S.I. No. 133/2006 - District Court (Housing (Miscellaneous Provisions) Act 1997) Rules, 2006


STATUTORY INSTRUMENTS

S. I. No.133 of 2006

District Court (Housing (Miscellaneous Provisions) Act 1997) Rules, 2006

SI No.133 of 2006

District Court (Housing (Miscellaneous Provisions) Act 1997) Rules 2006

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 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , 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 (Housing (Miscellaneous Provisions) Act 1997) Rules 2006.

2.   These rules shall come into operation on the 19th day of April 2006 and shall be read together with all other District Court rules for the time being in force.

3.   Order 99A of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended:

(i)      by the substitution for rule 6 of the following:

6.(1)      An application for an interim excluding order or interim site excluding order made under the terms of section 4 of the Act on the occasion of the making of an application for an excluding order or site excluding order or between the making of an application for an excluding order or site excluding order and its determination shall be grounded on the information on oath and in writing of the applicant in the Form 99A.5, Schedule C or on an affidavit sworn by the applicant incorporating the matter in that Form.

(2)          The order of the Court shall be in the Form 99A.6, Schedule C.

(3)          An application for confirmation under paragraph (d) of subsection (3) of section 4 of the Act of an interim excluding order or interim site excluding order made ex parte under the terms of subsection (3) of section 4 of the Act shall be preceded by the issue and service on the respondent by the applicant at least 2 days before the date fixed for such application of a notice in the Form 99A.14, Schedule C. The applicant shall also serve on the respondent the documents referred to in subparagraph (ii) of paragraph (c) of subsection (3) of section 4 of the Act.

(4)          A copy of the notice of application together with a statutory declaration as to service shall be lodged with the Clerk before or at the sitting of the Court on the date for hearing the application.

(5)          Where, on such application, the interim excluding order or interim site excluding order is confirmed, such confirmation shall be indorsed upon the order and signed by the Judge.”

(ii)     by the insertion in sub-rule (1) of rule 7, immediately following paragraph (c), of the following:

(d)    subsection (5) of section 3 of the Act as applied by subsection (2) of section 4 and subsection (9) of section 3A of the Act to vary an interim excluding order”.

(iii)     by the substitution for paragraph (b) of sub-rule (2) of rule 11 of the following:

(b)    Where the Court grants a stay on the operation of an excluding order or site excluding order under this rule, the order granting such stay shall be in the Form 99A.13, Schedule C. Where the Clerk has supplied the copies of the orders as directed by rule 9 of this Order, the Clerk shall also send a copy of the order granting the stay, to the persons referred to, and in the manner directed, by rule 9 of the Order.”

4.   The Forms numbered 99A.1 to 99A.14 inclusive in the Schedule hereto shall be added to the Forms in Schedule C to the District Court Rules 1997 ( S.I. No. 93 of 1997 ), in substitution for the Forms numbered 99A.1 to 99A.13 inclusive in the said Schedule C.

Schedule

Schedule C

O.99A, r. 4(1)

No. 99A.1

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 3

APPLICATION FOR AN EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

TAKE NOTICE that application will be made to the District Court to be held at ............on the ....day of............200....., at ......a.m./p.m. by the applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱a housing authority which has provided a house under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

for an excluding order against you, the respondent pursuant to the provisions of section 3 of the above-mentioned Act,

✱directing you to leave the house at .................. ✱(in the Court District aforesaid) and

✱prohibiting you from entering or being in the vicinity of that house or any other house to be specified in the order of the Court or being in or in the vicinity of any specified area specified in the order of the Court ✱save where conditions specified in the order of the Court are complied with.

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

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

✱ Applicant

✱Solicitor for Applicant

To..........................

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

Respondent

Schedule C

O.99A, r. 4(4)

No. 99A.2

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 3

EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

THE APPLICATION of the above-named applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱a housing authority which has provided a house under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

for an excluding order in relation to the house at .........................in the Court District aforesaid pursuant to the provisions of section 3 of the above-mentioned Act coming, by notice duly served, before the Court on this date and being of opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour;

NOW THE COURT HEREBY

✱DIRECTS you, the respondent to leave the house in respect of which the application was made and

✱PROHIBITS you from entering or being in the vicinity of that house

✱or (here specify any other house)

✱or being in or in the vicinity of (here specify any specified area, being an area one or more of the houses in which are under the control and management of a housing authority)

✱save where the following conditions, which are hereby specified, are complied with, namely:

for the period during which the order is in force;

✱AND FURTHER PROHIBITS you from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the ✱tenant ✱relevant purchaser or other occupant of any house concerned.

This order shall remain in force for a period of..........

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

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

Judge of the District Court

To...................

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

Respondent

Schedule C

O.99A, r. 5(1)

No. 99A.3

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 3A

APPLICATION FOR A SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

TAKE NOTICE that application will be made to the District Court to be held at .............on the .....day of ............20......, at .....a.m./p.m. by the applicant who is

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a site under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000

for a site excluding order against you, the respondent pursuant to the provisions of section 3A of the above-mentioned Act,

✱directing you to leave the site at .................................................✱(in the Court District aforesaid) and

✱prohibiting you from entering or being in the vicinity of that site or any other site to be specified in the order of the Court or being on or being in or in the vicinity of any site specified in the order of the Court ✱save where conditions specified in the order of the Court are complied with.

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

✱Applicant

✱Solicitor for Applicant

To.........................

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

Respondent

Schedule C

O.99A r. 5(4)

No. 99A.4

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 3A

SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

THE APPLICATION of the above named applicant who is

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a site under the Housing Acts 1966 to 2002, or Part V of the Planning and Development Act 2000

for a site excluding order in relation to the site at .............................in the Court District aforesaid pursuant to the provisions of section 3A of the above-mentioned Act coming, by notice duly served, before the Court on this date and being of opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour

NOW THE COURT HEREBY

✱DIRECTS you, the respondent to leave the site in respect of which the application was made

and

✱PROHIBITS you from entering or being in the vicinity of that site

✱or (here specify any other site)

✱or being on or being in or in the vicinity of (here specify site) for the period during which the order is in force

✱save where the following conditions, which are hereby specified, are complied with, namely:

✱AND FURTHER PROHIBITS you from causing or attempting to cause any intimidation, coercion, harassment, or obstruction of, threat to, or interference with the said authorised person or other occupant of any site concerned.

✱REQUIRES you, within the period of ......from the date of this order, to remove any caravan owned and occupied by you from the site in respect of which the application was made.

✱PERMITS you to remove any caravan owned and occupied by you from the site in respect of which the application was made, on the following conditions, namely;

This order shall remain in force for a period of ..............

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

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

Judge of the District Court

To ......................

of........................., Respondent

Schedule C

O.99A r. 6(2)

No. 99A.5

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 4

INFORMATION

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

The information of the above-named applicant of ............................ who is

✱the tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱an officer of a housing authority which has provided a house or site under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000

who says on oath:-

On the ...... day of ................20...., I caused a notice for hearing at ............District Court on the ..........day of .................... 20...., at .....a.m./p.m. to be issued against the above-named respondent of .................., applying for an ✱excluding order ✱site excluding order against the respondent pursuant to the provisions of section ✱3 ✱3A of the above-mentioned Act of 1997

✱directing the respondent to leave the ✱house ✱site at .............. ✱(in the Court District aforesaid) and

✱prohibiting the respondent from entering or being in the vicinity of that house or any other house to be specified in the order of the Court or being in or in the vicinity of any specified area specified in the order of the Court ✱save where conditions specified in the order of the Court are complied with

✱prohibiting the respondent from entering or being in the vicinity of that site or any other site to be specified in the order of the Court or being on or being in or in the vicinity of any site specified in the order of the Court ✱save where conditions specified in the order of the Court are complied with

on the grounds that:-

and I say that there is an immediate risk of significant harm to ✱me ✱the tenant ✱the relevant purchaser ✱an authorised person, namely........... ✱or other occupant of the ✱house ✱site if the order is not made immediately.

My grounds for believing that there is an immediate risk of significant harm to ✱me ✱the tenant ✱the relevant purchaser ✱the said authorised person ✱or other occupant of the ✱house ✱site if the order is not made immediately are as follows:

And I therefore request the Court to make

✱an interim excluding order under the terms of section 4 of the above-mentioned Act of 1997 against the respondent concerning the said house.

✱an interim site excluding order under the terms of section 4 of the above-mentioned Act of 1997 against the respondent concerning the said site.

Signed ....................................

Informant

Sworn before me this ...... day of .............................. 20....

Signed ............................................

Judge of the District Court

Schedule C

O.99A r. 6(4)

No. 99A.6

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 4

✱INTERIM EXCLUDING ORDER ✱INTERIM SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

Where order made ex parte

WHEREAS the applicant above-named of ........................... who is

✱the tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a ✱house ✱site under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000

✱has issued a notice of application for an ✱excluding order ✱site excluding order under the provisions of section 4 of the above-mentioned Act

†the Court, having regard to the circumstances of the particular case, considers it necessary or expedient in the interests of justice to make this order ex parte

AND WHEREAS the Court, on

✱(1) the information on oath and in writing of the applicant

✱(2) the affidavit of the applicant

is of opinion that there is an immediate risk of significant harm to ✱the applicant ✱the tenant ✱the relevant purchaser ✱an authorised person, namely ...................✱or other occupant of the ✱house ✱site if this order is not made immediately

NOW THE COURT HEREBY

✱DIRECTS YOU, the respondent to leave the ✱house ✱site in respect of which the application was made and

✱PROHIBITS you from entering or being in the vicinity of that house

✱or (here specify any other house

✱or being in or in the vicinity of (here specify any specified area, being an area one or more of the houses in which are under the control and management of a housing authority)

✱save where the following conditions, which are hereby specified, are complied with, namely:

✱PROHIBITS you from entering or being in the vicinity of that site

✱or (here specify any other site)

✱or being on or being in or in the vicinity of (here specify site) for the period during which the order is in force

✱save where the following conditions, which are hereby specified, are complied with, namely:

✱until ......................... ✱until further order of the court;

✱AND FURTHER PROHIBITS you from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the ✱tenant ✱relevant purchaser or other occupant of any house concerned ✱an authorised person, namely,........... or other occupant of any site concerned.

†TAKE NOTICE THAT THIS ORDER SHALL HAVE EFFECT FOR A PERIOD OF [ ] WORKING DAYS ONLY FROM ITS DATE, that is until the...... day of.............20..., unless on application to this Court by the applicant and made on notice to you this order is confirmed within that period by order of the Court.

Application may be made to this Court by you or on your behalf to vary or discharge this order.

There are served on you with this order (or there will as soon as practicable be served on you) a copy of the ✱information ✱Affidavit grounding the application for this order.

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

Signed ...........................................

Judge of the District Court

To ......................

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

Respondent

WARNING

A respondent who contravenes this order shall be guilty of an offence and may be arrested without warrant by a member of the Garda Síochána, and on conviction for such an offence may be fined €1,904.61 or be sentenced to twelve months imprisonment or be both fined and imprisoned.

A copy of this order is being sent to Garda Síochána Station

At ....................................................................................................................................................

Schedule C

O. 99A r. 7(1)

No. 99A.7

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section ✱3(5) ✱4(2) ✱3A(5)

APPLICATION TO VARY ✱AN INTERIM EXCLUDING ORDER ✱AN INTERIM SITE EXCLUDING ORDER ✱AN EXCLUDING ORDER ✱A SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

TAKE NOTICE that the application will be made to the District Court to be held at ................ on the ............ day of ................. 20...., at ............... a.m./p.m. by the applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a ✱house ✱site under the Housing Acts, 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

✱the respondent to the ✱interim ✱excluding ✱site excluding order

to have the ✱interim excluding order ✱interim site excluding order ✱excluding order ✱site excluding order made under the provisions of section ✱3 ✱3A ✱4 of the above-mentioned Act by the District Court at ............on the ......... day of ........... 20..., varied as follows:-

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

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

✱Applicant

✱Solicitor for Applicant

To

of

the respondent to this application

Schedule C

O.99A r. 7(4)

No. 99A.8

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section ✱3(5) ✱4(2)

ORDER VARYING ✱AN INTERIM EXCLUDING ORDER ✱AN INTERIM SITE EXCLUDING ORDER ✱AN EXCLUDING ORDER ✱A SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

THE APPLICATION of the above named applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a ✱house ✱site under the Housing Acts, 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

✱the respondent to the ✱interim ✱excluding ✱site excluding order

to have the ✱interim excluding order ✱interim site excluding order ✱excluding order ✱site excluding order made under the provisions of section ✱3 ✱3A ✱4 of the above mentioned Act by the District Court at ...........on .....the day of ...........20..., varied coming by notice duly served before the Court on this date, THE COURT, having considered the evidence tendered and considering it appropriate to do so HEREBY VARIES the order as follows:-

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

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

Judge of the District Court

Schedule C

O.99A r. 8(1)

No. 99A.9

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

Section 9

APPLICATION TO DISCHARGE ✱AN INTERIM EXCLUDING ORDER ✱AN INTERIM SITE EXCLUDING ORDER ✱AN EXCLUDING ORDER ✱A SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

TAKE NOTICE that the application will be made to the District Court to be held at on the ................day of .............. 20...., at ............... a.m./p.m. by the applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a ✱house ✱site under the Housing Acts, 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

✱the respondent to the ✱interim ✱excluding ✱site excluding order

to have the ✱interim excluding order ✱interim site excluding order ✱excluding order ✱site excluding order made under the provisions of section ✱3 ✱3A ✱4 of the above-mentioned Act by the District Court at ............... on the ............. day of ...............20..., discharged.

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

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

✱Applicant

✱Solicitor for Applicant

To ................................

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

the respondent to this application

Schedule C

O.99A r. 8(1)

No. 99A.10

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 9

ORDER DISCHARGING ✱AN INTERIM EXCLUDING ORDER ✱AN INTERIM SITE EXCLUDING ORDER ✱AN EXCLUDING ORDER ✱A SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

THE APPLICATION of the above-named applicant who is

✱a tenant of a house let him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a house under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

✱the respondent to the ✱interim ✱excluding ✱site excluding order

to have the ✱interim excluding order ✱interim site excluding order ✱excluding order ✱site excluding order made under the provisions of section ✱3 ✱3A ✱4 of the above-mentioned Act by the District Court at............ on the........ day of ................... 20...., discharged, coming by notice duly served before the Court on this date, THE COURT, having considered the evidence tendered and being of opinion that, in all the circumstances, it is appropriate to do so

HEREBY ORDERS that the ✱interim excluding order ✱interim site excluding order ✱excluding order ✱site excluding order be discharged.

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

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

Judge of the District Court

Schedule C

O.99A r.10

No.99A.11

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

NOTICE THAT ✱INTERIM EXCLUDING ORDER ✱INTERIM SITE EXCLUDING ORDER HAS CEASED TO HAVE EFFECT

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

TAKE NOTICE that the interim ✱excluding✱ site excluding order made in the above matter .............. on the ..............day of .....................20..., has now ceased to have effect.

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

Signed ...................................................

District Court Clerk

To the member in charge of the Garda Síochána Station at ............................

 

Schedule C

O.99A r. 11(2)(a)

No. 99A.12

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

APPLICATION FOR A STAY ON THE OPERATION OF AN ✱EXCLUDING ORDER ✱A SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

TAKE NOTICE that the applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a ✱house ✱site under the Housing Acts, 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

✱the respondent to the ✱excluding order ✱site excluding order

will apply at the sitting of the District Court at ................ on the ............day of .............. 20..., for a stay on the operation of the ✱excluding order ✱site excluding order made on the .......day of ....................................20... under the terms of section 8 of the above-mentioned Act.

This .............day of.................20....

Signed ........................................

✱Solicitor for ✱Applicant ✱Respondent

To............................

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

✱applicant ✱respondent

Schedule C

O.99A r. 11(2)(b)

No. 99A.13

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

ORDER STAYING OPERATION OF ✱AN EXCLUDING ORDER ✱A SITE EXCLUDING ORDER

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

THE APPLICATION of the above-named applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a ✱house ✱site under the Housing Acts, 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

✱the respondent to the ✱excluding order ✱site excluding order

for a stay on the operation of the ✱excluding order ✱site excluding order made on the .........day of .................... 20........ under the terms of section 8 of the above-mentioned Act coming by notice duly served before the Court on this date;

THE COURT, having considered the evidence tendered,

HEREBY ORDERS a stay on the operation of the said ✱excluding order ✱site excluding order pending the appeal lodged ✱subject to the following terms:-

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

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

Judge of the District Court

Schedule C

O.99A r. 6(3)

No. 99A.14

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT 1997

Section 4(3)(d)

APPLICATION TO CONFIRM AN ✱INTERIM EXCLUDING ✱ INTERIM SITE EXCLUDING ORDER MADE EX PARTE

✱District Court Area of

✱District No.

✱Dublin Metropolitan District

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

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

✱ Delete where inapplicable

TAKE NOTICE that the application will be made to the District Court to be held at ...............on the ...............day of .............. 20..., at ............... a.m./p.m. by the applicant who is

✱a tenant of a house let to him/her by a housing authority

✱a relevant purchaser, within the meaning of section 1 of the Housing (Miscellaneous Provisions) Act 1997 (as amended), of a house

✱an authorised person, within the meaning of section 3A(1) of the above-mentioned Act of 1997

✱a housing authority which has provided a ✱house ✱site under the Housing Acts, 1966 to 2002 or Part V of the Planning and Development Act 2000 ,

to have the ✱interim excluding order ✱interim site excluding order made ex parte under the provisions of section 4 of the above-mentioned Act by the District Court at ............. on the ................day of ............... 20..., confirmed.

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

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

✱Applicant

✱Solicitor for Applicant

To ................................

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

Respondent

Given this 20th day of February 2006

Uinsin Mac Gruairc

 

John P Brophy

 

Mary C Devins

 

Thomas E O'Donnell

 

Fiona Twomey

 

Noel A Doherty

 

Elizabeth Hughes

Secretary

I concur in the making of the foregoing rules

Dated this 22nd day of March 2006

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

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

These Rules amend Order 99A to cover amendments made by section 197 of the Residential Tenancies Act 2004 .