S.I. No. 185/2022 - Rules of the Superior Courts (Powers of Attorney) 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 22nd April, 2022.

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, the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 31st day of January, 2022.

Donal O’Donnell

George Birmingham

Mary Irvine

Elizabeth Dunne

Brian R. Murray

Richard Humphreys

Yvonne McNamara

Grainne Larkin

Stuart Gilhooly

Liam Kennedy

James Finn

Mary Cummins

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

Dated this 21st day of March, 2022.

HELEN MCENTEE

Minister for Justice

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Powers of Attorney) 2022, shall come into operation on the 26th day of April 2022.

(2) These Rules shall be construed together with the Rules of the Superior Courts.

(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2022.

2. The Rules of the Superior Courts (No. 1)(Powers of Attorney Act 1996) 2000 ( S.I. No. 66 of 2000 ) are amended by the insertion immediately following Regulation 3 thereof of the following Regulation:

“4. The forms set out in the Appendix shall be inserted into the Rules of the Superior Courts as Appendix MM, immediately following Appendix LL.”

3. Order 129 of the Rules of the Superior Courts is amended by the substitution therein for “the Appendix hereto” of “Appendix MM” in each place where it occurs and by the insertion in sub-rule (6) of rule 3 of “in Appendix MM” following the words “be in the Form No 3 or No 4”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules amend S.I. No. 66 of 2000 by the insertion of Regulation 4 to provide that the forms set out in the appendix be inserted into the Rules of the Superior Courts as Appendix MM and amend Order 129, rules 3(1) and (6), 4(1) and 5(4) to refer to Appendix MM.