S.I. No. 600/2021 - Rules of the Superior Courts (Service in Wardship Proceedings) 2021

1. On the .........day of ..............20...., between the hours of ....... and ........ I personally served the respondent with notice of the petition herein.

2. I effected such service at [

set out the address at which service was effected

] by showing him/her personally an attested copy of the said petition with the appropriate notice thereon indorsed, and at the same time delivering to him/her in person and leaving with him/her a true copy of the same including the indorsement.

3. I read the contents of the petition and explained the nature and implications of the application to the respondent.

4. The response of the respondent was .......... [

or state that the respondent made no response

].

5. On the .........day of ..............20...., being within .... days of such service I indorsed upon the said attested copy of the petition the hour and day of the week, month, and year of such service.

6. At the time of such service I was acquainted with the appearance of the respondent

or

the respondent was identified to me by .............

7. Before swearing this affidavit I have marked the said attested copy of the petition with the letter “A” and have indorsed my name thereon.

Sworn &c.

EXPLANATORY NOTE

(

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

)

These rules amend Order 67 rules 94 and 95 and Form No. 15 Appendix K, of the Rules of the Superior Courts relating to service on the respondent in proceedings seeking a declaration of wardship, by removing the provisions on non-personal service thereby making personal service mandatory in all cases, including a provision requiring the petition to be read and explained to the respondent and amending Form No. 15 accordingly.

95. In every case, an affidavit of service of such notice or document shall be filed with the Registrar stating particularly the time, place, and mode of service, and include an averment in respect of the efforts made by the deponent to explain the nature and implications of the papers served on the respondent and set out any response of the respondent. Such affidavit shall be in the Form No 15.”, and

(ii) by the substitution for Form No. 15 in Appendix K of the form set out in the Schedule.

Schedule

“No. 15.

O. 67, r. 95

AFFIDAVIT OF SERVICE OF NOTICE OF ORIGINATING PETITION.

____________________

[Heading as in Form No. 1].

In the matter of A.B., respondent.

I, [name] of [address] aged 18 years and upwards, make oath and say as follows:—

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

23

rd November,

2021.

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, the

Courts of Justice Act, 1936

, section 68 (as applied by the

Courts (Supplemental Provisions) Act 1961

,

section 48

), the

Courts (Supplemental Provisions) Act 1961

and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 28th day of September 2021.

Frank Clarke (Chairperson)

George Birmingham

Mary Irvine

Deirdre Murphy

Richard Humphreys

Conor Dignam

Stuart Gilhooly

Liam Kennedy

James Finn

Mary Cummins

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

Dated this 17th day of November 2021.

HELEN MCENTEE

Minister for Justice