SI No.396 of 2006

District Court (Warrants of Execution) 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 (Warrants of Execution) Rules 2006.

2.   These rules shall come into operation on the 25^th day of August 2006 and shall be read together with all other District Court rules for the time being in force.

3.   The Form numbered 47.9 annexed 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 Form numbered 47.9 in the said Schedule C.

No. 47.9

Schedule C

O.47, r.14

WARRANT OF EXECUTION

(For Delivery of Possession of Premises)

^* Dublin Metropolitan District

....................................................................................................................................... Plaintiff

..................................................................................................................................... Defendant

WHEREAS a complaint has been made that the Defendant failed or refused to quit and deliver up to the Plaintiff (on determination of the tenancy) (on demand made by the Plaintiff) the possession of ALL THAT AND THOSE situated at ................................................................................................................................ in the said court area and district (or that the rent of a cottier tenement was in arrear for forty days).

(insert here the particulars of the Defendant's tenancy or possession of the premises, for example, which he/she holds from the Plaintiff, the landlord thereof, as a monthly (or weekly) tenant at a rent of .................................................................... by the month (or week), in a town or village where a fair or market is usually held, or into possession of which he/she has been put by permission of the owner as caretaker; insert also particulars of the means by which the Defendant's tenancy or possession of the premises was ended, for example, the due determination of the tenancy by legal notice to quit, or demand made by the owner or his/her agent).

AND WHEREAS proof of the said (holding, or permissive possession), and of its end or determination, and of the time and manner thereof, has been duly made, and the Defendant still neglects or refuses to deliver up the possession of the said premises, and has failed to show to the satisfaction of the Court reasonable cause why possession should not be given:

An Order was made on the ..... day of .................. 20...... by the Court against the Defendant...............................of ................................................................. to deliver up possession of the said premises within the period of ...................................

AND WHEREAS the said Order has not been complied with:

This is to require and authorise you to whom this Warrant is addressed to execute the said Order against the Defendant as follows:-

To enter upon and give possession of the said premises to the Plaintiff or his/her agent within one month from the date of this warrant.

And for this the present Warrant shall be a sufficient authority to all whom it may concern.

Dated this    day of                       20

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

Judge of the District Court

To

of

and his/her Assistants.

Given this 10^th day of July 2006

I concur in the making of the foregoing rules

Dated this 28^th day of July 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 Form. 47.9 by replacing the words -�in not less than one month-� with -�within one month-� which removes any ambiguity and reflects the wording of the relevant statute.

^* Delete words inapplicable

^* Delete words inapplicable

^* Delete words inapplicable