S.I. No. 93/1997 - District Court Rules, 1997

—all such applications made to it for certificates, licenses, orders, or renewals thereof, and objections to the grant or renewal of such certificates, licences or orders, as are provided for in Orders 63 to 89 of these Rules and are required to be made at the Annual Licensing Court;

—any other application, objection or other matter which is required by statute or by Rules of Court to be made or brought at that court;

and the Judge may adjourn any such court from time to time as circumstances may deem it necessary.

ORDER 82

REGISTER OF LICENCES

1. The Clerk shall keep a book which shall be known as the Register of Licences (Form 82.1 Schedule C) and shall enter or cause to be entered in such Register particulars of all licences for the sale of intoxicating liquors existing in respect of premises situate within the court area and of all renewals, transfers and other proceedings affecting the said licences or any of them and shall retain all maps, plans or other documents lodged which relate to such licences or premises.

Notice of particulars of licensed premises

2. Every holder of such licence shall, within ten days after having obtained same, deliver or cause to be delivered to the Clerk a note in writing (Form 82.2 Schedule C) signed by the holder, setting forth the holders full name and address and description and location of the house or premises in which intoxicating liquors are licensed to be sold and the full name and address of the owner of the said house or premises in accordance with the provisions of section 10 of the Licensing (Ireland) Act, 1833 , as amended.

ORDER 83

REGISTRATION OF CLUBS AND GRANTING OF CLUB AUTHORISATIONS

Definitions

1. In this Order

"the Act" means the Registration of Clubs (Ireland) Act, 1904 (4 Edw. 7. Ch. 9);

"the Act of 1924" means the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924);

"the Act of 1927" means the Intoxicating Liquor Act, 1927 (No. 15 of 1927);

"the Act of 1962" means the Intoxicating Liquor Act, 1962 (No. 21 of 1962);

"the Act of 1988" means the Intoxicating Liquor Act, 1988 (No. 16 of 1988);

"licensing year" means a period of twelve months ending on the thirtieth day of September in any year;

"registered club" means a club holding a certificate of registration in force at the time.

Registrar of Clubs

2. (1) For the purposes of the Act the Registrar of Clubs (otherwise referred to herein as the registrar) shall be the Clerk for the court area wherein the club premises concerned are situated.

— to keep a register

• (2) Every such Registrar of Clubs shall keep a register in which shall be entered the name of each club situate within his or her court area to which a certificate of registration is granted under the provisions of the Act and, where appropriate, the further particulars required by the Act.

Application for certificate of registration

Lodgment with registrar Registrar — to notify Garda Supt.

3. (1) Where the secretary of a club desiring an original certificate of registration lodges with the registrar, pursuant to subsection (1) of section 2 of the Act, the documents mentioned in that subsection, the registrar shall forthwith give notice of such application to the superintendent of the Garda Síochána in like manner as prescribed in rule 4 (6) hereof in the case of an application for the renewal of such a certificate.

— to transmit file to Co. Registrar

• (2) After the expiration of ten days from the date of the said lodgment the registrar shall transmit the documents to the appropriate County Registrar, together with any notice of objection to the grant of the certificate and any newspaper containing notice of the application, which were lodged with him or her.

When granted — to record particulars and issue certificate

• (3) Upon the return of the file together with notification from the County Registrar of the granting of the application the registrar shall enter in the register of clubs the particulars required by section 1 (1) of the Act, and shall thereupon issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Renewal of certificates, Objections thereto

Renewal application to registrar

4. (1) An application by the secretary of a club for a renewal of the certificate of registration shall be in the Form 83.1, Schedule C, and shall be made to the Registrar of Clubs, for hearing at the Annual Licensing Court for the court area wherein the club is situated, not later than twenty-one days prior to the date of such Annual Licensing Court.

Newspaper notice

• (2) The applicant shall also publish the notice of such application once in a daily newspaper circulating in the locality and shall, when the notice has been published, lodge a copy of the newspaper with the registrar.

Documents to accompany application

• (3) Such application for renewal shall be accompanied by—

( a ) two copies of the rules of the club,

( b ) a list containing the names and addresses of the officials and committee of management or governing body and the names of the members, and

( c ) a certificate in the Form 83.2, Schedule C, signed by two Peace Commissioners for the district in which the club premises are situated, and where such premises are not owned by the club, the certificate shall be signed by the owner of such premises or, where the owner is under any legal disability, by the legal representative of the owner.

The application form shall be stamped to confirm payment of the appropriate court fee (if any) required by law to be paid in respect of such application.

Club rules qualifying for registration

• (4) In order that a club may be eligible to be registered under the Registration of Clubs Acts, 1904 to 1988 the rules of the club shall comply with the requirements of

—section 4 of the Act, as amended by section 42 of the Act of 1988, and

—section 56 (which relates to prohibited hours for the supplying for consumption on club premises of excisable liquor) of the Act of 1927 (as substituted by section 26 of the Act of 1988).

Applicant to notify Fire Authority

• (5) The provisions of section 24 of the Fire Services Act, 1981 (No. 30 of 1981) shall apply to every such application.

Registrar to notify Garda Supt.

• (6) The registrar shall forthwith give notice of such application, in the Form 83. 3, Schedule C, together with a copy of the rules of the club, to the superintendent of the Garda Síochána for the Garda district in which the club, the subject of the application, is situated.

Certificate of registration

5. Where no objections to the renewal of the certificate are taken and the Court grants the application, the Registrar of Clubs shall make the entries required by the Act in the register of Clubs and thereupon shall issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Late application

6. A club failing to make application for renewal of a certificate of registration by the date at or previous to which such application must in the terms of the Act be made shall not be granted such renewal unless the Court is satisfied that such failure was due to inadvertence.

Objections to grant or renewal of certificate

7. (1) It shall be competent for the superintendent of the Garda Síochána on receiving notice of an application given as aforesaid, and for any person resident in the parish in which the club premises are situated, to lodge objections to the grant of the certificate on any of the grounds of objection specified in the Act, and it shall be competent for any person to lodge objections to the renewal of the certificate on any such grounds.

• (2) The Court shall not consider any objection to the renewal of a certificate unless it is taken upon one or more of the grounds specified in

— section 5 of the Act, as amended by section 42 (1) of the Act of 1988 or

— section 24 (2) of the Act of 1924.

— notice of

• (3) An objection to the grant or renewal of a certificate of registration of a club shall be by notice in the Form 83.5, Schedule C, signed by the objector or solicitor for the objector, and shall be lodged with the registrar within ten days of the receipt or publication of notice of the application, and at the same time a copy of such notice of objection shall be sent to the secretary of the club applying for the grant of renewal of the certificate. When the superintendent of the Garda Síochána is not an objector, the registrar shall give notice of the lodgment of the objection or objections to the said superintendent.

— listing of

• (4) In the case of an application for the renewal of a certificate, the registrar shall list and enter the notice of objection for the Annual Licensing Court before which the application is due to be heard, and where the Court adjourns the proceedings to a date for hearing, the registrar shall by notice in the Form 83.6, Schedule C inform the parties of the place, date and time fixed for the hearing.

When granted registrar to record particulars and issue certificate

• (5) If, upon hearing the application and the objection, the Court grants the application, the Registrar of Clubs shall make the entries required by the Act in the register of clubs and thereupon shall issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Duration of certificate

8. (1) A certificate of registration duly issued by a Registrar of Clubs under the Registration of Clubs Acts, 1904 to 1988 shall, as provided in section 3 (3) of the Act (as amended by the first schedule to the Courts (No. 2) Act, 1986 — No. 26 of 1986), and subject to the other provisions of the Act, remain in force until the Annual Licensing Court for the court area wherein the club premises are situated held next after the grant of the application for such certificate, and shall then expire.

— extension pending Court's decision

• (2) Notwithstanding the provisions of the Act as to the duration of certifcates, where a renewal has been applied for the current certificate shall remain in force pending the final decision of the Court, but not exceeding three months unless the Court shall in its discretion extend such time to a further period not exceeding three months.

New clubs, clubs ceasing to be registered — notice to Revenue Commissioners

9. Every Registrar of Clubs shall, in compliance with the requirements of section 48 (6) of the Finance (1909-10) Act, 1910 , send notice to the Revenue Commissioners of the entry of any new club and of any case in which a club ceases to be registered, upon the register of clubs kept by him or her.

Club Authorisations

Venue

10. (1) An application by the secretary of a registered club for an authorisation pursuant to section 21 (1) of the Intoxicating Liquor (General) Act, 1924 as amended by section 8 of the Act of 1962, may be made at any sitting of the Court for the court area in which the club premises for which the authorisation is sought are situated.

Service and lodgment of notice

• (2) Notice of the application shall be served upon the superintendent of the Garda Síochána within whose district the club premises are situated at least forty-eight hours prior to the date of hearing of the application, and a copy thereof shall at the same time be lodged with the Registrar of Clubs.

Order of Court

• (3) Where the application is granted, the authorisation shall be in accordance with Form 83.7, Schedule C.

Not more than 15 per year

• (4) Not more than fifteen such authorisations shall be granted to any club in any licensing year.

Authorisations for special events

Venue

11. (1) An application by the secretary of a registered club for an authorisation pursuant to section 14 (1) of the Act of 1962 may be made at any sitting of the Court for the court area in which the club premises for which the authorisation is sought are situated.

Service and lodgment of notice

• (2) Notice of the application shall be served upon the superintendent of the Garda Síochana within whose district the club premises are situated at least forty-eight hours prior to the date of hearing of the application, and a copy thereof shall at the same time be lodged with the Registrar of Clubs.

Order of

• (3) Where the application is granted, the authorisation shall be in accordance with Form 83.8, Schedule C.

ORDER 84

CHILD CARE

Definitions

1. In this Order:

"the Act" means the Child Care Act, 1991 (No. 17 of 1991);

"child" means a person under the age of eighteen years other than a person who is or has been married;

"health board" means a health board established under the Health Act, 1970 (No. 1 of 1970);

"parents" has the meaning assigned to it in section 2 (1) of the Act.

Hearings

2. (1) Proceedings under Part III, IV or VI of the Act shall be heard otherwise than in public and only officers of the Court, the parties and their legal representatives, witnesses and such other persons as the Judge in his or her discretion may allow, shall be permitted to be present at the hearing.

• (2) The Judge may, if he or she thinks it proper to do so, order any witness who is not a party to the proceedings to leave court either until his or her evidence is required or after his or her evidence has been given.

• (3) Proceedings in the Court under Part III, IV or VI of the Act shall be as informal as is practicable and consistent with the administration of justice. Neither Judges hearing and determining such proceedings not barristers nor solicitors appearing in such proceedings shall wear wigs or gowns.

Service of documents

3. (1) A document required by these Rules to be served shall, subject to paragraphs (2) and (3) hereof, be served upon the person to whom it is directed—

( a ) by delivering to him or her a copy thereof or,

( b ) if he or she cannot be conveniently met with, by leaving a copy thereof for him or her at his or her last known residence or most usual place of abode with any relative of such person who is not less than sixteen years of age and who is believed to reside there with him or her, or by leaving it with the person in charge of the house or premises of such residence or abode, or,

( c ) by leaving a copy thereof for him or her at his or her place of business with any agent, clerk, employee or servant of such person who is not less than sixteen years of age, or

( d ) by sending a copy thereof by ordinary prepaid post in an envelope addressed to him or her at his or her last known residence or most usual place of abode or at his or her place of business.

• (2) A document shall be served upon a health board or other statutory board or body or upon an unincorporated society by leaving a copy thereof with any employee of that board, body or society at its principal office or by sending such copy by ordinary prepaid post in an envelope addressed to the board, body or society at such principal office.

• (3) The Court may, if for special reason in any particular case it considers it proper to do so, deem the service actually effected to be good and sufficient service, even though it was not effected in accordance with the provisions of this Order.

Lodgment for hearing

4. When a notice of application, summons or notice of appeal issued under this Order has been served, the original notice or summons, together with a statutory declaration as to service thereof, shall be lodged forthwith with the Clerk for entry for hearing.

Proceedings under Part III of the Act

Emergency care order

5. (1) An application by a health board under section 12 (4) or 13 (1) of the Act for an emergency care order shall be preceded by the issue and service of a notice in the Form 84.1 or 84.2 Schedule C , as the case may be, upon the respondent, i.e. the parent having custody of the child or a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application.

• (2) Where, however, the Judge is satisfied that the urgency of the matter so requires, an application for an emergency care order may be—

( a ) made ex parte, subject to the lodgment with the Clerk of the notice of application (Form 84.1 or 84.2 Schedule C, as the case may be) duly completed;

( b ) heard and an order may be made thereon elsewhere than at a public sitting of the Court.

Venue

6. (1) An emergency care order made under section 13 (1) of the Act shall be made by the Judge for the district in which the child resides or is for the time being. Where, however, such Judge is not immediately available, the order may be made by any judge of the District Court.

• (2) An emergency care order shall be in the Form 84.3 or 84.4 Schedule C, as he case may be, and the applicant shall cause a copy thereof to be served upon a parent having custody of the child or, as the case may be, upon a person acting in loco parentis.

• (3) A warrant issued under section 13 (3) of the Act for the purpose of executing such an Order shall be in the Form 84.5 Schedule C.

• (4) An appeal from an emergency care order shall not stay the operation of the order.

Directions under section 13 (7)

7. (1) Where, otherwise than at the hearing of an application for an emergency care order, application is made under section 13 (7) of the Act for the Judge's directions, such application shall be preceded by the issue and service of a notice in the Form 84.6 Schedule C upon the health board, the parents of the child or either of them, a person acting in loco parentis, or any other person, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application An order giving directions on such application shall be in the Form 84.7, Schedule C which shall be served upon each person directly affected by the Order.

• (2) An application to vary or discharge a direction given under the said section 13 (7) (a) shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.8. Schedule C The order of the Court on granting the application shall be in the Form 84.9 Schedule C; which shall be served as prescribed in the said paragraph (1).

8. It shall not be necessary in any notice or application under section 13 of the Act or in any order made under that section to name the child if such name is unknown.

Proceedings Under Part IV of the Act

Interim care order

9. (1) An application by a health board under section 17 (1) of the Act for an interim care order shall, except where the Judge directs under subsection (3) of that section, be preceded by the issue and service of a notice in the Form 84.10 Schedule C upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least two days prior to the date fixed for hearing the application. An interim care order made on such application shall be in the Form 84.11 Schedule C and the applicant shall cause the said order to be served upon the respondent and any other person directly affected by the Order.

• (2) A warrant issued under section 35 of the Act (and as prescribed in Rule 27 hereof) for the purpose of executing an interim care order shall be in the Form 84.43 Schedule C.

• (3) An application under section 17 (2) of the Act for an extension of the period of an interim care order shall, except where the Judge otherwise directs under subsection (3) of that section, be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.12 Schedule C. The order granting the extension shall be in the Form 84.13 Schedule C and may, where appropriate, be added to or endorsed on the interim care order.

Care Order

10. (1) An application by a health board under section 18 (1 ) of the Act for a care order in respect of a child who resides or is found in its area shall be preceded by the issue and service of a notice in the Form 84.14 Schedule C, upon the respondent, i.e. a parent having custody of the child or, as the case may be, a person acting in loco parentis. Such notice shall be served at least seven days prior to the date fixed for hearing the application.

— service

• (2) A care order made on such application shall be in the Form 84.15 Schedule C, and the applicant shall cause the said Order to be served upon the respondent.

— warrant

• (3) A warrant issued under section 35 of the Act (and as prescribed in Rule 27 hereof) for the purpose of executing a care order shall be in the Form 84.43 Schedule C.

Extension of Care Order

11. An application under section 18 (2) of the Act to extend the operation of a care order shall be preceded by the issue and service of a notice in the Form 84.16 Schedule C, upon the respondent at least seven days prior to the date fixed for hearing the application. The order granting the application shall be in the Form 84.17 Schedule C, and may, where appropriate, be added to or endorsed on the care order.

Supervision Order

12. Where, on an application for a care order, the Court makes a supervision order (as provided for in section 18 (5) of the Act) the order of the Court shall be in the Form 18 and the applicant shall cause the said order to be served upon the respondent.

Directions pending Care Order

13. An application under section 18 (6) of the Act for the Court's directions as to the care and custody of a child pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 84.19 Schedule C, upon the respondent, i.e. the health board, the parent having custody of the child, the person acting in loco parentis, as appropriate. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.20 Schedule C, and shall be served on each party and any other person affected directly by the order.

Supervision Order Pending Care Order

14. An application under section 18 (6) of the Act for a supervision order pending the determination of an application for a care order shall, unless made viva voce at the hearing of the latter application, be preceded by the issue and service of a notice in the Form 84.21 Schedule C, at least two days prior to the date fixed for hearing the application. The order of the Court granting such application for a supervision order shall be in the Form 84.22 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Contribution by parent

15. (1) Where, in addition to making a care order, the Court makes an order under section 18 (7) of the Act requiring the parent or parents of a child to contribute towards his or her maintenance, such contribution order shall be in the Form 84.23 Schedule C, and the applicant health board shall cause the said order to be served upon the said parent or parents.

• (2) An application under section 18 (8) of the Act to vary or discharge a contribution order shall be preceded by the issue and service of a notice in the Form 84.24 Schedule C, upon the respondent. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.25 Schedule C, and shall be served upon the parent required to contribute.

Supervision Order

16. (1) An application by a health board under section 19 (1) of the Act for a supervision order with respect to a child who resides in its area shall be preceded by the issue and service of a notice in the Form 84.26 Schedule C, upon the respondent or respondents, i.e. the parents of the child or, as the case may be, the parent having custody of the child or a person acting in loco parentis. Such notice shall be served at least seven days prior to the date fixed for hearing the application.

• (2) A supervision order made on such application shall be in the Form 84.27 Schedule C, and the applicant health board shall cause the said order to be served upon each respondent.

Directions as to visits

17. An application under section 19 (3) of the Act for the Court's directions as to the manner in which a child is to be visited shall be preceded by the issue and service of a notice in the Form 84.28 Schedule C, upon the respondent health board at least seven days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.29 Schedule C, and shall be served upon each of the parties.

Further directions

18. An application by a health board under section 19 (4) of the Act, made during the currency of a supervision order, for the Court's directions as to the care of the child shall be preceded by the issue and service of a notice in the Form 84.30 Schedule C, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court giving such directions shall be in the Form 84.31 Schedule C, and the applicant shall cause the said order to be served upon each respondent.

Investigations under section 20 (1)

19. (1) Where, under section 20 (1) of the Act, the Court adjourns proceedings and directs a health board to undertake an investigation of a child's circumstances, if the board is not a party to those proceedings, the Clerk shall as soon as possible notify the board (in the Form 84.32 Schedule C,) of the Court's decision.

• (2) Where, upon so adjourning, the Court gives directions under section 20 (2) of the Act as to the care and custody of the child or makes a supervision order in respect of the child pending the outcome of the investigation by the health board—

( a ) an order of the Court giving such directions shall be in the Form 84.33 Schedule C.

( b ) any such supervision order shall be in the Form 84.34, Schedule C,

and the order shall be served upon each person directly affected thereby.

Vary or discharge care order

20. An application under section 22 of the Act—

( a ) to vary or discharge a care order or any condition or direction attaching to such order or to discharge the care order and make a supervision order, or

( b ) to vary or discharge a supervision order or any condition or direction attaching to such order,

shall be preceded by the issue and service of a notice in the Form 84.35, 84.36 or 84.37 Schedule C, as the case may be, upon the respondent or respondents. Such notice shall be served at least seven days prior to the date fixed for hearing the application. The order of the Court granting such application shall be in the Form 84.38, 84.39 or 84.40 Schedule C, as the case may be, and shall be served upon each person directly affected thereby.

Effect of appeals

21. An appeal from an order made by the Court under Part IV of the Act shall, if the Court or the Court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the Court making the determination.

Applications etc. under Part V of the Act

Requests for reports

22. (1) Where, other than during the hearing of the proceedings, application is made by any of the parties for an order under section 27 (1) of the Act requesting the preparation of a report, such application shall be preceded by the issue and service of a notice in the Form 84.41 Schedule C, upon the other party or parties. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.42 Schedule C, and the applicant shall cause the said order to be served upon the person nominated therein to prepare the report.

• (2) When the report has been prepared it shall be lodged with the Clerk. A copy of the report shall be made available by the applicant to the counsel or solicitor representing each party or, if any party is not so represented, to that party.

Attendance of child

23. A request under section 30 (2) of the Act by a child to be present during the hearing of the proceedings or any part thereof may be made by letter addressed to the Court and lodged with the Clerk prior to or during the hearing, as appropriate, or such request may be made orally to the Court at the commencement of or during such hearing, as appropriate.

Warrant to execute care order

24. A warrant issued under section 35 of the Act to execute an interim care order or a care order made under Part IV of the Act directing that a child be placed or maintained in the care of a health board shall be in the Form 84.43 Schedule C.

Proceedings Under Part VI of the Act

Access to child

25. (1) An application under section 37 (2) of the Act for an order regarding access to a child shall be preceded by the issue and service of a notice in the Form 84.44 Schedule C, upon the health board at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.45 Schedule C.

Vary access

• (2) An application under the said section 37 (2) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 84.46 Schedule C, upon the respondent or respondents, i.e. the health board, the parents, the persons mentioned in section 37 (1) of the Act, as appropriate. The order of the Court granting the application shall be in the Form 84.47 Schedule C, and shall be served upon each of the parties.

Authority to refuse access

26. (1) An application by a health board under section 37 (3) of the Act for an order authorising it to refuse access to a child in its care shall be preceded by the issue and service of a notice in the Form 84.48 Schedule C, upon the respondent (the person against whom the order is sought). Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.49 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

• (2) An application under the said section 37 (3) to vary or discharge an order to which paragraph (1) hereof relates shall be preceded by the issue and service of a notice in the Form 84.50 Schedule C, upon the respondent or respondents. The order of the Court granting the application shall be in the Form 84.51 Schedule C, and shall be served upon each of the parties.

Order to deliver up child to health board — S.43 (2)

27. An application by a health board under section 43 (2) of the Act for an order directing that a child be delivered up to the custody of the board shall be preceded by the issue and service of a notice in the Form 84.52 Schedule C, upon the respondent. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.53 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Information — s.46 (3)

28. Where an order is sought under section 46 (3) of the Act directing that a child be delivered up to the custody of the health board, the applicant shall lay information before the Judge on oath and in writing in the Form 84.54 Schedule C, and the Judge may, on foot of such information, sign and issue a summons in the Form 84.55. Schedule C, Such summons shall be served upon the respondent at least two days prior to the return date thereof. Where, however, the Judge is satisfied that the urgency of the matter so requires, the application may be made ex parte and an order under the said section may be made on foot of the sworn information without the necessity to issue such summons. The order of the Court granting the application shall be in the Form 84.56 Schedule C, and the applicant shall cause the said order to be served upon the respondent.

Search warrant

29. An application under section 46 (6) of the Act for a search warrant shall be by information on oath and in writing in the Form 84.57. Schedule C, Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 84.58 Schedule C.

30 Direction under s. 47

30. (1) An application under section 47 of the Act for the Court's directions on a question affecting the welfare of a child in the care of a health board shall be preceded by the issue and service of a notice in the Form 84.59 Schedule C, upon the respondent or respondents. Such notice shall be served at least two days prior to the date fixed for hearing the application. The order of the Court granting the application shall be in the Form 84.60 Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

— variation or discharge

• (2) An application to have any such order or direction varied or discharged shall be preceded by the issue and service as prescribed in paragraph (1) hereof of a notice in the Form 84.61 Schedule C, upon the respondent or respondents. The order of the Court granting the application shall be in the Form 84.62 Schedule C, and shall be served upon each of the parties and any other person directly affected by the order.

Applications under Part VII of the Act

31. (1) In this rule "pre-school service" has the meaning assigned to it in section 49 of the Act.

Pre-School service — warrant

• (2) An application under section 55 (2) of the Act for a warrant to enter and inspect premises in which a pre-school service is being carried on shall be by information on oath and in writing in the Form 84.63. Schedule C. Where the Judge receiving such information issues a warrant under that section such warrant shall be in the Form 84.64. Schedule C.

Proceedings under Part VIII of the Act

Children's residential centre

32. An appeal to the Court under section 62 of the Act by the registered proprietor or, as the case may be, the person intending to be the registered proprietor of a children's residential centre, against a decision, specified in subsection (1) of that section, of a health board shall be preceded by the issue and service of a notice in the Form 84.65 Schedule C, upon that health board. Such notice shall be served at least seven days prior to the date fixed for hearing the appeal. The appellant shall lodge with the Clerk prior to the hearing a copy of the decision against which the appeal is brought or a copy of the notification referred to in section 61 (11) (b) (ii) of the Act. The order of the Court on hearing the appeal shall be in the Form 84.66. Schedule C.

Orders provided for in Part X of the Act

School Attendance Act

33. Where, in proceedings against a parent under section 17 of the School Attendance Act, 1926 (No. 17 of 1926), the Court makes a care order under section 17 (4) (b) of that Act (as substituted by section 75 of the Act) committing the child to the care of a health board the order of the Court shall be in the Form 84. 67 Schedule C, and shall be served upon the said parent of the child.

— care order

ORDER 85

WATER DISCONNECTION RULES

Definitions

1. In this Order—

"the Act of 1962" means the Local Government (Sanitary Services) Act, 1962 ;

"authorised person" means a person who is appointed in writing by a Sanitary Authority to be an authorised person for the purposes of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 .

"consumer" means the occupier of premises for which a supply of water for domestic purposes is provided or, where the premises are either unoccupied or are not owned by a local authority and comprise more than one dwelling, the owner of the premises;

"the Court" means the District Court;

"section 65A of the Act of 1878" means the section inserted by section 7 of the Act of 1962 into the Public Health (Ireland) Act, 1878 and amended by section 8 of the Local Government (Financial Provisions) (No. 2) Act, 1983 ;

"water discontinuance order" means an order under section 3 of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 .

Notice of application

2. An application by the sanitary authority for an order under section 3 (2) of the Local Government (Delimitation of Water Supply Disconnection Powers) Act, 1995 may be made at any sitting of the Court for the court area wherein the supply of water for domestic purposes is provided to the consumer. Notice of such application shall be in the Form 85.1 Schedule C and shall be served on the respondent by prepaid registered post at least twenty one days prior to the date fixed for hearing the application.

— lodgment

When service has been effected, the original notice together with a statutory declaration as to service thereof, shall be lodged with the District Court Clerk at least seven days prior to the said date for hearing.

Order

3. The order of the Court granting the application shall be in the Form 85. 2 Schedule C

ORDER 86

PUBLIC DANCING

1. In this Order

"the Act" means the Public Dance Halls Act, 1935 (No. 2 of 1935);

"place" means a building (including part of a building), yard, garden, or other enclosed place, whether roofed or not roofed and whether the enclosure and the roofing (if any) are permanent or temporary;

"public dancing" means dancing which is open to the public and in which persons present are entitled to participate actively.

Venue for application under section 2

2. (1) An application for a public dancing licence pursuant to section 2 of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

• (2) Where the application is in respect of a place for which a licence is in existence at the time of such application, the application shall be made at the Annual Licensing Court for the said court area.

Service of notice

• (3) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district, and upon the local authority within whose functional area, is situate the place to which such application relates, at least one month before the date of hearing of the application.

Newspaper notice

• (4) The applicant shall also cause notice of the intended application to be published at least one month before such hearing in a newspaper circulating in the district in which is situate the place to which such application relates.

Applicant to notify Fire Authority

• (5) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Lodgment of notice, etc.

• (6) A copy of the notice of the application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least seven days before the date of such hearing.

Order of Court

• (7) Where the application is granted, the licence shall be in accordance with Form 86.1, Schedule C.

Venue for application under section 6

3. (1) An application for a public dancing licence for a defined period not exceeding one month pursuant to section 6 of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

Service and lodgment of notice

• (2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which such application relates and a copy thereof, together with a statutory declaration as to service, shall be lodged with the Clerk at least fortyeight hours before the date of hearing of the application.

Applicant to notify Fire Authority

• (3) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

• (4) A Judge may, where special circumstances so require, hear such application and grant such public dancing licence at a sitting of the Court in any court area in that Judge's district.

Order of Court

• (5) Where the application is granted the licence shall be in accordance with Form 86.2, Schedule C.

Venue for application under section 8 (2)

4. (1) An application in respect of any place for which a public dancing licence is in force, for a public dancing licence in respect of that place to another person pursuant to section 8 (2) of the Act, made with the consent of the licensee, may be made at any sitting of the Court for the court area in which the place to which the application relates is situate.

Notice of application

• (2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 86.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service and lodgment of notice

• (3) Such notice shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which such application relates, and a copy thereof, together with a statutory declaration as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Applicant to notify Fire Authority

• (4) The provisions of section 24 of the Fire Services Act, 1981 shat apply to the application.

Order of Court

• (5) The order of the Court hearing such application shall be in accordance with Form 86.1 or Form 86.4, Schedule C, as the case may be.

Surrender of licence

5. The licensee under a public dancing licence may at any time surrender such licence by notice in writing (Form 86.5 Schedule C) sent or delivered, together with such licence, to the Clerk for the court area in which the place to which such licence relates is situate.

ORDER 87

PUBLIC MUSIC AND SINGING

Definitions

1. In this Order—

"the Act" means the Public Health Acts Amendment Act, 1890 (53 and 54 Vict. CH. 59), as amended by section 14 of the Public Dance Halls Act, 1935 (No. 2 of 1935) and section 33 (2) of the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961);

"place" means the house, room, garden or other place in respect of which a licence or the transfer of a licence under section 51 of the Act is sought or is or has been granted.

Venue for application under sec. 51 (2)

2. (1) An application for a public music and singing licence pursuant to section 51 (2) of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

• (2) Where the application is in respect of a place for which a licence under the Act is in existence at the time of such application, the application shall be made at the Annual Licensing Court for the said court area.

Service of notice

• (3) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which the application relates, at least fourteen days before the date of hearing of the application.

Applicant to notify Fire Authority

• (4) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Lodgment of notice

• (5) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (6) Where the application is granted the licence shall be in accordance with Form 87.1, Schedule C.

Venue for application under sec. 51 (11)

3. (1) An application for a public music and singing licence for a defined period not exceeding fourteen days pursuant to section 51 (11) of the Act may be made at any sitting of the Court for the court area in which the place sought to be licensed is situate.

Service of notice

• (2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which the application relates, at least fourteen days before the date of hearing of the application.

Applicant to notify Fire Authority

• (3) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Lodgment of notice

• (4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (5) Where the application is granted the licence shall be in accordance with Form 87.2, Schedule C.

Venue for application under sec. 51 (3)

4. (1) An application for the transfer of a public music and singing licence pursuant to section 51 (3) of the Act may be made at any sitting of the Court for the court area in which the place to which the application relates is situate.

Service of notice

• (2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which the application relates, at least fourteen days before the date of such hearing.

Lodgment of notice

• (3) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (4) Where the application is granted the endorsement of transfer shall be in accordance with Form 87.3, Schedule C.

ORDER 88

STREET AND HOUSE TO HOUSE COLLECTIONS

Definition

1. In this Order "the Act" means the Street and House to House Collections Act, 1962 (No. 13 of 1962).

Venue for Appeal under Sec. 13 (1)

2. (1) An appeal against the refusal by a Chief Superintendent of the Garda Síochána to grant a collection permit, pursuant to section 13 (1) of the Act, may be made at any sitting of the Court for the court area forming any part of the locality in which the collection to which the collection permit tile subject of the appeal relates, is proposed to be held.

Form of notice

• (2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.1 Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

• (3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

• (4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (5) The order of the Court hearing such appeal shall be in accordance with Form 88.2 Schedule C.

Venue for appeal under sec. 13 (2)

3. (1) An appeal against the attaching of a condition by a Chief Superintendent of the Garda Síochána to a collection permit granted, pursuant to section 13 (2) of the Act, may be made at any sitting of the Court for the court area forming any part of the locality in which the collection to which the collection permit the subject of the appeal relates is proposed to be held.

Form of notice

• (2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.3 Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

• (3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

• (4) A copy of such notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (5) The order of the Court hearing such appeal shall be in accordance with Form 88.4, Schedule C.

Venue for Appeal under Sec. 13 (3)

4. (1) An appeal against the revocation by a Chief Superintendent of the Garda Síochána of a collection permit pursuant to section 13 (3) of the Act, may be made at any sitting of the Court for the court area forming any part of the locality in which the collection to which the collection permit the subject of the appeal relates is proposed to be held.

Form of notice

• (2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 88.5, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

• (3) Such notice shall be served upon the Chief Superintendent at least seven days before the date of hearing of the appeal.

Lodgment of notice

• (4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (5) The order of the Court hearing such appeal shall be in accordance with Form 88.6, Schedule C.

Venue for application under Sec. 23 (1)

5. (1) An application by a Chief Superintendent of the Garda Síochána for an order under section 23 (1) of the Act may be made at any sitting of the Court for the court area forming any part of the locality in which the collection was held pursuant to a collection permit.

Form of, and service of notice

• (2) Such application shall be preceded by the issue and service of a notice in the Form 88.7, Schedule C upon the person (the respondent) to whom was granted the collection permit pursuant to which the collection was held. The notice shall be served at least forty-eight hours before the hearing of the application.

Lodgment of notice

• (3) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk.

Order of Court

• (4) Where the application is granted the Order shall be in the Form 88.8, Schedule C. A certified copy of such order shall be given or sent to the respondent.

ORDER 89

WILDLIFE

Definitions

1. In this Order—

"the Act" means the Wildlife Act, 1976 , (No. 39 of 1976);

"the Minister" means the Minister for Arts, Culture and the Gaeltacht.

Venue for appeal under sec. 29 (7)

2. (1) An appeal pursuant to section 29 (7) of the Act against the refusal by the Minister to grant or renew a licence to hunt with firearms may be made at any sitting of the Court for the court area in which the appellant ordinarily resides or, where the appellant is ordinarily resident outside the State, temporarily resides.

Form of notice

• (2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.1, Schedule C) signed by the appellant or solicitor for the appellant.

Service and lodgment of notice

• (3) Such notice shall be served upon the Minister by registered prepaid post at least fourteen days before the date of hearing of the appeal and a copy thereof, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of such hearing.

Order of Court

• (4) The order of the Court hearing such appeal shall be in accordance with Form 89.2, Schedule C.

• (5) Where the Court allows the appeal the Clerk shall, as soon as may be, send to the Minister a copy of the order of the Court.

Venue for application for certificate

3. (1) An application for the grant of a certificate authorising the issue of a licence or renewal of a licence to carry on business as a wildlife dealer pursuant to section 48 of the Act may be made at any sitting of the Court for the court area in which the premises for which the certificate is sought are situate.

Form of notice

• (2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 89.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

• (3) Such notice shall be served upon the Minister by registered prepaid post at least fourteen days before the date of hearing of the application and a copy thereof, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of such hearing.

Order of Court

• (4) Where the application is granted the certificate shall be in accordance with Form 89.4, Schedule C.

Venue for application to amend licence

4. (1) An application for the amendment of a wildlife dealer's licence pursuant to section 48 (7) of the Act may be made at any sitting of the Court for the court area in which the certificate authorising the issue of a licence was granted.

Form of notice

• (2) Such application shall be preceded by the completion of a notice in the appropriate form (Form 89.5, Schedule C) which shall be lodged with the Clerk at least two days before the date of hearing of the application.

Revocation of licence

5. Where pursuant to section 49 (1) of the Act the Court revokes a wildlife dealer's licence the Clerk shall, as soon as may be, send to the Minister a copy of the order of the Court.

6. Where, pursuant to section 75 of the Act, the Court revokes a firearm certificate or a licence to hunt with firearms and imposes a disqualification, the Clerk shall, as soon as may be, send to the Minister a copy of the order of the Court.

Venue for appeal under sec. 77

7. (1) An appeal pursuant to section 77 of the Act against seizure and detention under the Act may be made at any sitting of the Court for the court area in which such seizure and detention was made.

Form of notice

• (2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.6, Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

• (3) Such notice shall be served upon every person directly affected by the appeal, in accordance with the provisions of section 3 of the Act, at least seven days or, where service is effected by registered prepaid post, at least fourteen days before the date of hearing of the appeal.

Lodgment of notice

• (4) A copy of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of the said hearing.

Order of Court

• (5) The order of the Court hearing such appeal shall be in accordance with Form 89.7 or 89.8 Schedule C, as the case may be.

Venue for appeal under sec. 78 (5)

8. (1) An appeal pursuant to section 78 (5) of the Act against a direction under section 78 (3) of the Act may be made at any sitting of the Court for the court district in which the Peace Commissioner by whom the direction was given acts.

Form of notice

• (2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 89.9 Schedule C) signed by the appellant or solicitor for the appellant.

Service of notice

• (3) Such notice shall be served upon the person on whose application the direction was given and upon the Peace Commissioner who gave the direction. It shall be served in accordance with the provisions of section 3 of the Act not later than four days after the giving of such direction, and a copy of the notice, together with a statutory declaration as to service thereof, shall then be lodged with the Clerk.

Order of Court

• (4) The order of the Court on hearing such appeal shall be in accordance with Form 89.10, or 89.11 Schedule C, as the case may be.

Application to prohibit entry on land

9.— venue for

• (1) An application pursuant to section 68 (5) of the Act for an order prohibiting an authorised officer from entering on land may be made at any sitting of the Court for the court district wherein the land is situate.

— notice of

• (2) Such application shall be preceded by the issue and service of a notice in the Form 89.12, Schedule C upon the respondent (the authorised officer) in accordance with the provisions of section 3 of the Act. Service shall be effected at least seven days or, where the notice is being served by registered prepaid post, at least fourteen days before the date fixed for hearing the application. The original notice, together with a statutory declaration as to service thereof, shall then be lodged with the Clerk at least two days before the said date for hearing.

— order of the Court

• (3) The order of the Court on hearing the application shall be in the Form 89.13, Schedule C.

Application for search warrant — venue for

10. (1) An application to a Judge of the District Court for the issue of a search warrant pursuant to section 73 of the Act may be made at any sitting of the Court for the court district wherein the premises or other land in respect of which the warrant is sought is situate.

— by sworn information

• (2) Such application shall be made by the information on oath and in writing, in the Form 89.14, Schedule C, of the member of the Garda Síochána or the authorised person seeking the warrant.

— form of warrant

• (3) A search warrant issued on foot of such information shall be in the Form 89.15 or 89.16, Schedule C, as appropriate.

ORDER 90

AIR NAVIGATION (EUROCONTROL)

Definitions

1. In this Order—

"the Act of 1963" means the Air Navigation (Eurocontrol) Act, 1963 (No. 15 of 1963).

"the Act of 1983" means the Air Navigation (Eurocontrol) Act, 1983 (No. 38 of 1983).

"determination" has the meaning assigned to it in section 1 of the Act of 1983;

"the Organisation" has the meaning assigned to it in section 2 of the Act of 1963.

Venue

2. Proceedings brought before the Court pursuant to section 7 of the Act of 1983 for the recovery of a sum due to the Organisation in respect of air navigation facilities and services provided by that body, or by any other person, shall be brought, heard and determined before sittings of the Court for the transaction of civil business for the court area

—wherein the defendant's residence or, as the case may be, the defendant's registered office, is located, or

—if such residence or, as the case may be, such registered office is not located in the State, wherein the defendant has a place of business, or

—if such residence or, as the case may be, such registered office is not located, or he or she has no place of business in the State, wherein the defendant has assets, or

—if such residence or, as the case may be, such registered office is not located, or he or she has no place of business or assets in the State, wherein the Organisation, for the time being, has its headquarters.

Proceedings by civil summons

3. Such proceedings shall be instituted by the issue of a civil summons for a debt or liquidated money demand in the Form 39.2, Schedule C, and the provisions of these Rules relating thereto shall mutatis mutandis apply to such proceedings.

Copies of decrees and civil summonses

4. (1) A person seeking a certified copy of a determination for the purposes of section 9 of the Act of 1983 shall complete and lodge with the Clerk the relevant decree in duplicate, together with an affidavit of debt (where appropriate) in duplicate, and shall pay any prescribed court fee. When the decree has been signed by the Judge, the Clerk shall retain the original decree and affidavit, and shall certify and issue the copies to the applicant therefor.

• (2) Upon application being made under the said section 9 and upon payment of the prescribed court fee, the Clerk shall prepare, certify and issue to the applicant therefor a copy of the original civil summons (including the statutory declaration as to service).

Certificate under section 9 (c)

5. The certificate to be issued by the Clerk under section 9 (c) of the Act of 1983 shall be in the Form 90.1, Schedule C.

ORDER 91

CONTROL OF DOGS

Definition

1. In this Order—

"the Act" means the Control of Dogs Act, 1986 (No. 32 of 1986).

Prosecution of offences

2. (1) Proceedings in respect of an offence alleged under the Act may be brought, heard or determined at any sitting of the Court for the court area wherein the offence is alleged to have been committed.

• (2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a summons that such proceedings are urgent, the summons may be issued for and the proceedings may be heard and determined at any sitting of the Court in that district.

• (3) An offence under the Act may be prosecuted by the local authority in whose area the offence is alleged to have been committed.

• (4) Proceedings in respect of such an offence may be commenced by the issuing by the appropriate office of the District Court, on the application of the relevant local authority, of a summons in the Form 7, Schedule B. Such summons shall be served in accordance with the provisions of section 32 of the Act at least seven days or, where service is being effected by prepaid registered post, at least twenty-one days before the date of hearing of the summons.

• (5) When service has been effected the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

Proceedings under section 22 (1) (a)

3. (1) A complaint under section 22 (1) (a) of the Act that a dog is dangerous and not kept under proper control may be made at any sitting of the Court for the court area wherein the premises of the owner of the dog or, as the case may be, of the person in charge of the dog are situated.

• (2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of intention to make a complaint that the proceedings are urgent, such notice may be issued for and the proceedings may be heard and determined at any sitting of the Court in that district.

• (3) Such complaint shall be preceded by the issue and service of a notice in the Form 91.1, Schedule C upon the defendant (the person in charge of the dog) and, where the defendant is not the owner of the dog, also upon such owner. Service may be effected in accordance with the provisions of section 32 of the Act at least seven days or, where service is being effected by prepaid registered post, at least twenty-one days before the date of hearing of the complaint.

• (4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

• (5) The order of the Court on hearing the complaint shall be in the Form 91.2, Schedule C. A copy of such order shall be given to the defendant and, where the defendant is not the owner of the dog, a copy of the order shall also be given to such owner.

Proceedings under sec. 25

4. (1) A complaint under section 25 (1) of the Act that a nuisance has been created as a result of excessive barking by a dog may be made at any sitting of the Court for the court area wherein the premises in which the dog, is kept are situated.

• (2) Where however the Clerk, having consulted the Judge for the time being assigned to the district within which such area is situated, certifies on a notice of intention to make a complaint that the proceedings are urgent, such notice may be issued for and the proceedings may be heard and determined at any sitting of the Court in that district.

• (3) Such complaint shall be preceded by the issue and service upon the occupier of the premises in which the dog is kept of the notice referred to in section 25 (2) of the Act and which is prescribed in the Control of Dogs (No. 2) Regulations, 1987 ( S.I. No. 59 of 1987 ). Service of the notice shall be effected in accordance with the provisions of section 32 of the Act.

• (4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall forthwith be lodged with the Clerk.

• (5) The order of the Court on hearing the complaint shall be in the Form 91.3, Schedule C. A copy of such order shall be given to the defendant.

Search warrant (sec. 26)

5. (1) An application by a member of the Garda Síochána for the issue of a search warrant under section 26 of the Act may be made at any sitting of the Court for the court district wherein the premises in which the dog is kept are situated.

• (2) The application shall be by information on oath and in writing in the Form 91.4, Schedule C.

• (3) The order of the Court on granting the application shall be in the Form 91.5, Schedule C.

Application to remove disqualification (sec. 29)

6. (1) An application under section 27 (1) of the Protection of Animals (Amendment) Act, 1965 (as substituted by section 29 of the Act) to remove a disqualification may be made at any sitting of the Court for the court area wherein the disqualification order was made.

• (2) Such application shall be preceded by the issue and service of a notice in the Form 91.6, Schedule C upon the local authority in whose area the offence, on conviction of which the disqualification order was made, was committed. Service may be effected in accordance with the provisions of section 32 of the Act at least fourteen days before the date of hearing of the application.

• (3) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the said date of hearing.

• (4) The order of the Court on hearing the application shall be in the Form 91.7, Schedule C.

ORDER 92

FIRE SERVICES

Definition

1. In this Order—

"the Act" means the Fire Services Act, 1981 (No. 30 of 1981).

Venue

2. Proceedings under section 20 (4), 21 or 22 (7) of the Act may be brought before any sitting of the Court for the court area wherein the relevant building or land is situate.

Fire safety notice—

3. (1) An application under section 20 (4) of the Act for an order concerning expenses or their apportionment shall be preceded by the issue and service of a notice in the Form 92.1, Schedule C, signed by the applicant or solicitor for the applicant; which notice shall be served upon the occupier or the owner, as the case may be, of the building or land to which the fire safety notice relates, and upon the fire authority which served the fire safety notice. The notice shall be served in accordance with the provisions of section 38 of the Act at least seven days or, where it is sent by prepaid registered post, at least fourteen days before the date of the sitting of the Court to which it is returnable.

• (2) The original of every such notice of application, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least two days before the date of the said sitting of the Court.

• (3) The order of the Court hearing the application shall be in the Form 92.2, Schedule C.

Appeal against fire safety notice