S.I. No. 346/1997 - Rules of the Superior Courts (No. 5), 1997

1. In this Order

"the 1991 Regulations" means the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations, 1991.

"the 1996 Regulations" means the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations, 1996.

2. This rule shall be construed together with the Rules of the Superior Courts, 1986 1997 and may be cited as the Rules of the Superior Courts (No. 5), 1997.

3. This rule shall come into operation on the 1st day of September, 1997.

EXPLANATORY NOTE

This rule, which comes into operation on the 1st day of September 1997, is for the purpose of governing procedure in appeals to the Court under the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991 (

S.I. No. 1 of 1991

) and EC Directive No. 89/48/EEC, and the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations 1996 (

S.I. No. 135 of 1996

), EC Directive 92/51/EEC and Commission Directives 94/38/EC and 95/43/EC.

4. Notice of the motion shall be given to the relevant designated authority provided that if it shall appear to the Court at any stage that any other person to whom notice has not been given ought to have had such notice, the Court may 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. Unless the Court gives special leave to the contrary, there must be at least 10 clear days between the service of the notice and the day named therein for the hearing of the motion.

6. (1) Subject to the right of the Court to give such directions as to oral evidence or otherwise as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.

(2) 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 used in opposition to the application shall be filed in the Central Office by the respondent or any notice party within 21 days of the service of the applicant's affidavit and the respondent or notice party, as the case may be, must within such period serve a copy of any such affidavit intended to be used by it on the applicant."

S.I. No. 346 of 1997.

RULES OF THE SUPERIOR COURTS (NO. 5), 1997

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 12th day of December, 1996

Liam Hamilton

Harry Hill

Declan Costello

Edward Comyn

John Blayney

Eamon Marray

Ronan Keane

Gordon Holmes

Ernest J. Margetson

I concur in the making of the annexed Rules of Court

Dated this 13th day of August, 1997

John O'Donoghue

Aire Dlí agus Cirt, Comhionannais

agus Athchóirithe Dlí

S.I. No. 346 of 1997.

RULES OF THE SUPERIOR COURTS

(NO. 5), 1997.