Court Rules of Ireland

Order 96D: Harassment Orders Under The Criminal Law (Sexual Offences) Act 2017

ORDER 96D

HARASSMENT ORDERS UNDER THE CRIMINAL LAW (SEXUAL OFFENCES) ACT 2017

In this Order:

“the Act” means the Criminal Law (Sexual Offences) Act 2017 (No 2 of 2017);

“applicant” has the same meaning as in section 46(2) of the Act;

“harassment order” has the same meaning as in section 46(1) of the Act;

“respondent” has the same meaning as in section 46(1)(a) of the Act.

[SI 262/21]

2.(1) Where an application for a harassment order pursuant to section 46(1)(a) of the Act is intended to be made following the conviction by the Court of a person for a sexual offence, the intention to make such application may be notified orally to the Court by or on behalf of the applicant at the hearing at which the person is convicted, and the application may be made at the sentencing hearing or at such other sitting of the Court as the Court directs.

(2) Notice of an application for a harassment order in accordance with sub-rule (1) shall be in the Form 96D.1, Schedule C. A copy of the notice of application shall be served upon the respondent not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

[SI 262/21]

3.(1) Where an application for a harassment order pursuant to section 46(1)(b) of the Act is made, notice of the application shall be in the Form 96D.1, Schedule C. A copy of the notice of application shall be served upon the respondent not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application, together with a certified copy of the order of the court which convicted the person of a sexual offence.

[SI 262/21]

4. A harassment order shall be in the Form 96D.2, Schedule C. The applicant shall cause a copy of any such order to be served on the respondent.

[SI 262/21]

5. An application pursuant to section 46(8) of the Act for an order discharging or varying a harassment order may be made at any sitting of the Court for the court area in which the order was made. Such an application shall be preceded by the issue of a notice of application in the Form 96D.3, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a harassment order and of the harassment order) shall be served upon the applicant for the harassment order, where such application is brought by the respondent, or upon the respondent, where such application is brought by the applicant for the harassment order, not later than seven days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

[SI 262/21]

6. Where the Court varies the terms of the harassment order, the terms of any such variation may be indorsed upon the original or a copy of the harassment order and re-signed by the Judge.

[SI 262/21]

7. Proceedings for a harassment order shall be heard otherwise than in public in accordance with Order 12, rule 4.

[SI 262/21]

8. Where notice of an appeal against a harassment order made by the Court is duly given, the operation of the order shall, if the Court or the Circuit Court so determines (but not otherwise), be stayed in accordance with the provisions of section 47 of the Act.

[SI 262/21]

Order 96C: Civil Orders under the Criminal Justice Act, 2006, Part II and Behaviour Orders under the Children Act, 2001, Part 12A

ORDER 96C

CIVIL ORDERS UNDER THE CRIMINAL JUSTICE ACT, 2006, PART 11 AND BEHAVIOUR ORDERS UNDER THE CHILDREN ACT, 2001, PART 12A

[SI 408/07]

1. In this Order—

‘the Act’ means the Criminal Justice Act, 2006 (No 26 of 2006);

‘civil order’ has the same meaning as in section 113(1) of the Act.

[SI 314/07]

2. An application pursuant to section 115(1) of the Act for a civil order may be made at any sitting of the court for the court area in which the respondent resides at the time the application is made.

[SI 314/07]

3. Notice of an application for a civil order shall be in the Form 96C.1, Schedule C and there shall be attached to such notice a copy of the behaviour warning or behaviour warnings or a copy of the written record of the behaviour warning or behaviour warnings issued to the respondent in accordance with section 114 of the Act which are intended to be relied upon in the application. A copy of the notice of application shall be served upon the respondent in accordance with Order 10 not later than 14 days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

[SI 314/07]

4. A civil order shall be in the Form 96C.2, Schedule C. The applicant shall cause a copy of any such order to be served on the respondent in accordance with Order 10.

[SI 314/07]

5. An application pursuant to section 115(7) of the Act for an order discharging or varying a civil order may be made at any sitting of the court for the court area in which the person subject to the civil order resides at the time such application is made. Such an application shall be preceded by the issue of a notice of application in the Form 96C.3, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a civil order and attachments thereto and of the civil order) shall be served upon the person referred to in section 115(8) of the Act in accordance with Order 10 not later than seven days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

[SI 314/07]

6. Where the court varies the terms of the civil order, the terms of any such variation may be indorsed upon the original or a copy of the civil order and re-signed by the Judge. Where an order discharging or varying a civil order is made in a court area different from the court area in which the civil order to which the application relates was made, the Clerk shall send to the Clerk assigned to the court area wherein the civil order was made notice that the civil order has been discharged, or a copy of the civil order as varied, as the case may be.

[SI 314/07]

7. (1) In this rule—

‘the Act’ means the Children Act, 2001;

‘behaviour order’ has the meaning given to it by section 257D(1) of the Act, (inserted by section 162 of the Criminal Justice Act, 2006).

(2) An application pursuant to section 257D(1) of the Act for a behaviour order may be made at any sitting of the Children Court for the court area in which the respondent resides at the time the application is made.

(3) Notice of an application for a behaviour order shall be in the Form 96C.4, Schedule C and there shall be attached to such notice a copy of the behaviour warning or behaviour warnings or a copy of the written record of the behaviour warning or behaviour warnings issued to the respondent in accordance with section 257B of the Act which are intended to be relied upon in the application. A copy of the notice of application shall be served upon each of the persons referred to in section 257D(8) of the Act not later than 14 days before the date fixed for the hearing of the application. The original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(4) A behaviour order shall be in the Form 96C.5, Schedule C. The applicant shall cause a copy of any such order to be served on each of the persons referred to in section 257D(8) of the Act.

(5) An application pursuant to section 257D(7) of the Act for an order discharging or varying a behaviour order may be made at any sitting of the Children Court for the court area in which the child subject to the behaviour order is residing at the time such application is made. Such an application shall be preceded by the issue of a notice of application in the Form 96C.6, Schedule C. A copy of the notice of application (to which shall be attached true copies of the notice of application for a civil order and attachments thereto and of the civil order) shall be served upon each of the persons referred to in section 257D(8) of the Act not later than four days before the date fixed for the hearing of the application, and the original notice of application and attachments shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application.

(6) Where the court varies the terms of the behaviour order, the terms of any such variation may be indorsed upon the behaviour order and re-signed by the Judge. Where an order discharging or varying a behaviour order is made in a court area different from the court area in which the behaviour order to which the application relates was made, the Clerk shall send to the Clerk assigned to the court area wherein the behaviour order was made notice that the behaviour order has been discharged, or a copy of the behaviour order as varied, as the case may be.

[SI 408/07]

Order 96B: Orders Concerning Retail Premises Criminal Justice (Public Order) Act, 2003 Criminal Justice (Psychoactive Substances) Act, 2010

ORDER 96B

ORDERS CONCERNING RETAIL PREMISES
CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 2003
CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT, 2010

1. In this Order:

‘the Act of 2003’ means the Criminal Justice (Public Order) Act, 2003 (No 16 of 2003);

‘the Act of 2010’ means the Criminal Justice (Psychoactive Substances) Act, 2010 (No 22 of 2010);

‘closure order’ has the meaning given to it by section 2 of the Act of 2003;

‘prohibition order’ means an order under section 8 of the Act of 2010.

[SI 536/11]

Criminal Justice (Public Order) Act, 2003

2. An application pursuant to section 4 of the Act of 2003 for a closure order may be made at any sitting of the Court for the court district in which:

(i) in the case of a food stall or food vehicle, the stall or vehicle is used for the sale of food or is kept when not being so used, or

(ii) in the case of any other catering premises, the catering premises are situated.

[SI 536/11]

3. Notice of an application for a closure order shall be in the Form 96B.1, Schedule C and there shall be attached to such notice a copy of the notice in writing which was served in accordance with section 4(2) of the Act of 2003. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The Court may adjourn the hearing of such application and direct service of notice of the application upon such persons as the Court may direct. A closure order shall be in the Form 96B.2, Schedule C.

[SI 536/11]

4. An application pursuant to section 7 of the Act of 2003 for an order extending a closure order may be made at any sitting of the Court for the court district in which the closure order was made. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 96B.3, Schedule C. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. Where the Court makes an order extending the closure order, including where the Court makes any variation in the terms of the closure order, the period of such extension and the terms of any such variation may be indorsed upon the closure order and re-signed by the Judge.

[SI 536/11]

Criminal Justice (Psychoactive Substances) Act, 2010

5. An application pursuant to section 8 of the Act of 2010 for a prohibition order may be made at any sitting (including a sitting to which section 8(11) of the Act of 2010 applies) of the Court for the court district in which:

(i) the person who is the subject of the prohibition notice concerned ordinarily resides or carries on any profession, business or occupation, or

(ii) any structure, stall or vehicle to which the prohibition notice relates is located or used, or

(iii) any such structure, stall or vehicle is kept when not in use.

[SI 536/11]

6. Notice of an application for a prohibition order shall be in the Form 96B.4, Schedule C and there shall be attached to such notice a copy of the prohibition notice which was served in accordance with section 7 of the Act of 2010. A copy of the notice of application shall be served upon the person who is the subject of the prohibition notice concerned (in this rule, the ‘respondent’) not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The Court may adjourn the hearing of such application and direct service of notice of the application upon such persons as the Court may direct in accordance with section 8(2) of the Act of 2010. A prohibition order shall be in the Form 96B.5, Schedule C. The applicant shall serve a copy of the order on the respondent. Where a prohibition order specifies any premises to which the order relates, and the owner of the premises is not the respondent, the applicant shall, where practicable, cause a copy of the prohibition order to be served by registered post on the owner of the premises concerned.

[SI 536/11]

7. An application pursuant to section 9(1) of the Act of 2010 for an order varying a prohibition order may be made at any sitting of the Court for the court district in which the prohibition order was made. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 96B.6, Schedule C. A copy of the notice of application (with a copy of the prohibition order appended, where the person applying is in possession of a copy of that order) shall be served upon the member of the Garda Síochána who applied for the prohibition order concerned not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The member shall produce the prohibition order or a true copy at the hearing. Where the Court makes an order varying the prohibition order, the order shall be in the Form 96B.7.

[SI 536/11]

Order 96A: Food safety

ORDER 96A

FOOD SAFETY

Definitions

1. In this Order—

‘the Act’ means the Food Safety Authority of Ireland Act, 1998 (No 45 of 1998);

the expressions ‘authorised officer’, ‘Authority’, ‘improvement notice’, and ‘official agency’ shall have the meanings given to each of them by the Act.

[SI 700/04]

Application — venue for

2. (1) An application by or on behalf of the Authority or an official agency for an improvement order pursuant to subsection (4) of section 52 of the Act may be made to any sitting of the court for the court district in which are situated the premises which are the subject of an improvement notice served on a proprietor or person in charge of a premises pursuant to subsection (1) of section 52 of the Act.

Application — notice of

(2) Such application shall be by notice of application in the Form 96A.1, Schedule C and shall be served on or given to the proprietor or person in charge of the premises by the applicant not later than seven days before the date of the sitting for which the application is returnable. Such notice may be served or given—

(a) by addressing it to the proprietor or person in charge of the premises by name and delivering it to him or her;

(b) by leaving it at the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business;

(c) by sending it by post in a prepaid registered letter addressed to the proprietor or person in charge of the premises at the address at which he or she ordinarily resides or carries on business;

(d) if an address for the service of notices has been furnished by the proprietor or person in charge of the premises, by leaving it at, or sending it by prepaid registered post addressed to him or her to that address;

(e) where the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business cannot be ascertained by reasonable inquiry, by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises, or

(f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this sub-rule.

Notice to be lodged with Clerk

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

Form of order

(4) An order made pursuant to subsection (4) of section 52 of the Act on such application shall be in the Form 96A.2, Schedule C.

[SI 700/04]

Order 96: Protection of the environment and control of pollution

ORDER 96

PROTECTION OF THE ENVIRONMENT AND CONTROL OF POLLUTION

Proceedings — under the Air Pollution Act, 1987 (No 6 of 1987)

Application for warrant — venue for

1. (1) An application under section 14(5) of the Air Pollution Act, 1987 (hereinafter referred to as ‘the Act of 1987’) by an authorised person or the person by whom he or she was appointed for a warrant to enter premises may be made at any sitting of the court for the court district wherein the premises are situated.

Application for warrant — by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 96.1, Schedule C, of the person seeking the warrant.

Application for warrant — form of warrant

(3) A warrant to enter premises granted on foot of such information shall be in Form 96.2, Schedule C.

Application for order under section 28A (1) — venue for

2. (1) An application to the court under subsection (1) of section 28A (inserted by the Third Schedule to the Environmental Protection Agency Act, 1992, No 7 of 1992) of the Act of 1987 for an order pursuant to that subsection in relation to an emission from a premises may be made at any sitting of the court for the court district wherein the premises concerned are situated or wherein the emission concerned takes place.

Application — form of, service and lodgment of notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 96.3, Schedule C, upon the respondent in a manner prescribed in section 15 of the Act of 1987, and shall be served at least seven days or, where service is being effected by prepaid registered post, at least 21 days prior to the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

Application — order of the court on

(3) The order of the court on granting the application shall be in the Form 96.4, Schedule C.

Application – transfer to Circuit Court or High Court

(4) Where, pursuant to the provisions of section 28A(1)(c)(i) of the Act of 1987, the court transfers an application made under the said subsection (1) to the Circuit Court or the High Court, the order so transferring shall be in the Form 96.5, Schedule C, and the Clerk shall forthwith transmit a certified copy of the said order and any other order made in the proceedings, the notice of application and any other document or exhibit handed into court in relation to that application, to the appropriate County Registrar or, as the case may be, Registrar of the High Court.

Applications for orders under section 55

3.(1) Applications to the court under section 55 of the Act of 1987 relating to the carrying out of required works and the cost thereof may be made at any sitting of the court for the court area wherein the premises in relation to which the orders are sought are situated.

Applications — under section 55(2)

(2) An application for an order under section 55(2) of the Act of 1987 deeming consent to have been given and directing that required works be carried out shall be preceded by the issue and service upon the respondent of a notice in the Form 96.6, Schedule C.

Applications — under section 55(3)

(3) An application for an order under section 55(3) of the Act of 1987 in relation to the cost of works required to be carried out pursuant to that Act shall be preceded by the issue and service upon the respondent of a notice in the Form 96.7, Schedule C.

Applications — service of notices of

(4) A notice of application required by this rule to be served shall be served in a manner prescribed in section 15 of that Act. Service shall be effected at least seven days or, if being effected by prepaid registered post, at least 21 days prior to the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof (and, where appropriate, the certificate of posting), shall be lodged with the Clerk at least four days prior to the said date for hearing.

Applications — orders of the court

(5) The order of the court on granting an application to which this rule relates shall be in the Form 96.8 or 96.9, Schedule C, as the case may be, with any necessary modifications required in particular cases.

Proceedings — under the Local Government (Water Pollution) Act, 1977 (No 1 of 1977)

Definitions

4. In this Order—

‘the Act of 1977’ means the Local Government (Water Pollution) Act, 1977 (No 1 of 1977);

‘the Act of 1990’ means the Local Government (Water Pollution) (Amendment) Act, 1990 (No 21 of 1990).

Application under section 10 — venue for

5. (1) An application for an order under section 10(1) of the Act of 1977 (as substituted by section 7 of the Act of 1990) may be made at any sitting of the court for the court district wherein the waters concerned or the land or other premises from which the entry or discharge concerned takes place is or are situated.

Application — notice of

(2) Such application shall be preceded by the issue and service of a notice in the Form 96.10, Schedule C, upon the person against whom the order is sought (the respondent) and, where the applicant is not a local authority or regional board, upon the local authority or regional board in whose functional area the waters concerned are situated.

Application — service

Service of the notice shall be effected in accordance with the provisions of section 32 of the Act of 1977 at least seven days or, where service is being effected by registered prepaid post, at least 21 days prior to the date fixed for hearing the application.

Application — lodgment

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

Order of the court

(3) The order of the court on granting the application shall be in the Form 96.11, Schedule C Copies of the said order shall be served upon the respondent and the relevant local authority or regional board.

Application for warrant — venue for

6.(1) An application for a warrant under section 28(7) of the Act of 1977 to enter a premises or vessel may be made at any sitting of the court for the court district wherein the premises or vessel is situated.

Application for warrant — by sworn information

(2) Such application shall be made by information on oath and in writing in the Form 96.12, Schedule C.

Form of warrant

(3) A warrant granted pursuant to such application shall be in the Form 96.13, Schedule C.

Proceedings — under the Environmental Protection Agency Act, 1992 (No 7 of 1992)

Application for warrant — venue for

7.(1) An application under section 13(6) of the Environmental Protection Agency Act, 1992 for a warrant to enter premises may be made at any sitting of the court for the court district wherein the premises are situated.

Application for warrant — by sworn information

(2) Such application shall be made by the information on oath and in writing, in the Form 96.14, Schedule C, of the person seeking the issue of the warrant.

Form of warrant

(3) A warrant to enter premises which is granted pursuant to such application shall be in the Form 96.15, Schedule C.

Complaint in relation to noise — venue for

8.(1) A complaint to the court under section 108(1) of the Environmental Protection Agency Act, 1992 in relation to noise which is alleged to be so loud, so continuous, so repeated, of such duration or pitch or occurring at such times as to give reasonable cause for annoyance may be made at any sitting of the court for the court district wherein the source of the noise is located.

Complaint in relation to noise — notice of service lodgment

(2) Such complaint shall be preceded by the issue and service of a notice, in the form prescribed in the Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994 (SI No 179 of 1994), of the intention to make such a complaint, within such time as may be specified in the notice, upon the defendant, that is to say, the person alleged to have made or have caused or have been responsible for the noise. Service may be effected in accordance with the provisions of section 14 of that Act, and the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk.

Form of court order

(3) Where, upon hearing such complaint, the court makes an order under the said s 108(1), the order shall be in the Form 96.16, Schedule C.

Order 95: Malicious injuries

ORDER 95

MALICIOUS INJURIES

Definitions

1. In this Order—

‘the Acts’ means the Malicious Injuries Acts, 1981 and 1986;

‘the Principal Act’ means the Malicious Injuries Act, 1981 (No 9 of 1981).

‘the Act of 1986’ means the Malicious Injuries (Amendment) Act, 1986 (No 27 of 1986);

‘ratepayer’ means any ratepayer of a local authority which is a party to any proceedings for compensation under the Acts;

‘third party’ means a local authority notified under section 10(1) of the Principal Act.

Application for compensation

2.(1) An application to the District Court for compensation under the Acts may, subject to the provisions of section 13 of the Principal Act, be brought, heard or determined at any sitting of the court for the transaction of civil business.

(2) Such application shall be preceded by the issue and service of a notice in the Form 95.1, 95.2, 95.3, 95.4, or 95.5 Schedule C, as may be appropriate, signed by the applicant or solicitor for the applicant. The notice shall be served upon the council of the county or the corporation of the county borough from which it is sought to obtain compensation. Service may be effected by prepaid registered post at least 21 days before the date fixed for the hearing of the application.

(3) In the Dublin Metropolitan District the original and copy of every notice of application intended for service shall first be lodged with the Clerk for insertion of the date of hearing thereon.

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

Joinder of other local authority as third party

3. A local authority which has given notice under s 10 of the Principal Act shall lodge a copy of the notice with the Clerk.

Order of the court

4.(1) A decree awarding compensation under section 11 of the Principal Act in respect of damage or loss shall be in the Form 95.6, 95.7, 95.8, 95.9 or 95.10 Schedule C, as may be appropriate.

(2) An order refusing compensation shall be in the Form 95.11, Schedule C.

Malicious Injuries Book

5. The Clerk shall keep a book to be known as the Malicious Injuries Book in which shall be entered particulars of all notices of application and third party notices lodged under this Order and details of all applications and orders made in the proceedings to which the notices relate.

Costs

6. Costs, where awarded, other than costs of an application for compensation which are payable by a local authority, shall be in accordance with the appropriate scale of costs set out in the schedule of costs annexed to these Rules. Where liability for compensation is apportioned between two or more local authorities, the costs (and expenses, if any) awarded to the applicant shall be similarly apportioned.

Settlements

7. Where under section 16(1) of the Principal Act a local authority settles a claim brought against it, the form of consent or settlement (and withdrawal of application) signed by the parties (or a copy thereof) shall be lodged with the Clerk, who shall note the settlement in the Malicious Injuries Book and retain the documents in his or her custody.

Lodgments in court

8. A lodgment made under section 16(2) of the Principal Act shall be made not later than seven days before the date fixed for the hearing of the application and the provisions of Order 41 of these Rules relating to lodgments shall mutatis mutandis apply to such lodgment, but a notice of intention to defend shall not be required.

Appeals to the Circuit Court

9. (1) The provisions of Order 101 of these Rules relating to appeals to the Circuit Court and the forms therein prescribed shall mutatis mutandis apply to every appeal, including an appeal by a ratepayer, taken under section 17 of the Principal Act.

(2) The court may exempt an appellant from the requirement to enter into a recognisance for appeal against a decision on an application for compensation under the Principal Act as amended by the Act of 1986.

Cases stated to the Supreme Court

10. The procedure to be followed in relation to cases stated for the opinion of the Supreme Court under section 18 of the Principal Act are contained in Order 102 of these Rules.

Non-compliance with rules

11. Non-compliance with any of the foregoing rules of this Order shall not render any proceedings void unless the court shall so direct.

Court may extend time, set aside, amend, etc.

12. The court may, in relation to any act or proceedings under the Acts or under this Order, extend the time for, set aside either wholly or in part, amend or otherwise deal with in such manner and on such terms as the court may think just, such act or proceedings.