S.I. No. 211/2004 - Rules of the Superior Courts (Right of Attorney General and Human Rights Commissioner To Notice of Proceedings Involving Declaration of Incompatibility Issue Rules), 2004

1. In this Order “declaration of incompatibility” has the meaning it has in

section 1

(1) of the

European Convention on Human Rights Act 2003

(No. 20 of 2003).

2. If any issue as to the making of a declaration of incompatibility shall arise in any proceedings, the party having carriage of the proceedings shall forthwith serve notice upon the Attorney General and the Human Rights Commission.

3. Such notice shall state concisely the nature of the proceedings in which the issue arises and the contention or respective contentions of the party or parties to the proceedings.”.

4. These rules may be cited as the Rules of the Superior Courts (Right of Attorney General and Human Rights Commission to Notice of proceedings involving Declaration of Incompatibility Issue Rules), 2004.

EXPLANATORY NOTE

(This note does not form part of the instrument and does not purport to be a legal interpretation)

These Rules provide for the amendment of Order 27 of the Rules of the Superior Courts (

S.I. No. 15 of 1986

) by the addition of a new Order to be numbered 60A. This is to ensure that if any issue as to the making of a declaration of incompatibiltiy arises in any proceedings, that the party having carriage of the proceedings shall serve notice upon the Attorney General and the Human Rights Commissioner. Declaration of incompatibilty has the meaning it has in

section 1

(1) of the

European convention on Human Rights Act, 2003

(No. 20 of 2003).

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 following Rules of Court.

Dated this 4th day of March, 2004.

Ronan Keane

Noel Rubotham

Joseph Finnegan

Matthew Feely

Brian McCracken

Michael Cush

Patrick Groarke

Patrick O'Connor

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

Dated this 7th day of April, 2004.

Michael McDowell

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No. 211 of 2004.

RULES OF THE SUPERIOR COURTS (RIGHT OF ATTORNEY GENERAL AND HUMAN RIGHTS COMMISSION TO NOTICE OF PROCEEDINGS INVOLVING DECLARATION OF INCOMPATIBILITY ISSUE RULES), 2004.