District Court Rules

ORDER 96A

FOOD SAFETY

Definitions

1. In this Order—

‘the Act’ means the Food Safety Authority of Ireland Act, 1998 (No 45 of 1998);

the expressions ‘authorised officer’, ‘Authority’, ‘improvement notice’, and ‘official agency’ shall have the meanings given to each of them by the Act.

[SI 700/04]

Application — venue for

2. (1) An application by or on behalf of the Authority or an official agency for an improvement order pursuant to subsection (4) of section 52 of the Act may be made to any sitting of the court for the court district in which are situated the premises which are the subject of an improvement notice served on a proprietor or person in charge of a premises pursuant to subsection (1) of section 52 of the Act.

Application — notice of

(2) Such application shall be by notice of application in the Form 96A.1, Schedule C and shall be served on or given to the proprietor or person in charge of the premises by the applicant not later than seven days before the date of the sitting for which the application is returnable. Such notice may be served or given—

(a) by addressing it to the proprietor or person in charge of the premises by name and delivering it to him or her;

(b) by leaving it at the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business;

(c) by sending it by post in a prepaid registered letter addressed to the proprietor or person in charge of the premises at the address at which he or she ordinarily resides or carries on business;

(d) if an address for the service of notices has been furnished by the proprietor or person in charge of the premises, by leaving it at, or sending it by prepaid registered post addressed to him or her to that address;

(e) where the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business cannot be ascertained by reasonable inquiry, by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises, or

(f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this sub-rule.

Notice to be lodged with Clerk

(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.

Form of order

(4) An order made pursuant to subsection (4) of section 52 of the Act on such application shall be in the Form 96A.2, Schedule C.

[SI 700/04]

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