Superior Court Rules

ORDER 113A

APPEALS UNDER THE EUROPEAN COMMUNITIES (GENERAL SYSTEM FOR RECOGNITION OF HIGHER EDUCATION DIPLOMAS) REGULATIONS, 1991 AND
UNDER THE EUROPEAN COMMUNITIES (SECOND GENERAL SYSTEM FOR THE RECOGNITION OF PROFESSIONAL EDUCATION AND TRAINING) REGULATIONS, 1996

1. In this Order–

‘the 1991 Regulations’ means the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations, 1991.

‘the 1996 Regulations’ means the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations, 1996.

[SI 346/97]

2. (1) An appeal against a decision of any designated authority whether under Regulation No 11 of the 1991 Regulations or under Regulation No 15 of the 1996 Regulations shall be brought by motion on notice to the relevant designated authority against whose decision the appeal is brought. The said motion shall be brought within a period of 42 days from the date upon which the decision is communicated to the applicant.

(2) An appeal in respect of a failure of any designated authority to give a decision as required by either the 1991 Regulations or the 1996 Regulations shall be brought by motion on notice to the relevant designated authority and shall be brought within 42 days of the expiry of the four month period referred to in Reg No.10 of the 1991 Regulations or Regulation No 14 of the 1996 Regulations, as the case may be.

[SI 346/97]

3. The notice of motion shall be entitled in the matter of the relevant regulations; on the application of the person bringing the appeal; shall state the relief sought; shall state the name and place of residence or address for service of the person seeking relief; the date upon which it is proposed to apply to the court for relief and shall be filed in the Central Office.

[SI 346/97]

4. Notice of the motion shall be given to the relevant designated authority provided that if it shall appear to the court at any stage that any other person to whom notice has not been given ought to have had such notice, the court may adjourn the hearing thereof in order that such notice may be given, upon such terms (if any) as the court may think fit to impose.

[SI 346/97]

5. Unless the court gives special leave to the contrary, there must be at least 10 clear days between the service of the notice and the day named therein for the hearing of the motion.

[SI 346/97]

6. (1) Subject to the right of the court to give such directions as to oral evidence or otherwise as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.

(2) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit used in opposition to the application shall be filed in the Central Office by the respondent or any notice party within 21 days of the service of the applicant’s affidavit and the respondent or notice party, as the case may be, must within such period serve a copy of any such affidavit intended to be used by it on the applicant.

[SI 346/97]

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