District Court Rules

ORDER 88

STREET AND HOUSE TO HOUSE COLLECTIONS

Definition

1. In this Order

‘the Act’ means the Street and House to House Collections Act, 1962 (No 13 of 1962).

Venue for appeal under section 13(1)

2. (1) An appeal against the refusal by a Chief Superintendent of the Garda Síochána to grant a collection permit, pursuant to section 13(1) of the Act, may be made at any sitting of the court for the court area forming any part of the locality in which the collection to which the collection permit tile subject of the appeal relates, is proposed to be held.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.1, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of court

(5) The order of the court hearing such appeal shall be in accordance with Form 88.2, Schedule C.

Venue for appeal under section 13(2)

3. (1) An appeal against the attaching of a condition by a Chief Superintendent of the Garda Síochána to a collection permit granted, pursuant to section 13(2) of the Act, may be made at any sitting of the court for the court area forming any part of the locality in which the collection to which the collection permit the subject of the appeal relates is proposed to be held.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.3, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date of such hearing.

Order of court

(5) The order of the court hearing such appeal shall be in accordance with Form 88.4, Schedule C.

Venue for appeal under section 13(3)

4. (1) An appeal against the revocation by a Chief Superintendent of the Garda Síochána of a collection permit pursuant to section 13(3) of the Act, may be made at any sitting of the court for the court area forming any part of the locality in which the collection to which the collection permit the subject of the appeal relates is proposed to be held.

Form of notice

(2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.5, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

(3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

(4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of court

(5) The order of the court hearing such appeal shall be in accordance with Form 88.6, Schedule C.

Venue for application under section 23(1)

5. (1) An application by a Chief Superintendent of the Garda Síochána for an order under section 23(1) of the Act may be made at any sitting of the court for the court area forming any part of the locality in which the collection was held pursuant to a collection permit.

Form of, and service of notice

(2) Such application shall be preceded by the issue and service of a notice in the Form 88.7, Schedule C upon the person (the respondent) to whom was granted the collection permit pursuant to which the collection was held. The notice shall be served at least 48 hours before the hearing of the application.

Lodgment of notice

(3) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk.

Order of court

(4) Where the application is granted the Order shall be in the Form 88.8, Schedule C. A certified copy of such order shall be given or sent to the respondent.

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