S.I. No. 350/2006 - Circuit Court Rules (Taxi Regulation) 2006

1. In this Order

“the Act” means the

Taxi Regulation Act 2003

(No. 25 of 2003),

“licensing authority” has the same meaning as in the Act, and

“the Superintendent” means the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides.

2. An application under section 36(2) of the Act shall be made by originating Notice of Motion, which shall be grounded upon Affidavit. Every Notice of Motion issued under this Order shall name as the plaintiff the applicant for relief and shall name as defendant or defendants the Superintendent and (where the person is the holder of a licence affected) the licensing authority which granted the licence.

3. The Notice of Motion shall be signed by or on behalf of the applicant and shall state the Sitting of the Court at which the application is to be made.

4. Copies of the Notice of Motion and grounding Affidavit shall be served upon the defendants by any of the modes in which a Civil Bill may be served.

5. The Court may at any time direct service of copies of the Notice of Motion and grounding Affidavit on any other person whom the Court considers relevant or affected by the application and may give directions as to the delivery of any affidavit by any such person.

6. An application under section 36(2) of the Act shall be brought in a county of the circuit in which the applicant intends to provide small public service vehicle services.

7. Save in the Dublin Circuit, the Notice of Motion shall be served at least twenty-one days before the day upon which the application is to be made. In the Dublin Circuit, the Notice of Motion shall be served at least twenty-one days before the day upon which such application is intended to be made, and shall operate to set down the application for hearing upon any day after the expiration of the said time upon which the application may come on for hearing in its order in the list.

8. The County Registrar shall give notice of the Court‘s decision by sending a copy of any order made on such application to the Superintendent and to the licensing authority concerned, and to any other person on notice of the application.”

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

.

S.I. No.350 of 2006

CIRCUIT COURT RULES (TAXI REGULATION) 2006

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 20

th

day of June 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Patrick Hunt

Fergal Foley

Gerard J. Doherty

Faye Breen

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 30

th

day of June, 2006

Signed

MICHAEL McDOWELL

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.350 of 2006

CIRCUIT COURT RULES (TAXI REGULATION) 2006