S.I. No. 102/2017 - District Court (Order 40A) Rules 2017.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st March, 2017.

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 , and of all other powers enabling them in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the following rules of court.

Dated this 30th day of January 2017.

Rosemary Horgan Chairperson

Mary C Devins

Brian Sheridan

Conal Gibbons

Anne Watkin

Shane McCarthy

Riobard Pierse

Niall Nolan

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 24th day of March 2017.

FRANCES FITZGERALD,

Minister for Justice and Equality.

S.I. No. 102 of 2017

DISTRICT COURT (ORDER 40A) RULES 2017

1. (1) These Rules, which shall come into operation on the 24th day of April 2017, may be cited as the District Court (Order 40A) Rules 2017.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2017.

2. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended by the substitution for sub-rule (2) of rule 5 of Order 40A of the following sub-rule:

“(2) In any proceedings the bringing of which requires to be authorised in accordance with sections 14, 17, 32, 36 or 49, or rules under section 46(3) of the 2003 Act, the personal injuries summons must contain a statement:

(a) confirming whether or not the proceedings have been authorised by the Personal Injuries Assessment Board,

(b) specifying the section of the 2003 Act or the rule made under section 46(3) of the 2003 Act in accordance with which any such authorisation has been issued, and

(c) citing the date of issue of the authorisation and any reference or record number relating to any such authorisation.”

EXPLANATORY NOTE

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

These rules amend Order 40A rule 5(2) the District Court Rules 1997 ( S.I. No. 93 of 1997 ).