S.I. No. 226/1971 - The Rules of the Superior Courts (No. 2), 1971.

S.I. No. 226 of 1971.

THE RULES OF THE SUPERIOR COURTS (No. 2), 1971.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48) and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 9th day of July, 1971.

I concur in the making of the annexed Rules of Court.

Dated this 28th day of July, 1971.

DEASÚN Ó MÁILLE,

Aire Dlí agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 2), 1971.

1. In Order 76, rule 6 shall be deleted, and the following rule substituted therefor:—

"6. All such proceedings (except notices to creditors) shall be written or printed or partly written and partly printed on paper on sheets measuring 13 inches by 8 inches or thereabouts, with an inner margin 1¾ inches wide; but no objection shall be allowed to any proof of debt, affidavit or proxy on account of its being written or printed on other sized paper."

2. In Order 86, rule 18 (3) shall be deleted and the following sub-rule substituted therefor:—

"(3) A transcript of the shorthand notes taken of the proceedings at the trial of an appellant shall be supplied by the Registrar free of charge

(a) to an appellant who has been granted a legal aid (appeal) certificate, and

(b) to any other appellant by order of the Court."

3. The following additional Order shall be inserted immediately after Order 90 viz:

"ORDER 90A.

THE REDUNDANCY PAYMENTS ACT, 1967 .

1. Every appeal to the Court under the Redundancy Payments Act, 1967 shall be brought by special summons.

2. The summons shall be entitled in the matter of the said Act, on the application of the person bringing the appeal, and shall state the decision of the Redundancy Appeals Tribunal, (hereinafter referred to as the Tribunal), appealed against and the grounds of appeal.

3. The summons shall be served on the Minister for Labour and on all parties to the decision of the Tribunal.

4. The summons shall be issued within twenty-one days of the date on which notice of the decision of the Tribunal was given to the party appealing; provided that the time within which the summons may be issued may be extended on application ex parte at any time within six weeks from the date on which notice of the decision of the Tribunal was given to the party desirous of appealing.

5. Any question referred to the decision of the High Court by the said Minister under section 40 of the said Act shall be brought by special summons, entitled in the matter of the said Act, on the application of the said Minister. The summons shall state concisely the question referred for the decision of the Court and shall be served on all parties to the application to the Tribunal.

6. No costs shall be allowed of any proceedings under this Order unless the Court shall by special order allow such costs."

4. In Order 99, rule 45 shall be deleted and the following rule substituted therefor:—

"45. Subject to the provisions of rule 8, in all cases not provided for by rule 39 in which a person shall obtain judgment for the payment of money or costs, if and when execution shall issue on foot thereof, the officer issuing such execution, shall add to the sum ordered to be paid the appropriate sum specified in respect of 'costs of execution' set forth in Appendix W, Part III."

5. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 2), 1971.

EXPLANATORY NOTE.

These Rules which amend the Rules of the Superior Courts ( S.I. No. 72 of 1962 ), provide for (1) foolscap-sized Bankruptcy forms, (2) the grant of free transcripts to appellants in legal aid cases in the Court of Criminal Appeal, (3) the insertion of Rules pursuant to the Redundancy Payments Act, 1967 , and (4) the reckoning of certain execution costs by reference to Part III of Appendix W of the Rules.