← Ireland

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 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

  1. ie)Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.
  2. ie)Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(
  3. s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile Statutory InstrumentsIonstraimí Reachtúla 1997 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 AmendmentsLeasuithe S.I. No. 346 of 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.
  1. 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.
  2. 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.
  3. 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."
  1. 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),
  3. This rule shall come into operation on the 1st day of September,
  4. 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. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

🔗 To official source

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.