S.I. No. 319/1980 - Rules of the Superior Courts (No. 3), 1980.

S.I. No. 319 of 1980.

RULES OF THE SUPERIOR COURTS (No. 3), 1980.

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 Provision) Act, 1961, section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Date this 30th day of July, 1980.

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

Dated this 17th day of October, 1980.

GERARD COLLINS,

Aire Dli agus Cirt.

RULES OF THE SUPERIOR COURTS (NO. 3), 1980.

1. In Order 67, Rule 30 shall be deleted and the following substituted therefor:—

"30. Where it appears to the Registrar that the property of a person alleged to be of unsound mind does not exceed £3,000 in value, or that the annual income thereof does not exceed £300, and that it is desirable that an order should be made in pursuance of section 68 of the Act in regard thereto, then the following provisions shall apply:—

( a ) an application in pursuance of the said section may be made in such manner as the Registrar shall think fit, and without the presentation of a petition;

( b ) the Registrar shall obtain the report of one of the medical visitors as to the respondent's state of mind;

( c ) if it shall appear from the report that the respondent is of unsound mind and incapable of managing his affairs, the Registrar shall give carriage of the proceedings to the General Solicitor or to such other solicitor as he may think fit, and direct such solicitor to serve notice upon the respondent in the Form No. 11 of the said application and report;

( d ) the respondent may object to any order being made upon the application by notice in the Form No. 14 which shall be signed by him and shall be transmitted to the Registrar by him or his solicitor within seven days of the service on him of the notice referred to in paragraph (c);

( e ) as soon as practicable after the expiration of seven days from the service of the notice referred to in paragraph (c), the Registrar shall submit to the Judge the medical visitor's report such evidence as may be available as regards the respondent, his property and affairs, the affidavit of service upon him of the said notice and the notice of objection (if any);

( f ) the Judge may, on consideration of the said documents, make an order in pursuance of the said section without the attendance of counsel, solicitor or parties or direct that the application be set down for hearing or refer the matter to the Registrar to make any particular inquiry".

2. In Order 67, Rule 92 shall be deleted and the following substituted therefor:—

"92. Where no representation has been raised to the estate of a ward who has died intestate, and whose net asset appear to the Judge not to exceed £500 in value, any funds to which he was or his personal representatives would be entitled may, by direction of the Judge, be paid, transferred or delivered to the person who as widower, widow, or next-of-kin of the ward would be entitled to obtain letters of administration of his personal estate, upon such person making and filing with the Registrar a declaration in the Form 18".

3. In Order 67, Rule 99 shall be deleted and the following substituted therefor:—

"99. (1) The Registrar may himself measure a sum for costs where the Judge so directs, or where the parties concerned so consent, or where he considers that the amount which would be allowed on taxation would not exceed £500.

(2) Where the Registrar measures costs in pursuance of this rule, the Accountant may pay the amount so measured notwithstanding that the order under which such costs are payable directs payment upon production of a certificate of taxation thereof."

4. This rule shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 3), 1980.

EXPLANATORY NOTE.

These Rules amend the maximum amounts in respect of which the provisions of Rules 30, 92 and 99 of Order 67 of the Rules of the Superior Courts may operate in relation to the property or estates of Wards of Court.