District Court Rules

ORDER 40D

PROCEDURE IN STATUTORY APPEALS BY NOTICE OF APPEAL TO THE COURT

1 — DEFINITIONS

1 Definitions

1. (1) In this Order—

‘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. (1) A relevant appeal must be brought:

(a) in the Court area where the notice appealed from was given or served or the decision or direction appealed from was given; or

(b) in the Court area where the appellant resides.

(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.

(3) The appellant must lodge with the Clerk a statutory declaration of service on the respondent and on every other person directly affected by the appeal at least seven 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

5. The Court hearing the appeal may, if it considers it proper, direct that the notice of appeal be served on any person not already served.

3 — PARTICULAR APPEALS UNDER STATUTE

6 Safety Health and Welfare at Work Act, 2005

6. (1) In this rule-

the ‘Act of 2005’ means the Safety Health and Welfare at Work Act, 2005 (No 10 of 2005).

(2) Where an appeal has been brought in the manner prescribed under—

(a) section 66(7) of the Act of 2005 against an improvement notice,

(b) section 67(7) of the Act of 2005 against a prohibition notice, or

(c) section 72(3) of the Act of 2005 against an information notice,

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

7. (1) In this rule-

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.

(2) An appeal under section 65(1) of the Act by:

(a) a registered proprietor or, as the case may be,

(b) a person intending to be the registered proprietor

of an approved centre, against a decision of the Commission:

(i) to refuse to register the centre;

(ii) to remove the centre from the register, or

(iii) to attach a condition, or to amend or revoke a condition attached, to the registration of the centre

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.

(4) A copy of the decision of the Commission appealed from must be annexed to the notice of appeal.

(5) A statutory declaration of service of the notice of appeal must be filed with the Clerk at least two days before the return date.

8 Firearms Act 1925 (as amended by the Criminal Justice Act, 2006)

8. (1) In this rule,

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.

*Note

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).

[SI 17/14]

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