S.I. No. 879/2004 - Circuit Court Rules (Equal Status Act, 2000), 2004

1. In this Order “the Act” means

the Equal Status Act, 2000

(No. 8 of 2000), and the “the Authority” means the Equality Authority as provided for at Part 1 of the Act and “the Director” means the Director of Equality Investigations as provided for at Part 1 of the Act and “the Court” means the Circuit Court and “the Minister” means the Minister for Justice, Equality and Law Reform. “Equality Officer” shall be construed in accordance with Section 20 of the Act.

Rule Two

2. All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as application made or proceedings taken in accordance with these Rules.

Rule Three

3. APPEALS AGAINST DECISIONS OF THE DIRECTOR

4. ENFORCEMENT OF DECISIONS AND MEDIATED SETTLEMENTS

Applications for relief by way of enforcement pursuant to section 31 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Complainant or the Chief Executive Officer of the Authority or an appropriate officer duly authorised by him, as appropriate, which said Affidavit shall exhibit

(

a

) certified copy of the decision of the Director or of the written record of the terms of settlement as appropriate

(

b

) evidence of the date of the decision or the date of the written record of the settlement as appropriate; and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) an averment that there has not been any appeal pursuant to section 28 of the Act;

(iii) any facts relevant to the alleged failure to comply with the terms of a decision or with the terms of settlement as appropriate;

(iv) any other relevant facts.

Rule Five

5. PRODUCTION OF DOCUMENTS AND SUPPLY OF INFORMATION

Applications by the Director or an equality officer for relief pursuant to section 35 of the Act shall be made by way of originating Motion on Notice grounded upon Affidavit sworn by the Director or by an appropriate officer duly authorised by Director or by an equality officer which said Affidavit shall, as appropriate, exhibit all documentation relating to requirements made under section 33 (2) (b) and/or section 34 (1) (a) of the Act, as appropriate; and shall set out

(i) the name, address and description of the person against whom the relief is sought;

(ii) the applicable requirements under section 33 and/or section 34 of the Act;

(iii) the nature of the failure alleged;

(iv) any other relevant facts.

Rule Six

6. VENUE

Applications under the Act shall, in accordance with section 45 of the Act, be brought in the County where the respondent ordinarily resides or carries on any profession, business or occupation.

Rule Seven

7. EVIDENCE

Save by special leave of the Court and subject to Rule Three hereof, all applications under the Act shall only be heard upon Affidavit.

Rule Eight

8. COSTS

The Court may make such Order as to costs as may be appropriate.

EXPLANATORY NOTE.

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

These Rules prescribe Circuit Court procedures in respect of applications brought under the

Equal Status Act, 2000

.

FORM 1

AN CHUIRT CHUARDA

THE CIRCUIT COURT

CIRCUIT

COUNTY OF

IN THE MATTER OF

SECTION 28

OF THE

EQUAL STATUS ACT, 2000

BETWEEN

A.B.

Plaintiff

AND

C.D.

Defendant

NOTICE OF MOTION

TAKE NOTICE that application will be made to the Court on the or the next opportunity thereafter for the following reliefs

(Here insert details of relief sought)

AND FURTHER TAKE NOTICE that the said application will be grounded upon

(Here insert grounds upon which the Plaintiff is relying for the reliefs sought)

(Here insert the basis of jurisdiction)

(Here insert the name, address and description of the Plaintiff)

(Here insert a statement of the grounds upon which the Plaintiff intends to rely in support of the appeal)

(The following documents must be annexed to this Notice of Motion namely a certified copy of the decision of the Director with the date of the decision thereon, certified copies of all notices, pleadings, documents and particulars provided by either party to the Director and any other relevant documentation).

Dated this day of 20 .

Signed

Plaintiff/Solicitor for the Plaintiff

To

Defendant/Solicitor for the Defendant

And

To

The County Registrar.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of

section 69

of the

Courts of Justice Act, 1936

, and

section 12

of the

Courts of Justice Act, 1947

, by virtue of the powers conferred on us by

section 66

of the

Courts of Justice Act, 1924

, and

section 70

of the

Courts of Justice Act, 1936

, (as applied by

section 48

of the

Courts (Supplemental Provisions) Act, 1961

) and

section 27

of the

Courts (Supplemental Provisions) Act, 1961

, and of all other powers enabling us in this behalf do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 17th day of July. 2003.

(Signed): Esmond Smyth, (Chairman of the Circuit Court Rules Committee)

Carroll Moran

Elizabeth Dunne

Fergal Foley

Patrick Hunt

Gerard J. Doherty

Joe Deane

Edmund Carroll

P J Fitzpatrick

Susan Ryan (Secretary)

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

Dated this 23rd day of December, 2004

Signed: MICHAEL McDOWELL

MINISTER FOR JUSTICE. EQUALITY AND LAW REFORM

S.I. No. 879 of 2004.

CIRCUIT COURT RULES (EQUAL STATUS ACT, 2000), 2004