S.I. No. 471/2004 - Rules of the Superior Courts (Order 130 (Amendment) Rules), 2004

1. Order 130 (as inserted by

S.I. No. 325 of 1998

) of the Rules of the Superior Courts (

S.I. No. 15 of 1986

), is hereby amended—

(

a

) in rule 1 by the insertion of the following definition after the definition of “the Act”

“‘the Act of 2003’ means the

Freedom of Information (Amendment) Act, 2003

;”;

(

b

) in rule 2 by the insertion of “of the Act as amended by the Act of 2003” after “section 42 (3)”;

(

c

) in rule 3 by the substitution for “four” of “eight”;

(

d

) in rule 4 by the substitution for “In the matter of the

Freedom of Information Act, 1997

” of “In the matter of the Freedom of Information Acts, 1997 and 2003”;

(

e

) in rule 6 by the insertion of “of the Act as amended by the Act of 2003” after “or (3)”;

(

f

) in rule 7—

(i) by th insertion of “of the Act as amended by the Act of 2003” after “pursuant to section 42(5)”

(ii) by the substitution for “In the matter of the

Freedom of Information Act, 1997

and on the reference of the Commissioner under section 42(5)” of “In the matter of the Freedom of Information Acts, 1997 and 2003 and on the reference of the Commissioner under section 42(5) of the Act of 1997”, and

(iii) by the insertion of “of the Act as amended by the Act of 2003” after “section 34”;

(

g

) in rule 8 by the insertion of “of the Act as amended by the Act of 2003” after “section 34” in each place where is occurs; and

(

h

) in rule 9—

(i) by the insertion after “or (3)” of “of the Act as amended by the Act of 2003”;

(ii) by the insertion after “section 42(5)” of “of the Act as amended by the Act of 2003”, and

(iii) by the insertion of “as so amended” after “Act” in each place where it occurs.

2. These rules may be cited as the Rules of the Superior Courts (Order 130 (Amendment) Rules), 2004.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend Order 130 (as inserted by

S.I. No. 325 of 1998

) of the Rules of the Superior Courts, 1986 in relation to the Freedom of Information Act, 2003.

We, the Superior Courts Rules Committee, constituted 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 that behalf, do hereby make the following Rules of Court.

Dated this 29th day of January 2004.

Ronan Keane

Brian McCracken

Michael Cush

Tony Hunt

Noel Rubotham

Matthew Feely

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

Dated this 20th day of July, 2004.

Michael McDowell

Minister for Justice, Equality and Law Reform.