S.I. No. 162/2006 - District Court (Temporary Closure Orders) Rules 2006

SI No. 162 of 2006

District Court (Temporary Closure Orders) Rules 2006

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform make the following rules of court:-

1               These rules may be cited as the District Court (Temporary Closure Orders) Rules 2006.

2               These rules shall come into operation on the 9^th day of May 2006 and shall be read together with all other District Court rules for the time being in force.

3               Order 82 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 is hereby amended by the insertion immediately after rule 2 thereof, of the following:

“3             Where a temporary closure order is made pursuant to section 36A(2) of the Intoxicating Liquor Act 1988 , the order shall be in the Form 82.3, Schedule C.”

4               The Form numbered 82.3 in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Schedule C

O. 82, r. 3

No. 82.3

INTOXICATING LIQUOR ACT 1988

Section 36A as inserted by section 13, Intoxicating Liquor Act 2000

TEMPORARY CLOSURE ORDER

WHEREAS.................................(hereinafter referred to as the “licensee”), the holder of a licence for the sale of intoxicating liquor by retail in respect of the premises............................................., situate at ................................... in the court area and district aforesaid, has been convicted of an offence under ✻section 31(1) ✻section 31(2) ✻section 35(1) ✻section 36(1) of the above-mentioned Act of 1988, this being the said licensee's.................such offence.

✻HAVING HAD from Garda...................., a member of the Garda Síochána involved in the investigation of the offence, a report on the circumstances in which the said offence was committed and such other information as the Court considers of assistance to it in dealing with the case

THE COURT HEREBY ORDERS pursuant to section 36A(2) of the said Act of 1988 that ✻the said premises/✻that part of the said premises comprising......................................be closed for a period of.......................days, commencing on the thirtieth day after the date of this Order (provided that, if appeal if made from this Order, the said period shall not commence until the thirtieth day after the conviction or period of closure is affirmed).

Dated this        day of          20  .

I concur in the making of the foregoing rules

Dated this 11^th day of April 2006

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend Order 82 to provide a form of order in relation to section 36A(2) of the Intoxicating Liquor Act 1988 .