S.I. No. 315/2006 - Rules of the Superior Courts (Taxi Regulation) 2006

1. In this Order: -

“the Act” means the

Taxi Regulation Act 2003

;

“licensing authority” has the same meaning as in the Act.

2. The provisions of these rules which relate to matters to which section 35(7) of the

Taxi Regulation Act 2003

applies shall come into operation when section 35(7) of that Act comes into effect. The remaining provisions of these rules shall come into operation on the 19

th

day of June 2006.

3. These rules shall be construed together with the Rules of the Superior Courts 1986 to 2006 and may be cited as the Rules of the Superior Courts (Taxi Regulation 2006.

EXPLANATORY NOTE

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

These Rules facilitate applications and appeals under

section 36

of the

Taxi Regulation Act 2003

.

4. In proceedings under this Order, copies of the originating notice of motion, grounding affidavit and any exhibits thereto shall be served on the

respondent at least twenty one days before the return date of the originating notice of motion.

5. The respondent and any other person directed by the Court to be served with the originating notice of motion may deliver a replying affidavit, in which event a copy of such affidavit shall be served upon the applicant or appellant and each other person upon whom the originating notice of motion has been served within fourteen days of the service by the applicant or appellant of the originating notice of motion.

6. An affidavit giving the names and addresses of, and the places and dates of service on, all persons who have been served with the notice of motion, grounding affidavit and exhibits (if any) shall be filed before the motion is heard.

7. On the return date of an originating notice of motion pursuant to this Order (or on any adjournment from such date), the Court may make such order or give such directions, including the fixing of time limits, for the conduct of the proceedings as appear convenient for the determination of the proceedings in a manner which is just, expeditious and likely to minimise the costs of those proceedings.

8. Save where the Court otherwise directs, proceedings under this Order shall be heard and determined on affidavit.

9. The Registrar shall cause a copy of any order made on an application under section 36(2) of the Act to be sent to the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides, to the licensing authority concerned, and to any other person on notice of the application.”

S.I. No.315 of 2006

Rules of the Superior Courts (Taxi Regulation) 2006

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 25

th

day of May, 2006.

Joseph Finnegan

Patrick O’Connor

Adrian Hardiman

Noel Rubotham

Lyndon McCann

Matt Feely

Tony Hunt

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

Dated this 19

th

day of June, 2006.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.315 of 2006

Rules of the Superior Courts (Taxi Regulation) 2006