District Court Rules

ORDER 90A

RAILWAY INFRASTRUCTURE

Definitions

1. In this Order—

‘the Act’ means the Transport (Railway Infrastructure) Act, 2001 (No 55 of 2001);

the expression ‘railway undertaking’ shall have the meaning given to it by the Act.

[SI 534/04]

2. (1) An application by or on behalf of a person to whom a notice pursuant to section 48(1) of the Act has been given shall be made to a Judge of the District Court assigned to the court district in which the land which is the subject of said notice is situated.

(2) Such application shall be by notice of application in the Form 90A.1, Schedule C and shall be served by the applicant on the railway undertaking by or on whose behalf the notice pursuant to section 48(1) of the Act was served by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable.

(3) The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.

(4) An order made pursuant to para (c) of subs (1) of s 48 of the Act on such application shall be in the Form 90A.2, Schedule C.

[SI 534/04]

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