SI No.263 of 2006

District Court (Employment Equality Act 1998) Rules 2006

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the section 72 of the section 34 of the 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 (Employment Equality Act 1998) Rules 2006.

2        These rules shall come into operation on the 20^th day of June 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 Order 99A of the following:

-�

ORDER 99B

Employment Equality Act 1998 and Equal Status Act 2000

1        In this Order:

-�the Act-� means the Employment Equality Act 1998 (No 21 of 1998);

-�the Act of 2000-� means the Equal Status Act 2000 (No 8 of 2000);

-�the Authority-� means the Equality Authority as described in section 38 of the Act.

2        Proceedings under section 63 of the Act may be heard and determined before any sitting of the Court for the court area wherein the person served with the non-discrimination notice appealed from ordinarily resides or carries on any profession, business or occupation. Proceedings under section 71 of the Act may be heard and determined before any sitting of the Court for the court area wherein the person served with the substantive notice appealed from ordinarily resides or carries on any profession, business or occupation.

3        Notice of an appeal under section 63(6) or section 71(6) of the Act shall be the Form 99B.1, Schedule C, signed by the appellant or his solicitor. A copy of the notice appealed from shall be attached to the notice of appeal. A copy of the notice of appeal shall be served upon the Authority, by delivery by hand to the office of the Authority or by prepaid registered post. If served by hand, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice shall be served at least fourteen days before the date of the sitting of the Court to which it is returnable.

4        The original of every notice of appeal, together with a statutory declaration as to the service thereof, shall be lodged with the Clerk at least two days before the date of the sitting of the Court. The Order of the Court hearing the appeal shall be in the Form 99B.2, Schedule C-�.

4        The Forms numbered 99B.1 and 99B.2 in Schedule 1 hereto shall be added to the Forms in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Schedule 1

Schedule C

O. 99B, r. 3

99B.1

EMPLOYMENT EQUALITY ACT 1998

✱Section 63 ✱Section 71

NOTICE OF APPEAL TO THE DISTRICT COURT

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

..............................Equality Authority............................................Respondent

TAKE NOTICE that the above-named appellant of ..................................................................................... in the court area and district aforesaid will appeal at the sitting of the District Court to be held at..................................................on the.........day of..............200.........at.........a.m/p.m from the notice of the Equality Authority served on the.........day of.............200 at............................................ pursuant to

✱section 63

✱section 71

of the above-mentioned Act, on the following grounds:

Dated this   day of       20

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

Appellant/solicitor for appellant

To the Clerk of the District Court

at.......................................

To The Equality Authority

at.........................

Schedule C

O. 99B, r. 4

No. 99B.2

EMPLOYMENT EQUALITY ACT 1998

✱Section 63 ✱Section 71

ORDER

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

..............................Equality Authority............................................Respondent

UPON THE HEARING by the Court on the...........day of..................20..........of an appeal by the above-named appellant of.................................................................. .................. in the court area and district aforesaid against the notice of the respondent served on the ...................... day of......................20 ..... pursuant to

✱section 63

✱section 71

of the above-mentioned Act

IT IS HEREBY ORDERED THAT

✱The whole of the said notice ✱Part of the said notice, namely............................be confirmed

✱with the following amendment, namely.....................................

✱The appeal be allowed

Dated this   day of      20

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

Judge of the District Court

Given this 20^th day of February 2006

I concur in the making of the foregoing rules

Dated this 23^rd day of May 2006

Michael Mc Dowell

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 add new Order 99B rules which provide the procedure and forms in respect of appeals to the District Court under section 63(6) or 71(6) of the Employment Equality Act 1998 as amended by the Equal Status Act 2000 .