S.I. No. 275/1989 - District Court (Safety, Health and Welfare At Work Act, 1989) Regulations, 1989.

S.I. No. 275 of 1989.

DISTRICT COURT (SAFETY, HEALTH AND WELFARE AT WORK ACT, 1989) REGULATIONS, 1989.

I, RAY BURKE, Minister for Justice, in exercise of the powers conferred on me by section 2 (1) of the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989), and after consultation with the Minister for Labour, hereby make the following regulations:—

1 ..

1. These Regulations may be cited as the District Court ( Safety, Health and Welfare at Work Act, 1989 ) Regulations, 1989.

2 Definition.

2. In these Regulations—

"the Act of 1989" means the Safety, Health and Welfare at Work Act, 1989 (No. 7 of 1989).

3 ..

3. These Regulations shall come into operation on the 1st day of November, 1989.

4 Appeals.

4. (1) An appeal brought under—

( a ) section 36 (3) of the Act of 1989against an improvement notice,

( b ) section 37 (6) (a) of the Act of 1989against a prohibition notice, or

( c ) section 42 (4) (a) of the Act of 1989against a notice requiring information,

shall be brought, heard or determined at a sitting of the District Court for the court district in which such notice was served.

(2) Such appeal shall be preceded by the issue and service of a notice of appeal in the Form 1 in the Schedule hereto on each party directly affected by the appeal.

(3) The said notice of appeal shall be served in accordance with the provisions of section 3 of the Act of 1989.

(4) When service has been effected, the appellant shall lodge with the district court clerk the original of the notice of appeal together with a statutory declaration as to service thereof.

5 Application to suspend operation of prohibition notice.

5. (1) Upon issuing a notice of appeal against a prohibition notice which said prohibition notice is declared to take effect immediately it is received by the person on whom it is served, or at any time thereafter, the appellant may apply, at any sitting of the District Court for the court district in which the appeal is listed for hearing, under section 37 (5) of the Act of 1989 to have the operation of the said prohibition notice suspended until the appeal is disposed of, provided that the appellant first gives forty-eight hours notice of the application (in the Form 2 in the Schedule to these Regulations) to each party directly affected by the appeal and lodges the original of such Form 2, together with a statutory declaration as to service thereof, with the district court clerk and such form may, where appropriate, be served at the same time as, and together with, the notice of appeal.

(2) The order of the Court granting the application shall be in the Form 3 in the Schedule to these Regulations.

6 Copy of notice appealed from to be lodged.

6. The appellant shall lodge with the district court clerk or produce at the hearing of the appeal a copy of the notice against which the appeal has been brought.

7 Order on appeal.

7. The order of the Court on hearing the appeal shall be in the Form 4 in the Schedule to these Regulations.

SCHEDULE.

Form I.

Safety, Health and Welfare at Work Act, 1989 section *36 (3) *37 (6) (a) *42 (4) (a).

NOTICE OF APPEAL TO THE DISTRICT COURT.

District Court Area		District No.
of
	............................................................ ......................	Appellant
	............................................................ ......................	Respondent
	............................................................ ......................	*(the Authority)
	............................................................ ......................	*(the enforcing agency)

*Delete if inapplicable.

TAKE NOTICE that the above-named appellant, of ............................................................ .............................

WILL APPEAL at the sitting of the District Court to be held at ................................ on the day of 19 at a.m./p.m.

AGAINST the *improvement notice *prohibition notice *notice requiring information served on the appellant by the above-named respondent, of ........................ on the day of 19 at ........................ in the court district aforesaid under section *36 (1) *37 (2) *42 (1) of the above-mentioned Act,

ON THE FOLLOWING GROUNDS:—

Dated this day of 19 ,

	Signed ............................................................ ...........
	Appellant Solicitor for Appellant.

To the above-named respondent.

* (the Authority)

* (the enforcing agency)

Form 2.

Safety, Health and Welfare at Work Act, 1989 section 37 (5).

NOTICE OF APPLICATION TO HAVE OPERATION OF PROHIBITION NOTICE SUSPENDED.

District Court Area		District No.
of
	............................................................ ......................	Appellant
	............................................................ ......................	Respondent
	............................................................ ......................	* (the Authority)
	............................................................ ......................	* (the enforcing agency)

*Delete if inapplicable

WHEREAS the above-named applicant, of ........................, was on the day of 19 at ........................ in the court district aforesaid served by the above-named respondent, of ........................ with a prohibition notice under section 37 (2) of the above-mentioned Act,

AND WHEREAS the said prohibition notice is declared to take effect immediately it is received by the person on whom it is served,

AND WHEREAS the applicant has issued * (and served) * (and intends to serve) a notice of appeal against the said prohibition notice,

TAKE NOTICE that an application will be made by the applicant at the sitting of the District Court to be held at ........................ on the day of 19 at a.m./p.m. under section 37 (5) of the said Act to have the operation of the said prohibition notice suspended until the appeal is disposed of, on the following grounds:—

Dated this day of 19 ,

	Signed ............................................................ ...........
	Appellant Solicitor for Appellant.

To the above-named respondent.

*(the Authority)

*(the enforcing agency)

Form 3.

Safety, Health and Welfare at Work Act, 1989 section 37 (5).

ORDER DIRECTING THAT THE OPERATION OF A PROHIBITION NOTICE BE SUSPENDED.

District Court Area		District No.
of
	............................................................ ......................	Applicant
	............................................................ ......................	Respondent
	............................................................ ......................	* (the Authority)
	............................................................ ......................	* (the enforcing agency)

*Delete if inapplicable.

UPON HEARING AN APPLICATION	made to this Court by the above-named applicant, of ............................... under section 37 (5) of the above-mentioned Act to have the operation of a prohibition notice which was served on him on the day of 19 at ........................ in the court district aforesaid suspended until an appeal against that notice is disposed of,
THE COURT	being satisfied that
	notice of the said appeal has been duly issued and served,
	notice of the said application has been duly served, and
	having heard the evidence tendered by or on behalf of the applicant, the respondent, the Authority, *the enforcing agency,
	and thinking it proper to do so,
HEREBY DIRECTS	that the operation of the said prohibition notice be suspended until the said appeal is disposed of.

Dated this day of 19 ,

	Signed ............................................................ ...........
	Judge of the District Court.

Form 4.

Safety, Health and Welfare at Work Act, 1989 section *36 (3) *37 (6) (a) *42 (4) (a).

ORDER OF THE DISTRICT COURT ON HEARING AN APPEAL.

District Court Area		District No.
of
	............................................................ ......................	Appellant
	............................................................ ......................	Respondent
	............................................................ ......................	* (the Authority)
	............................................................ ......................	* (the enforcing agency)

*Delete if inapplicable.

UPON HEARING AN APPEAL	brought before this Court by the above-named appellant, of ........................ against an improvement notice a prohibition notice a notice requiring information which was served on him under section 36 (1) 37 (2) 42 (1) of the above-mentioned Act by the above-named respondent, of ........................ on the day of 19 at .................. in the court district aforesaid,
THE COURT	being satisfied that notice of the said appeal was duly served,
	and having heard the evidence tendered by or on behalf of the appellant, the respondent the Authority *the enforcing agency,
	and being satisfied that in the circumstances of this case it is reasonable to do so,
HEREBY ORDERS	*that the said notice against which the appeal was brought be confirmed,
	*that the said notice against which the appeal was brought be confirmed with the following modifications:—
	(and on the application of the appellant the Court hereby suspends the operation of the prohibition notice *notice requiring information for the period of..................).
	*that the said notice against which the appeal was brought be cancelled.
*[AND FURTHER ORDERS	pursuant to section 42 (4) (c) of the above Act (as to the costs of this appeal against a notice requiring information) that

Dated this day of 19 ,

	Signed ............................................................ ...........
	Judge of the District Court.

GIVEN under my Official Seal, this 24th day of October, 1989.

RAY BURKE,

Minister for Justice.

EXPLANATORY NOTE.

The Regulations, which come into operation on 1st November, 1989, prescribe the forms of notice to be used by a person appealing to the District Court against an improvement notice, a prohibition notice or a notice requiring information served on such person under the relevant provisions of the Safety, Health and Welfare at Work Act, 1989 . The Regulations also prescribe the various forms of Order that the District Court may issue on determination of such appeal.