S.I. No. 209/2006 - District Court (Safety, Health and Welfare at Work Act 2005) Rules 2006

SI No.209 of 2006

District Court (Safety, Health and Welfare at Work Act 2005) 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 (Safety, Health and Welfare at Work Act 2005) Rules 2006.

2. These rules shall come into operation on the 22^nd day of May 2006 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 rule 4 of Order 100 of the following rule:

“5. (1) In this rule-

the “Act of 2005” means the Safety Health and Welfare at Work Act 2005 (No. 10 of 2005).

(2) Where an appeal has been brought in the manner prescribed under -

(a) section 66(7) of the Act of 2005 against an improvement notice,

(b) section 67(7) of the Act of 2005 against a prohibition notice, or

(c) section 72(3) of the Act of 2005 against an information notice,

an order of the Court made on such application shall be in the Form 100.3, Schedule D and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the said order.

(3) Where an application has been brought in the manner prescribed under section 67(6) of the Act of 2005 for the suspension of a prohibition notice, an order of the Court made on such application directing that the operation of a prohibition notice be suspended shall be in the Form 100.4, Schedule D and the applicant shall cause the said order to be served upon the respondent and upon any other person directly affected by the said order.”

4. The Forms in the Schedule hereto shall be added to the Forms in Schedule D to the District Court Rules 1997 ( S.I. No. 93 of 1997 ), immediately following Form 100.2.

SCHEDULE

SCHEDULE D

O. 100, r. 5(2)

Form 100.3

Safety, Health and Welfare at Work Act 2005, section * 66(7)* 67(7)* 72(3)

ORDER ON HEARING AN APPEAL

District Court Area of District No.

District No.

Between

........................................................................................Appellant

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

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

of..............................................................* (the Health and Safety Authority)

* (a person prescribed under section 33 of the above-mentioned Act of 2005)

UPON HEARING AN APPEAL brought before this Court by the above-named appellant, of............................................................... against

* an improvement notice which was served on him under section 66(1)

* a prohibition notice which was served on him under section 67(1)

* an information notice which was served on him under section 72(1)

of the above-mentioned Act by the above-named respondent, of ......................... on the .....day of ............... 20...at .................. in the court (area and) district aforesaid

THE COURT

BEING SATISFIED that notice of the said appeal has been duly served, and

HAVING HEARD THE EVIDENCE tendered by or on behalf of * the appellant, * the respondent, * the Authority, * a person prescribed under section 33 of the Act of 2005

AND BEING SATISFIED that it is reasonable to do so

HEREBY ORDERS

* that the said notice against which the appeal was brought be confirmed,

* that the said notice against which the appeal was brought be confirmed with the following variations:—

* (and on the application of the appellant the Court hereby suspends the operation of the * prohibition notice * information notice for the period of..................)

* that the said notice against which the appeal was brought be cancelled.

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

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

Judge of the District Court

SCHEDULE D

O. 100, r. 5(3)

Form 100.4

Safety, Health and Welfare at Work Act 2005, section 67(6)

ORDER DIRECTING THAT THE OPERATION OF A PROHIBITION NOTICE BE SUSPENDED

District Court Area of District No.

District No.

Between

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

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

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

of..............................................................* (the Health and Safety Authority)

* (a person prescribed under section 33 of the above-mentioned Act of 2005)

UPON HEARING AN APPLICATION made to this Court by the above-named applicant, of ........................................................ under section 67(6) of the above-mentioned Act to have the operation of a prohibition notice which was served on him on the .... day of ...............20 .... at ............................. in the court (area and) district aforesaid suspended until an appeal against that notice is disposed of

THE COURT

BEING SATISFIED that notice of the said appeal has been duly issued and served,

BEING SATISFIED that notice of the within application has been duly served, and

HAVING HEARD THE EVIDENCE tendered by or on behalf of * the applicant, * the respondent, * the Authority, * a person prescribed under section 33 of the Act of 2005

and thinking it proper to do so

HEREBY DIRECTS that the operation of the said prohibition notice be suspended until the said appeal is disposed of.

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

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

Judge of the District Court.

Given this 20^th 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 24^th day of April 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 100 to provide forms of orders in relation to the Safety Health and Welfare at Work Act 2005 .

*Delete if inapplicable.