S.I. No. 286/1976 - The Rules of the Superior Courts (No. 1), 1976.

1. In this Order

'the Act' means the

Local Government (Planning and Development) Act, 1976

.

2. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1976.

EXPLANATORY NOTE.

These Rules prescribe court procedures for bringing an application before the High Court under

section 27

of the

Local Government (Planning and Development) Act, 1976

.

3. The notice of motion shall be entitled in the matter of 'the Act' on the application of the person bringing the application; shall state the relief sought; describe the land or development sought to be affected; shall state the name and place of residence or address for service of the person seeking relief; the date upon which it is proposed to apply to the Court for relief; and shall be filed in the Central Office.

4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose.

5. There must be at least ten days between the service of the notice and the day named therein for the hearing of the motion.

6. (

a

) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under Rule 2 shall be by affidavit.

(

b

) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within seven days of the service on him of the applicant's affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the applicant.

7. Pending the determination of an application under Section 27 of 'the Act', the Court on the application of the applicant or the respondent, by interlocutory Order, (or if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte); may make any Order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate, necessary or expedient."

S.I. No. 286 of 1976.

THE RULES OF THE SUPERIOR COURTS (No. 1), 1976.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the

Courts of Justice Act, 1936

, section 67, and reconstituted pursuant to the provisions of the

Courts of Justice Act, 1953

, section 15, by virtue of the powers conferred upon us by the

Courts of Justice Act, 1924

, section 36, and the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act, 1961

, section 48) and the

Courts (Supplemental Provisions) Act, 1961

, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 28th day of October, 1976

THOMAS F. O'HIGGINS

THOMAS A. FINLAY

SEAN De BUITLÉIR

PATRICK J. LINDSAY

RICHARD P. F. JOHNSON

THOMAS A. O'REILLY

I concur in the making of the annexed Rules of Court.

DATED this 3rd day of December, 1976.

PATRICK COONEY,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1976.