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S.I. No. 346/1997 -- Rules of the Superior Courts (No. 5), 1997

S.I. No. 346/1997 -- Rules of the Superior Courts (No. 5), 1997 1997 346

S.I. No. 346/1997:

RULES OF THE SUPERIOR COURTS (NO. 5), 1997

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 12th day of December, 1996

Liam Hamilton	Harry Hill
Declan Costello	Edward Comyn
John Blayney	Eamon Marray
Ronan Keane	Gordon Holmes
	Ernest J. Margetson

I concur in the making of the annexed Rules of Court

Dated this 13th day of August, 1997

	John O'Donoghue
	Aire Dlí agus Cirt, Comhionannais
	agus Athchóirithe Dlí

S.I. No. 346 of 1997.

RULES OF THE SUPERIOR COURTS

(NO. 5), 1997.

1. The following Order shall be inserted as Order 113A of the Rules of the Superior Courts in substitution for the existing Order 113A as inserted by the Rules of the Superior Courts (No. 2) 1991 ( S.I. No. 177 of 1991 ).

"

ORDER 113A

APPEALS UNDER THE EUROPEAN COMMUNITIES (GENERAL SYSTEM FOR RECOGNITION OF HIGHER EDUCATION DIPLOMAS) REGULATIONS, 1991 AND UNDER THE EUROPEAN COMMUNITIES (SECOND GENERAL SYSTEM FOR THE RECOGNITION OF PROFESSIONAL EDUCATION AND TRAINING) REGULATIONS, 1996

1. In this Order:

"the 1991 Regulations" means the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations, 1991.

"the 1996 Regulations" means the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations, 1996.

2. (1) An appeal against a decision of any designated authority whether under Regulation 11 of the 1991 Regulations or under Regulation 15 of the 1996 Regulations shall be brought by motion on notice to the relevant designated authority against whose decision the appeal is brought. The said motion shall be brought within a period of 42 days from the date upon which the decision is communicated to the applicant.

(2) An appeal in respect of a failure of any designated authority to give a decision as required by either the 1991 Regulations or the 1996 Regulations shall be brought by motion on notice to the relevant designated authority and shall be brought within 42 days of the expiry of the four month period referred to in Regulation 10 of the 1991 Regulations or Regulation 14 of the 1996 Regulations, as the case may be.

3. The notice of motion shall be entitled in the matter of the relevant regulations; on the application of the person bringing the appeal; shall state the relief sought; shall state the name and place of residence or address for service 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 Central Office.

4. Notice of the motion shall be given to the relevant designated authority provided that if it shall appear to the Court at any stage that any other person to whom notice has not been given 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.

5. Unless the Court gives special leave to the contrary, there must be at least 10 clear days between the service of the notice and the day named therein for the hearing of the motion.

6. (1) Subject to the right of the Court to give such directions as to oral evidence or otherwise as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.

(2) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit used in opposition to the application shall be filed in the Central Office by the respondent or any notice party within 21 days of the service of the applicant's affidavit and the respondent or notice party, as the case may be, must within such period serve a copy of any such affidavit intended to be used by it on the applicant."

2. This rule shall be construed together with the Rules of the Superior Courts, 1986 1997 and may be cited as the Rules of the Superior Courts (No. 5), 1997.

3. This rule shall come into operation on the 1st day of September, 1997.

EXPLANATORY NOTE

This rule, which comes into operation on the 1st day of September 1997, is for the purpose of governing procedure in appeals to the Court under the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations 1991 ( S.I. No. 1 of 1991 ) and EC Directive No. 89/48/EEC, and the European Communities (Second General System for the Recognition of Professional Education and Training) Regulations 1996 ( S.I. No. 135 of 1996 ), EC Directive 92/51/EEC and Commission Directives 94/38/EC and 95/43/EC.