1. HomeBaile
  2. Statutory InstrumentsIonstraimí Reachtúla
  3. 2005
  4. S.I. No. 121/2005 - District Court (Small Claims) (Amendment) Rules 2005

S.I. No. 121/2005 - District Court (Small Claims) (Amendment) Rules 2005

/static/images/base/harp.jpg

STATUTORY INSTRUMENTS.

S.I. No. 121 of 2005 .

DISTRICT COURT (SMALL CLAIMS (AMENDMENT) RULES 2005.

S.I. No. 121 of 2005 .

DISTRICT COURT (SMALL CLAIMS (AMENDMENT) RULES 2005.

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 (Small Claims) (Amendment) Rules 2005.

2. These rules shall come into operation on the 18th day of March 2005 and shall be read together with all other District Court rules for the time being in force.

3. Order 53A of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended by the substitution in the definition of “Small claim” in rule 1 thereof for sub-paragraph (3) thereof of the following:

“(3) in relation to a tenancy, by the tenant (not being a body corporate) against the landlord in respect of the non-return of any sum paid by the tenant as rent deposit or any such sum known as “key money”, unless such claim is a dispute that may be referred to the Private Residential Tenancies Board under Part 6 of the Residential Tenancies Act 2004 ”.

Given this 24th day of January, 2005

Peter Smithwick Chairman

Uinsin Mac Gruairc

John P. Brophy

Mary C. Devins

Thomas E. O'Donnell

David Kelly

Noel Rubotham

Elizabeth Hughes Secretary

I concur in the making of the foregoing rules dated this 3rd day of March 2005.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

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

These Rules amend Order 53A of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) and provide for the exclusion of claims, which are now required to go before the Residential Tenancies Board, from the small claims procedure.