S.I. No. 597/2006 - Rules of the Superior Courts (Mental Health Act 2001) 2006

1. An application to the Court pursuant to

section 73

of the

Mental Health Act 2001

for leave to institute civil proceedings in respect of any act purporting to have been done in pursuance of the said Act shall be by way of originating notice of motion entitled

“THE HIGH COURT

In the matter of

section 73

of the

Mental Health Act 2001

And in the matter of intended proceedings”

.

2. These Rules shall come into operation on the 3

rd

day of January, 2007.

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 (Mental Health Act 2001) 2006.

EXPLANATORY NOTE

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

These Rules prescribe procedures to facilitate applications and appeals under

section 73

of the

Mental Health Act 2001

.

4. Where a person who has been served with an originating summons or other originating document instituting civil proceedings against him in the Court alleges that the institution of such proceedings required the leave of the Court under section 73 of the Act of 2001 and that such leave was not obtained, that person may

(a) indorse upon any Memorandum of Appearance required by Order 12 to be delivered a statement that such Appearance is entered solely for the purpose of contesting the right of the plaintiff or person instituting the said proceedings to institute same without the leave of the Court under section 73 of the Act of 2001 and

(b) as soon as practicable thereafter, apply in the proceedings on notice to the plaintiff for an order striking out such proceedings for want of leave.”

S.I. No.597 of 2006

Rules of the Superior Courts (Mental Health Act 2001) 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 26

th

day of October, 2006.

Joseph Finnegan

Richard Johnson

Lyndon MacCann

Patrick O'Connor

Patrick Groarke

Noel Rubotham

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

Dated this 6

th

day of December, 2006.

MICHAEL MCDOWELL

Minister for Justice, Equality and Law Reform

S.I. No.597 of 2006

RULES OF THE SUPERIOR COURTS (MENTAL HEALTH ACT 2001) 2006