S.I. No. 548/2005 - Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005

(7), 67

(7)and 72

(3)of the Safety Health and Welfare at Work Act 2005 (No. 10 of 2005), and having consulted with the Minister for Enterprise, Trade and Employment, hereby make the following rules: Citation. 1. These Rules may be cited as the Safety, Health and Welfare at Work Act 2005 (Appeals Forms) Rules 2005. Interpretation. 2.

(1)In these Rules “Act of 2005” means the Safety Health and Welfare at Work Act 2005 (No. 10 of 2005).

(2)In these Rules, any reference to the Schedule or a rule which is not otherwise identified is a reference to the Schedule or a rule of these Rules.

(3)In these Rules, any reference to a sub-rule which is not otherwise identified is a reference to a sub-rule of the provision in which the reference occurs. Commencement. 3. These Rules shall come into operation on 1 September 2005. Appeals. 4.

(1)An appeal brought under— (a) section 66

(7)of the Act of 2005 against an improvement notice, (b) section 67

(7)of the Act of 2005 against a prohibition notice, or (c) section 72

(3)of the Act of 2005 against an information notice, shall be brought, heard or determined at a sitting of the District Court for the district court district in which such notice was served.

(2)An appeal referred to in sub-rule

(1)shall be preceded by the issue and service of a Notice of Appeal in the form set out in Part 1 of the Schedule, or a form to like effect, on each party directly affected by the appeal.

(3)The Notice of Appeal referred to in sub-rule

(2)shall be served in accordance with the provisions of section 3 of the Act of 2005.

(4)When service has been effected, the appellant shall lodge with the district court clerk the original of the Notice of Appeal together with a statutory declaration as to service thereof. Application to suspend operation of prohibition notice. 5. Upon issuing a Notice of Appeal against a prohibition notice which said prohibition notice is declared to take effect immediately it is received by the person on whom it is served, or at any time thereafter, the appellant may apply at any sitting of the District Court for the district court district in which the appeal is listed for hearing, under section 67

(6)of the Act of 2005 to have the operation of the said prohibition notice suspended until the appeal is disposed of provided that the appellant first gives 48 hours notice of the application (in the form set out in Part 2 of the Schedule, or a form to like effect) to each party directly affected by the appeal and lodges the original of Form 2, together with a statutory declaration as to service thereof, with the district court clerk and such form may, where appropriate, be served at the same time as, and together with, the Notice of Appeal. Copy of notice appealed form to be lodged. 6. The appellant shall lodge with the district court clerk or produce at the hearing of the appeal a copy of the notice against which the appeal has been brought. SCHEDULE Part 1 Form 1 Safety, Health and Welfare at Work Act 2005, sections * 66

(7)* 67

(7)& * 72

(3)NOTICE OF APPEAL TO THE DISTRICT COURT District District No. Court Area of ................................................................................................................ Appellant ............................................................................................................ Respondent ...................................................................... * (the Health and Safety Authority) .............................................................................................................................................. *(a person prescribed under section 33 of the above-mentioned Act) TAKE NOTICE that the above-named appellant, of .............................................................................................................................................. WILL APPEAL at the sitting of the District Court to be held at ................................................. on the............. day of.............20.............at .............a.m./p.m. AGAINST the * improvement notice * prohibition notice * notice requiring information served on the appellant by the above-named respondent, of ....................................................................................................................................... on the ...................... day of......................... 20......................... at......................... in the court district aforesaid under section * 66

(1)* 67

(1)* 72

(1)of the above-mentioned Act, * [AND WILL APPLY under section 67

(9)(b) of the above-mentioned Act for a direction suspending the application of the said prohibition notice under section 67

(8)] ON THE FOLLOWING GROUNDS— Dated this.............................. day of................................ 20................................ Signed........................................................................................................................ Appellant * Solicitor for Appellant. To the above-named respondent. To of * (the Health and Safety Authority) * (a person prescribed under section 33 of the above-mentioned Act) Part 2 Form 2 Safety, Health and Welfare at Work Act 2005, sections 67

(6)NOTICE OF APPLICATION TO HAVE OPERATION OF PROHIBITION NOTICE SUSPENDED. District District No. Court Area of .................................................................................................................. Appellant .............................................................................................................. Respondent ...................................................................... * (the Health and Safety Authority) .............................................................................................................................................. *(a person prescribed under section 33 of the above-mentioned Act) WHEREAS the above-named applicant, of........................................................., was on the ............ day of........................ 20............ at........................................ in the court district aforesaid served by the above-named respondent of.......................................................................................................................................... with a prohibition notice under section 67

(1)of the above-mentioned Act, AND WHEREAS the said prohibition notice is declared to take effect immediately it is received by the person on whom it is served, AND WHEREAS the applicant has issued * (and served) * (and intends to serve) * a notice of appeal against the said prohibition notice, TAKE NOTICE that an application will be made by the applicant at the sitting of the District Court to be held at............................................................ on the ...................... day of ................... 20..................... at ...................... a.m./p.m under section 67

(6)of the said Act to have the operation of the said prohibition notice suspended until the appeal is disposed of, on the following grounds— Dated this ......................day of ......................20......................, Signed.............................................................................................................. * Appellant * Solicitor for Appellant. To the above-named respondent. To Of * (the Health and Safety Authority) * (a person prescribed under section 33 of the Act of 2005) GIVEN under my Official Seal, this 1st day of September 2005. MICHAEL McDOWELL, Minister for Justice, Equality and Law Reform. EXPLANATORY NOTE. (This note is not part of the Instrument and does not purport to be a legal interpretation.) These Rules, which come into operation on 1 September 2005, prescribe the forms of notice to be used by a person appealing to the District Court against an improvement notice, a prohibition notice or an information notice, served on such person under the relevant provisions of the Safety Health and Welfare at Work Act 2005 . The Rules also prescribe the form of notice to be used by a person appealing to the District Court to have the operation of a prohibition notice suspended. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. *Delete if inapplicable. 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