PROCEDURE IN STATUTORY APPEALS BY NOTICE OF APPEAL TO THE COURT
1 — DEFINITIONS
‘appellant’ means the person making an appeal to the Court;
‘respondent’ means the person who gave the notice, decision or direction from which the appeal is brought.
(2) Where an enactment provides for or permits an appeal to be made to the Court or to a Judge from any notice given or served or from any decision or direction given in any matter and no other provision is made for the applicable procedure either by the enactment concerned or by these Rules, the procedure for the appeal (in the remainder of this Order, referred to as the ‘relevant appeal’) set out in the following rules applies.
(3) sub-rule (2) is subject to any requirement of the relevant enactment.
2 — GENERAL
2 Venue for appeal
(2) sub-rule (1) is subject to any provision or requirement to a different effect in the relevant enactment.
3 Procedure by notice of appeal
3. (1) The relevant appeal must be commenced by a notice of appeal (in the remainder of this Order, referred to as ‘the notice of appeal’) in the Form 40D.01, Schedule C, with such modifications as are appropriate.
(2) A copy of the notice of appeal must be served on the respondent and on every other person directly affected by the appeal. Unless otherwise provided, the notice may be served in accordance with the provisions of Order 41—
within 14 days from the day on which the notice appealed from was served or the decision or direction first came to the knowledge of the appellant, and
at least 14 days before the return date.
4 Copy documents to be attached
4. The appellant must also attach to the notice of appeal and to any copy of the notice of appeal served a copy of the notice, decision or direction appealed from and, where appropriate, copies of any other documents or exhibits used in relation to the notice, decision or direction.
5 Court may direct service of the notice of appeal
3 — PARTICULAR APPEALS UNDER STATUTE
6 Safety Health and Welfare at Work Act, 2005
the ‘Act of 2005’ means the Safety Health and Welfare at Work Act, 2005 (No 10 of 2005).
the applicant must ensure that a copy of any order of the Court made on the appeal is served promptly on the respondent and on any other person directly affected by the order.
(3) Where an application has been brought in the manner prescribed under section 67(6) of the Act of 2005 for the suspension of a prohibition notice, the applicant must ensure that a copy of any order of the Court made on the application directing that the operation of a prohibition notice be suspended is served promptly on the respondent and on any other person directly affected by the order.
7 Mental Health Act 2001
the ‘Act’ means the Mental Health Act 2001 (No 25 of 2001);
the expressions ‘approved centre’, ‘centre’, ‘Commission’, and ‘registered proprietor’ each has the meaning given to it by the Act.
of an approved centre, against a decision of the Commission:
may be made to the Judge assigned to the Court district in which the centre concerned is situated, at any sitting of the Court for that Court district.
(3) The notice of appeal, in the Form 40D.02, Schedule C, must be served on the Commission by the appellant not later than seven days before the return date.
8 Firearms Act 1925 (as amended by the Criminal Justice Act, 2006)
the ‘Act’ means the Firearms Act, 1925;
the expression ‘issuing person’ has the meaning given to it by the Act.
(2) Despite rule 2(2), an appeal under section 15A of the Act (inserted by section 43 of the Criminal Justice Act, 2006) by a person aggrieved by a decision referred to in section 15A(1) of the Act by an issuing person may be made within the period specified in section 15A(2) of the Act.
(3) An appeal under section 15A of the Act must be made by notice of appeal in the Form 40D.01, Schedule C, with such modifications as are necessary.
(4) The notice of appeal must be issued by the Clerk and served in accordance with the provisions of Order 41 on the issuing person at least 14 days before the return date.
Provisions for appeals to the District Court under the:
—Betting Act, 1931 are referred to in Order 64 of these Rules.
—Gaming and Lotteries Act, 1956 are contained in Order 66 of these Rules.
—Street and House to House Collections Act, 1941B are contained in Order 88 of these Rules.
—Wildlife Act, 1976 are contained in Order 89 of these Rules.
—Fire Services Act, 1981 are contained in Order 92 of these Rules.
—Housing (Private Rented Dwellings) Act, 1982 are contained in Order 93 of these Rules.
—Road Traffic Acts, 1961 to 1987 are contained in Order 97 of these Rules.
—Safety Health and Welfare at Work Act, 1989 are prescribed in regulations entitled District Court (Safety, Health and Welfare at Work Act, 1989) Regulations 1989 (SI No 275 of 1989).