S.I. No. 534/2004 - District Court (Railway Infrastructure) Rules, 2004

STATUTORY INSTRUMENTS.

S.I. No. 534 of 2004 .

DISTRICT COURT (RAILWAY INFRASTRUCTURE) RULES, 2004.

S.I. No. 534 of 2004 .

DISTRICT COURT (RAILWAY INFRASTRUCTURE) RULES, 2004.

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 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the courts (Supplemental Provisions) Act, 1961 , 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 (Railway Infrastructure) Rules 2004.

2. These rules shall come into operation on the 9th day of October 2004 and shall be read together with all other District Court rules for the time being in force.

3. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended by the insertion immediately following Order 90 of the following:

“Order 90A

Railway Infrastructure

1. In this Order—

“the Act” means the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001);

the expression “railway undertaking” shall have the meaning given to it by the Act.

2. (1) An application by or on behalf of a person to whom a notice pursuant to section 48(1) of the Act has been given shall be made to a Judge of the District Court assigned to the court district in which the land which is the subject of said notice is situated.

(2) Such application shall be by notice of application in the form 90A.1, Schedule C and shall be served by the applicant on the railway undertaking by or on whose behalf the notice pursuant to section 48(1) of the Act was served by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable.

(3) The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.

(4) An order made pursuant to paragraph (c) of subsection (1) of section 48 of the Act on such application shall be in the form 90A.2, Schedule C”.

4. The Forms numbered 90A.1 and 90A.2 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 1

No. 90A.1

TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001

Section 48(1)(c)

NOTICE OF APPLICATION TO PROHIBIT ENTRY ON LAND

............................................................ ............................................................ ................ Applicant

of ............................................................ ............................................................ ............................

............................................................ ............................................................ ............. Respondent

of ............................................................ ............................................................ ............................

WHEREAS the above-named applicant, being the *owner *occupier of land situate at............. in the Court *(area and) district aforesaid has on the day of...........20.......... been given notice in writing of the intention of the above named respondent railway undertaking to enter on the said land, pursuant to Section 48(1)(b)(ii) of the above mentioned Act

TAKE NOTICE that the applicant will apply to a Judge of the

District Court at ............................................................ ...........................................................

on the................................day of................................................ 20............................... at......................... a.m./p.m.

for an order pursuant to Section 48(1)(c) of the said Act prohibiting the said entry.

Dated this.........................day of.................... 20...................

To

And to

District Court Clerk

..............................

*delete if inapplicable

No. 90A.2

TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001

Section 48(1)(c)

ORDER *(PROHIBITING ENTRY ON LAND) *(SPECIFYING CONDITIONS FOR ENTRY ON LAND)

............................................................ ............................................................ ................ Applicant

of ............................................................ ............................................................ ............................

............................................................ ............................................................ ............. Respondent

of ............................................................ ............................................................ ............................

UPON HEARING to-day an application made to me a Judge of the District Court by the above-named Applicant

of ............................................................ ..........................................................., being the *owner

*occupier of land situate at ............................................................ ........................ in the court (area and) district aforesaid for an order prohibiting entry to the said land by the Respondent, the Applicant having been given notice in writing by the Respondent pursuant to section 48(1)(b)(ii) of the above-mentioned Act stating its intention to enter on the said land and the purposes for which the entry is intended

AND BEING SATISFIED that notice of the application herein was duly served upon the Respondent, and having heard the evidence tendered herein,

*I HEREBY PROHIBIT the said entry on the said land.

*I HEREBY ORDER that the Respondent do comply with the following conditions:—

Dated this ...................................................... day of .................................................20.................

[*delete as appropriate]

EXPLANATORY NOTE.

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

These Rules amend the District Court Rules 1997 to facilitate applications under section 48 of the Transport (Railway Infrastructure) Act 2001 (No. 51 of 2001).