ISB SI

S.I. No. 20 of 1981.

CIRCUIT COURT RULES (No. 1), 1981 (HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979)

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

Section 69

of the

Courts of Justice Act, 1936

and

Section 12

of the

Courts of Justice Act, 1947

, by virtue of the powers conferred upon us by

Section 66

of the

Courts of Justice Act, 1924

and

Section 70

of the

Courts of Justice Act, 1936

(as applied by

Section 48

of the

Courts (Supplemental Provisions) Act, 1961

) and

Section 27

of the

Courts (Supplemental Provisions) Act, 1961

, and all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 24th day of November, 1980.

THOMAS J. NEYLON

FRANK MARTIN

HUGH GEOGHEGAN

ERNEST J. MARGETSON

GORDON HOLMES

MICHAEL T. NEARY

Secretary

I concur in making the annexed Rules of Court.

Dated this 9 day of January, 1981

GERARD COLLINS

Minister for Justice

CIRCUIT COURT RULES (No. 1), 1981 (Housing (Miscellaneous Provisions) Act, 1979)

These Rules which may be cited as the Circuit Court Rules (No. 1), 1981 shall come into operation on the 12th day of January, 1981. The Order referred to in these Rules shall be added to and shall be read and construed together with the Circuit Court Rules, 1950, as amended.

ORDER 65

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979

(No. 27 of 1979)

Rule 1

In this Order, "The Act" means the

Housing (Miscellaneous Provisions) Act, 1979

, (No. 27 of 1979) and "the Minister" means the Minister for the Environment.

Rule 2 Transitional

All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

Rule 3

An Appeal to the Circuit Court under Section 18(5) of the Act shall be commenced within the time set out in Section 18(5) of the Act by the issue of an Application, which shall be in accordance with the Form in the Schedule annexed hereto, or such modification thereof as shall be appropriate.

Rule 4

The Appellant shall be the Applicant and the Minister shall be the Respondent.

Rule 5 Venue

Applications shall be brought in the County in which the house concerned is situate, or, with the consent of the Minister, in any other County.

Rule 6 Service

All applications shall be served before filing either by sending the same, by pre-paid registered post addressed to the Minister, or by leaving the same at the office of the Minister, in an envelope addressed to the Minister.

Rule 7 Date of Hearing

This Rule shall not apply to Dublin. Every application shall state the date of commencement of the sittings at which it is intended that the application shall be listed for hearing, and shall be filed by the Applicant not later than twenty-one days before the commencement of such sittings.

Rule 8 Date of Hearing (Dublin)

This Rule shall apply only to the Dublin Circuit. Every application shall state the date on which it is desired that the application shall be listed for hearing and shall be filed by the Applicant not later than twenty-one days before such date.

Rule 9 Filing

Copy of Minister's Decision

All applications shall be filed, together with an appropriate declaration of service thereof, within seven days of the service thereof upon the Respondent. There shall be filed with any such application a copy of the decision of the Minister to which such application relates. In default of such filing, the Respondent may himself file such application, together with a copy of the said decision, and thereupon or at any time thereafter, the Judge may make such Order as to him shall seem right.

Rule 10 Entry

Upon the filing in accordance with these Rules of an application, the County Registrar shall enter the same for hearing.

Rule 11. Signatures to Application

All applications shall be dated, and bear the name and address for service of the applicant and shall be signed by his Solicitor, if any, or if none, by himself.

Rule 12 Oral evidence

Save by special leave of the Court, all applications under the Act shall be heard upon oral evidence.

Rule 13 Costs

In every application to which this Order applies the Judge may make all such orders as to costs as may be just and reasonable.

SCHEDULE

AN CHURT CHUARDA

(THE CIRCUIT COURT)

Circuit

County of

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1979

, S. 18 (5)

APPEAL

BETWEEN/

Applicant

-and-

THE MINISTER FOR THE ENVIRONMENT

Respondent

WHEREAS

The Minister for the Environment by decision dated the day of 19 , refused to grant a Certificate of Reasonable Value to the Applicant in respect of a house situate at.....................in the County of............................................................ ..................by virtue of the provisions of *Section 18 subsection (3) (a)/ Section 18 subsection (4) (a) of the above Act, notification of which said decision was received by the Applicant on the * day of ........................ 19......

*delete whichever is inappropriate.

*The Application must be brought within 21 days of this date.

NOW TAKE NOTICE

that the above-named Applicant, having his address for service at................................................in the County of.............................................hereby applies to the Court sitting at..............................in the County of.............................. by way of appeal against the said decision of the Respondent Minister.

AND TAKE NOTICE that the Applicant will rely upon the following . grounds in support of his appeal:*

*Here insert grounds relied upon.

AND TAKE NOTICE that the application will be listed for hearing on the.........day of.................. 19...... or on the first available day thereafter.

Dated the.......................

day of......................

19..............

SIGNED

............................................................ ........................

Applicant/Solicitor for Applicant

To: The Minister for the Environment

Address

AND

To: The County Registrar,

Address

EXPLANATORY NOTE

These Rules prescribe Court procedures for bringing an appeal to the Circuit Court under the

Housing (Miscellaneous Provisions) Act, 1979

.