

Court order — rules 6(2), 7(4) of Order 53 not to apply to

(3) The provisions of rules 6(2) and 7(4) of the said Order 53, which relate respectively to the duration of instalment orders and variation orders, shall not apply to orders made under the said section 286(4).

Court order — attachment of earnings

(4) Where, in order to secure payments under an order made pursuant to the said section 286(4), application is made by a competent authority under section 287 of the Act for an attachment of earnings order such application, if not made at the time of the hearing of the application under section 286(2), may be made at any sitting of the court for the transaction of civil business for the court area wherein the liable relative ordinarily resides or carries on any profession, business or occupation. The relevant provisions of Part IX of the Act shall apply in every such case. The procedures to be followed and the forms to be used in relation to such applications are those provided in Order 56 (other than rule 2) of these Rules which are relevant, and that Order and those forms, with any necessary modifications, shall apply in every such case.

Construction of references

4. References in Orders 53 and 56 of these Rules and the forms therein prescribed to ‘creditor’ and ‘maintenance creditor ’ or to ‘debtor’ and ‘maintenance debtor’ shall, in so far as they apply to applications or orders to which rule 3 of this Order relates, be construed as references to ‘competent authority’ and ‘liable relative’, respectively.

Order 97: Road traffic

ORDER 97

ROAD TRAFFIC

Definitions

1. In this Order—

the “1961 Act” means the Road Traffic Act 1961 (No 24 of 1961) (as amended);

the “1968 Act” means the Road Traffic Act 1968 (No 25 of 1968);

the “2016 Act” means the Road Traffic Act 2016 (No 21 of 2016);

the “Agreement” has the same meaning as in section 40(12)(a) of the 2016 Act.

[SI 235/18]

Venue for appeals — under section 18(8)(c)(ii)

2.(1) An appeal pursuant to section 18(8)(c)(ii) of the 1961 Act against the refusal of the issuing authority to issue a test certificate may be made at any sitting of the Court for the court area in which the vehicle is ordinarily kept.

(2) An appeal

— under section 33(3A)(b)

(i) pursuant to section 33(3A)(b) of the 1961 Act (inserted by section 21 of the 1968 Act) against the refusal of the issuing authority to carry out a test,

— under section 33(5)(a)

(ii) pursuant to section 33(5)(a) of the 1961 Act against the deferring of a decision by the issuing authority to issue a certificate of competency,

— under section 33(6)(a)

(iii) pursuant to section 33(6)(a) of the 1961 Act against the decision of the issuing authority under section 33(4) of the 1961 Act, or

— under section 34(5)(a)

(iv) pursuant to section 34(5)(a) of the 1961 Act against the decision of the issuing authority under section 34(4) of the 1961 Act or the deferring of such a decision.

may be made at any sitting of the Court for the court area in which the appellant ordinarily resides.

[SI 235/18]

Form of, service and lodgment of notice of appeal

3.(1) Every such appeal shall be preceded by the issue and service of a notice in the Form 97.1, 97.2 or 97.3, Schedule C, as appropriate, signed by the appellant or solicitor for the appellant.

(2) Such notice shall be served, in accordance with the provisions of Order 41 of these Rules, upon the issuing authority, i.e. the Department of the Environment, and upon any other person directly affected by the appeal at least 14 days before the date of hearing of the appeal.

(3) The original of the notice, together with a statutory declaration(s) as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

(4) The order of the Court on hearing such appeal may be in one of the Forms 97.4, 97.5, 97.6, 97.7, 97.8, 97.9, 97.10, 97.11, Schedule C, as appropriate.

[SI 235/18]

Applications under section 28

4.(1) An application pursuant to section 28(1) or 28(2) of the 1961 Act by an officer of the Garda Síochána for a special disqualification order in respect of any person may be made at any sitting of the Court for the court area in which such person ordinarily resides.

(2) Such application shall be preceded by the issue and service of a notice in the Form 97.12 or 97.13, Schedule C, as appropriate, signed by such officer.

(3) Such notice shall be served upon the person to whom the application relates at least 10 days before the date of hearing of the application.

(4) The original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) The order of the Court on hearing the application may be in the Form 97.14 or 97.15, Schedule C, as appropriate.

[SI 235/18]

Application for removal of disqualification

5.(1) An application pursuant to section 29(2) of the 1961 Act (as substituted by section 7 of the Road Traffic Act 2006) for the removal of a disqualification may be made at any sitting of the court for the court area in which the disqualification order was made.

(2) Such application shall be preceded by the issue and service of a notice in the Form 97.16, Schedule C, signed by the applicant or solicitor for the applicant.

(3) Such notice shall be served upon the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides at least 14 days before the date of hearing of the application.

(4) The original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

(5) The order of the Court on hearing the application shall be in the Form 97.17 or 97.18, Schedule C, as appropriate.

[SI 235/18]

Search warrant under section 106(6)

6. An application pursuant to section 106(6)(a) of the 1961 Act by a member of the Garda Síochána for the issue of a warrant under that section shall be by information on oath and in writing in the Form 97.21, Schedule C, and, where the Judge of the District Court or the Peace Commissioner grants the application, the warrant may be in the Form 97.22, Schedule C.

[SI 235/18]

Application for disqualification under the Agreement on the Mutual Recognition of Driving Disqualifications between Ireland and the United Kingdom of Great Britain and Northern Ireland:

— venue

7.(1) An application by a licensing authority under section 40(2) of the 2016 Act for an order declaring the person to whom the notification which is the subject of the application relates to be disqualified for holding a licence for the period referred to in section 40(1) of the 2016 Act for the purposes of giving effect to the decision imposing disqualification from driving made in the United Kingdom in accordance with the Agreement (in this rule, a “mutual recognition application”) may be made at any sitting of the Court for the court area:

(i) where the person the subject of the mutual recognition application concerned (in this rule, the “respondent”) ordinarily resides or carries on any profession, business or occupation, or

(ii) in which the address which appears on the Irish driving licence or learner permit held by the respondent is located.

— Form of mutual recognition application

(2) A mutual recognition application shall be preceded by the issue and service of a notice of application [in the Form 97.19, Schedule C] signed on behalf of the moving party or by the solicitor for the moving party.

—Documents to be appended to mutual recognition application

(3) There shall be appended to the original notice of application:

(i) The original of any certificate concerning the case of the respondent signed by an officer of the licensing authority concerned authorised in that behalf by the chief executive of the licensing authority concerned given for the purposes of section 40(3)(a) of the 2016 Act and any document identified in and attached to such certificate;

(ii) Where no certificate is given for the purposes of section 40(3)(a) of the 2016 Act, copies of:

(a) the notification in writing concerning the case of the respondent received by the licensing authority in accordance with Article 3 of the Agreement and section 40(1) of the 2016 Act;

(b) the information and documents specified in paragraph 1 of Article 6 of the Agreement concerning the case of the respondent, and

(c) where appropriate, pursuant to the Agreement, the evidence referred to in paragraph 2 of that Article and the supplementary information referred to in paragraph 3 thereof concerning the case of the respondent.

— Service

(4) A copy of the original notice of application, and copies of all documents appended to it, shall be served, in accordance with the provisions of Order 41, upon the respondent at least 14 days before the date of hearing of the appeal.

— Lodgment

(5) The original notice of application, together with all documents appended to it, and a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

— Form of order

(6) The order of the Court granting the application may be in the Form 97.20, Schedule C.

[SI 235/18]