S.I. No. 277/2014 - Superior Courts (Service or delivery by post) 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 20th June, 2014.

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act 1936 , section 67, 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 Provisions) Act 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 24th day of October, 2013.

Susan Denham

John Edwards

Anthony Barr

Paul McGarry

Michael Kavanagh

Mary Cummins

Noel Rubotham

John Mahon

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

Dated this 10th day of June, 2014.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 277 of 2014

RULES OF THE SUPERIOR COURTS (SERVICE OR DELIVERY BY POST) 2014

1. (1) These Rules, which may be cited as the Rules of the Superior Courts (Service or delivery by post) 2014, shall come into operation on the 7th day of July 2014.

(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 2014.

2. The Rules of the Superior Courts are amended by the insertion in Order 125 immediately following the definition of “probate action” of the following definition:

““registered post” means pre-paid registered post as referred to in section 23 (1) of the Courts Act 1971 or any other form of registered items service (within the meaning of section 16 (12) of the Communications Regulation (Postal Services) Act 2011 ) provided by—

(a) a universal postal service provider designated under section 17 or section 18 of the Communications Regulation (Postal Services) Act 2011 or

(b) a person who is for the time being deemed in accordance with section 38 of that Act to be a postal service provider authorised to provide a registered items service and registered as such in the register maintained in accordance with section 40 of that Act,

and references to “prepaid registered post”, “registered pre-paid post”, “registered letter”, “prepaid registered letter”, and all cognate expressions, shall be construed accordingly.”

EXPLANATORY NOTE

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

These rules amend Order 125 of the Rules of the Superior Courts by the insertion of a definition of "registered post" to facilitate the operation of the Communications Regulation Act 2002 and the Communications Regulation (Postal Services) Act 2011 .