S.I. No. 25/1954 - Rules of the High Court and Supreme Court. High Court (Social Welfare Act, 1952) Rules, 1954.

S.I. No. 25 of 1954.

RULES OF THE HIGH COURT AND SUPREME COURT. HIGH COURT (SOCIAL WELFARE ACT, 1952) RULES, 1954.

WE, the Superior Courts Rules Committee, established by Section 67 of the Courts of Justice Act, 1936 , and reconstituted by Section 15 of the Courts of Justice Act, 1953 , by virtue of the powers conferred upon us by Section 36 of the Courts of Justice Act, 1 24, and Section 68 of the Courts of Justice Act, 1936 , and of all other powers enabling us in this behalf do hereby make the annexed Rules of Court.

DATED this 4th day of February, 1954.

CONCHUBHAR A. MAGUIDHIR, C.J.

CECIL LAVERY

KEVIN DIXON

JOHN O'LEARY

THOMAS V. DAVY

RAYMOND O'NEILL

JAMES J. HICKEY

RALPH J. WALKER.

I CONCUR in the making of the annexed Rules of Court.

DATED this 9th day of February, 1954.

GERALD BOLAND,

Aire Dlí agus Cirt.

HIGH COURT ( SOCIAL WELFARE ACT, 1952 ) RULES, 1954.

1. Every appeal under section 45 of the Social Welfare Act, 1952 , shall be brought by Summary Summons and shall be heard by such Judge of the High Court (hereinafter called " the Judge ") as may be nominated in that behalf by the President of the High Court.

2.—(1) The Summons may be in Form No. 3 in the Appendix of Forms, and shall be entitled in the matter of the said Act on the application of the person bringing the appeal, and shall state the decision of the appeals officer appealed against and the grounds of appeal.

(2) The summons shall be served on the Minister for Social Welfare and on all parties to the decision of the appeals officer.

(3) The Summons shall be issued within twenty-one days of the date on which notice of the decision of the appeals officer was given to the party appealing provided that the time within which the Summons may be issued may be extended on application ex parte or on notice to the Minister for Social Welfare at any time within six weeks from the date on which notice of the decision of the appeals officer was given to the party desirous of appealing.

(4) Where notice of the decision of the appeal officer was given to the party desirous of appealing prior to the making of these Rules, the Summons may, notwithstanding anything in sub-clause (3) of this clause, be issued at any time within three calendar months after the making of these Rules.

3.—(1) Any question referred to the decision of the High Court by the Minister under section 45 of the said Act shall be referred to the decision of the Court by Summary Summons, which may be in Form No. 3 in the Appendix of Forms, and shall be entitled in the matter of the said Act on the application of the Minister, and shall be heard by the Judge.

(2) The Summons shall state concisely the question referred to the decision of the High Court and shall be served on all parties to the application to the appeals officer.

4. No costs shall be allowed of any proceedings in this Order mentioned unless the Judge shall by special order allow such costs.

5. Orders XXI and XXII of the Rules of the High Court and Supreme Court, 1926, are hereby revoked.

6. These Rules may be cited as the High Court ( Social Welfare Act, 1952 ) Rules, 1954.