S.I. No. 215/1995:

CIRCUIT COURT RULES (NO. 1), 1995.

CIRCUIT COURT RULES (NO. 1), 1995.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of Section 69 of the Courts of Justice Act, 1936 , and Section 12 of the Courts of Justice Act, 1947 , by virtue of the powers conferred on us by Section 66 of the Courts of Justice Act, 1924 , and Section 70 of the Courts of Justice Act, 1936 , (as applied by Section 48 of the Courts (Supplemental Provisions) Act, 1961 , and Section 27 of the Courts (Supplemental Provisions) Act, 1961 ), and of all other powers enabling us in this behalf do hereby with the concurrence of the Minister for Justice, make the annexed Rules of Court.

Dated this 31st day of May, 1995.

(Signed): FRANK SPAIN

(Chairman of the Circuit Court Rules Committee)

MICHAEL A. MORIARTY

KIERAN O'CONNOR

ANNE DUNNE

FERGAL FOLEY

GERARD J. DOHERTY

JOE DEANE

MICHAEL QUINLAN (Secretary)

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

Dated this 2nd day of August, 1995.

Signed: NORA OWEN,

Minister for Justice.

S.I. No. 215 of 1995.

CIRCUIT COURT RULES (NO. 1), 1995.

1. These Rules may be cited as the Circuit Court Rules (No. 1), 1995 and shall come into operation on the 1st day of October, 1995.

2. The Order referred to in these Rules shall be added to and construed together with those orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 67A.

LOCAL GOVERNMENT (PLANNING AND DEVELOPMENT) ACT, 1992 .

1. In this Order

"the 1992 Act" means the Local Government (Planning and Development) Act, 1992 ;

"the 1976 Act" means the Local Government (Planning and Development) Act, 1976 .

2. All applications made or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as applications made or proceedings taken in accordance with these Rules.

3. An application under this Order shall be brought in the county in which the respondent, or any one of the respondents, ordinarily resides or carries on any profession, business or occupation or where the land or development sought to be affected or any part thereof is situate.

4. ( a ) An application for an order under Section 27 of the 1976 Act, as amended by Section 19 (4) (g) of the 1992 Act, shall be by motion on notice to the person against whom relief is sought, subject to the provisions of Rule 4 (b) hereof.

( b ) An order under Section 27 of the 1976 Act, as amended by Section 19 (4) (g) of the 1992 Act, against a person whose identity is unknown to the applicant; shall be referred to as "an order under Rule 4 (b)", and the person against whom it is granted or sought shall be referred to as "the respondent".

( c ) An applicant for an order under Rule 4 (b) shall, instead of complying with Rule 4 (a), describe the respondent by reference to--

(i) a photograph, or

(ii) any other means whereby the Respondent can be identified, with sufficient particularity to enable service to be effected; and the form of the notice of motion shall be modified accordingly.

( d ) An applicant for an order under Rule 4 (b) shall, in addition to the requirements of Rules 5 and 8 of this Order, include in the affidavit grounding the application and filed in accordance with the provisions of Rule 8 hereof, or shall file a separate affidavit containing, the following averments:

(i) verifying that he was unable to ascertain, within the time reasonably available to him, the respondent's identity;

(ii) setting out the action taken to ascertain the respondent's identity and

(iii) verifying the means by which the respondent has been described in the originating application and that the description is the best that the applicant is able to provide.

( e ) Rule 4 (c) hereof is without prejudice to the power of the Court to make an order for substituted service.

5. The notice of motion shall be entitled in the matter of the Act on the application of the person bringing the application; shall state the relief sought; describe the land or development sought to be affected; shall state the name and place of residence or address for services of the person seeking relief; the date upon which it is proposed to apply to the court for relief; and shall be filed in the Office of the Court for the County in which the application is being brough in accordance with Rule 3 hereof (hereinafter referred to as "the appropriate Office").

6. Subject to the provisions of Rule 4 hereof and without prejudice to the power of the Court to make an order for substituted service, notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose or may dismiss the application.

7. There must be at least ten days between the service of the notice and the day named therein for the hearing of the motion.

8. ( a ) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of the motion under Rule 4 shall be by affidavit.

( b ) Any affidavit to be used in support of the motion shall be filed in the appropriate Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the appropriate Office by the respondent within seven days of the service on him of the applicant's affidavit, and the respondent must within such period serve a copy of any affidavit intended to be used by him on the application.

9. Pending the determination of an application under Section 27 of the 1976 Act, as amended by Section 19 (4) (g) of the 1992 Act, the Court on the application of the applicant or the respondent, by interlocutery order, (or if satisfied that delay might entail irreparable or serious mischief, by interim order on application ex parte) may make any order in the nature of an injunction; and for the detention, preservation or inspection of any property or thing; and for all or any of the purposes aforesaid may authorise any person to enter upon or into any land or building; and for all or any of the purposes aforesaid may authorise any sample to be taken or any observations to be made or experiment to be tried, which it may consider appropriate necessary or expedient.

EXPLANATORY NOTE.

These Rules which come into operation on the 1st day of October, 1995 provide for procedure in relation to making applications to the Circuit Court under Section 27 of the Local Government (Planning and Development) Act, 1976 , as amended by Section 19 (4) (g) of the Local Government (Planning and Development) Act, 1992 .