S.I. No. 347/1997 - Rules of the Superior Courts (No. 6) of 1997

1. (1) For the purposes of this Order

"Act" means the

Transfer of Sentenced Persons Act, 1995

,

"a Convention State" means a State to which the Convention applies or a State designated as such by the Minister for Foreign Affairs under section 2 of the Act,

"the Minister" means the Minister for Justice, Equality and Law Reform, "Registrar" means the Chief Registrar,

"sentenced person" means a person on whom a sentence has been imposed in the territory of a Convention State and to whose transfer into the State the Minister has given his or her consent.

(2) Words and expressions contained in this Order shall have the same meaning as in the Act.

2. This rule shall be construed together with the Rules of the Superior Courts 1986 to 1997 and may be referred to as the Rules of the Superior Courts (No. 6) of 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 provides for a New Order 128 to make provision in regard to applications to the High Court arising under the

Transfer of Sentenced Persons Act, 1995

.

4. (1) The Chief Registrar shall

(

a

) keep a register containing particulars of all applications made under section 7 and section 9 of the Act (as the case may be), and

(

b

) keep a record and copy of all warrants issued by order of the Court, and

(

c

) retain the certificate of the Minister and the affidavits used in the application or applications, as the case may be.

(2) Every order of the Court when drawn up shall be dated the day of the week, month and year on which the same was made and unless the Court shall otherwise direct shall take effect accordingly and shall be issued out of the Office of the Chief Registrar."

S.I. No. 347 of 1997.

RULES OF THE SUPERIOR COURTS (NO. 6) of 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 20th day of February, 1997.

Liam Hamilton

Henry Barren

Declan Costello

Harry Hill

John Blayney

Edward Comyn

Ronan Keane

Eamon Marray

Mella Carroll

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. 347 of 1997

RULES OF THE SUPERIOR COURTS (NO. 6), 1997