S.I. No. 52/1997 - Rules of the Superior Courts (No. 1), 1997.

S.I. No. 52 of 1997.

RULES OF THE SUPERIOR COURTS (NO. 1), 1997.

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, 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 annexed Rules of Court.

Dated this 20th day of December, 1996.

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

Dated this 29th day of January, 1997.

NORA OWEN,

 Aire Dlí and Cirt.

S.I. No. 52 of 1997.

RULES OF THE SUPERIOR COURTS (NO. 1), 1997.

1. The following shall be inserted as sub rule 10 (10) after Order 22 rule 10 (9) of the Rules of the Superior Courts:

 "(10) Whenever the rules of procedure or the provisions of a scheme relating to the operation of a Tribunal require any award proposed to be made to a minor by the said Tribunal to be approved by the High Court, the following procedure shall apply:

( a ) An application for the approval of the Court shall be made by motion ex parte grounded upon an affidavit entitled

"IN THE MATTER OF THE TRIBUNAL"

and

"IN THE MATTER OF AN APPLICATION RELATING TO A.B., A MINOR, OF [ADDRESS] BY C.D., ACTING AS NEXT FRIEND ON BEHALF OF THE SAID A.B."

Such application shall be made to the President of the High Court or a Judge assigned by the President to hear such applications.

( b ) When approving such an award the Court may appoint a person of full age to act as the minor's next friend and may authorise the next friend to accept the said award on behalf of the minor.

( c ) Where applicable, the provision of Order 22 rule 10 (3) to (6) and rule 11 shall apply mutatis mutandis to awards made to minors and approved in accordance with this rule".

2. This rule shall come into operation on the 11th day of February, 1997.

3. This rule shall be construed together with the Rules of the Superior Courts 1986 to 1997 and may be cited as the Rules of the Superior Courts (No. 1), 1997.

EXPLANATORY NOTE.

These Rules come into operation on the 11 February, 1997 and make provision for an addition to Order 22 of a new sub-rule 10 (10) to provide for applications for approval of awards proposed to be made to minors by any Tribunal.