S.I. No. 449/2026 - Circuit Court Rules (Cultural Objects) 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 1st September, 2026.

We, the Circuit Court Rules Committee, by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 , 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 as required by section 124 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 , with the concurrence of the Minister for Justice, Home Affairs and Migration, make the following Rules of Court.

Dated this 11th day of December 2025.

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

Dated this 20^th day of August, 2026.

Signed:

JIM O’CALLAGHAN,

Minister for Justice, Home Affairs and Migration.

1.

• (2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2026.

• (3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2026.

2.

3.

• (i) by the insertion immediately following paragraph (m) of Order 2 of the following paragraph:

• “(n) in proceedings under Chapter 9 of Part 4 of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 , in the County mentioned in Order 75, rule 2(1).”, and

• (ii) by the insertion immediately following Order 74 of the Order set out in the Schedule.

Schedule

“Order 75

Proceedings under the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023

1. In this Order:

the “2023 Act” means the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 ;

expressions defined in section 117 of the 2023 Act have the same meaning in this Order.

1. (1) Proceedings under Chapter 9 of Part 4 of the 2023 Act shall be commenced by the issuing of a Civil Bill out of the Office for the County:

2. (a) in which the cultural object concerned is situated at the time the claim under the Convention is brought in respect of the object, or

3. (b) in a case to which section 118(2)(b) of the 2023 Act applies, the Office for the City and County of Dublin.

4. (2) The Civil Bill shall name as plaintiff the person mentioned in section 120(1) of the 2023 Act who makes the claim.

5. (3) Where the identity of the possessor of the cultural object concerned is known, the Civil Bill shall name as defendant the possessor of the cultural object concerned.

6. (4) Where the identity of the possessor of the cultural object concerned is not known, the Civil Bill shall name as defendant “the person or persons for the time being in possession of” the cultural object concerned.

7. (5) Where sub-rule (4) applies, service of the Civil Bill may be effected by:

   • (a) service upon the person or persons in the actual possession of the cultural object concerned, or

   • (b) when service cannot otherwise be effected, by posting a copy of the Civil Bill upon the door or other conspicuous part of the place where the cultural object concerned is for the time being.

8. (6) The Court may direct service of the proceedings on any other person who the Court considers would be affected by the granting or refusal of the relief sought.

9. The Court may, at any stage of the proceedings, on the application of a defendant, or of its own motion having heard the parties, join as a third party a prior transferor of the cultural object concerned.

10. (1) Subject to sub-rule (2), proceedings under Chapter 9 of Part 4 of the 2023 Act shall be heard on oral evidence.

11. (2) Notwithstanding sub-rule (1), the Court may receive evidence on affidavit as to:

    • (a) the entitlement of the plaintiff to make a claim under the Convention;

    • (b) the circumstances in which the cultural object concerned was stolen or, as the case may be, illegally exported;

    • (c) the law of the place where the cultural object is alleged to have been stolen or, as the case may be, illegally exported;

    • (d) the chain of possession of the cultural object concerned.”

EXPLANATORY NOTE

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

These rules insert a new Order 75 to facilitate the operation of Part 4, Chapter 9, of the Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 , which provides for court applications relating to stolen or illegally exported cultural objects.