S.I. No. 810/2004 - Rules of the Superior Courts (Aviation Regulation Act, 2001), 2004

1. In this Order “the Act” means the

Aviation Regulation Act, 2001

, and “the Commission” means the Commission for Aviation Regulation” established by section 5 of the Act.

2. These Rules may be cited as the Rules of the Superior Courts (Aviation Regulation Act, 2001), 2004.

EXPLANATORY NOTE.

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

These rules amend the Rules of the Superior Courts (

S.I. No. 15 of 1986

) by the insertion of Order 102A after Order 102 and lay down procedures in respect of applications under

section 39

of the

Aviation Regulation Act, 2001

.

3. The notice of motion shall be entitled “In the matter of the

Aviation Regulation Act, 2001

and in the Matter of Section 39 thereof and on the Application of the Commission” and shall state concisely the determination or request in respect of which the application is brought and the relief sought; it shall state the date upon which it is proposed to apply to the Court for relief and shall be filed in the Central Office.

4. The application shall be grounded upon an affidavit or affidavits sworn on behalf of the Commission. The notice of motion and affidavit shall be served on the person against whom the relief is sought.

5. There must be at least 4 days between the service of the notice and the day named therein for the hearing of the motion.

6. Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.”.

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 29th day of May, 2003.

Joseph Finnegan

Matthew Feely

William McKechnie

Noel Rubotham

Paul Sreenan

Patrick Groarke

Patrick O'Connor

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

Dated this 18th day of November, 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

RULES OF THE SUPERIOR COURTS (AVIATION REGULATION ACT, 2001), 2004.