S.I. No. 180/1982 - District Court [Fisheries (Consolidation) Act, 1959] Rules, 1982.

S.I. No. 180 of 1982.

DISTRICT COURT [FISHERIES (CONSOLIDATION) ACT, 1959] RULES, 1982.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, make the following Rules of Court:—

1. These Rules may be cited as the District Court [ Fisheries (Consolidation) Act, 1959 ] Rules, 1982.

2. These Rules shall come into operation on the 1st day of July, 1982, and shall be read together with all other District Court Rules for the time being in force.

3. In these Rules—

"the Act" means the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959);

"Form" means a form set out in the Schedule of Forms, or such modification thereof as may be suitable;

"business" means the selling or exporting for sale of salmon and trout.

4. An application for a certificate of fitness pursuant to section 158 of the Act may be brought at any sitting of the Court in the court area in which the applicant carries on or proposes to carry on business.

5. The applicant shall give notice of the application in the Form 1 to the regional board in whose fisheries region he carries on or proposes to carry on business not less than fourteen days before the date of the hearing of the application, and shall lodge a similar notice with the district court clerk at least four days before the hearing.

6. A certificate of fitness granted pursuant to section 158 of the Act shall be in the Form 2.

SCHEDULE OF FORMS

Rule 5	Form 1.
AN CHÚIRT DÚICHE	THE DISTRICT COURT

Fisheries (Consolidation) Act, 1959 section 158.

NOTICE OF APPLICATION FOR A CERTIFICATE OF FITNESS.

District Court Area of	District No.
............................................................ .............................. Applicant

TAKE NOTICE that the above-named applicant

being a person who *(carries on) *(proposes to carry on) the business of *(selling) *(exporting for sale) salmon and trout at

in the court area and district aforesaid,

intends to apply to the District Justice sitting at

District Court on the day of 19 ,at a.m.

for a certificate of fitness pursuant to section 158 of the above Act to hold a Part X licence.

*Delete words inapplicable.

Dated this day of			, 19 ,
		Signed	............................................................ .........
	Applicant
To the	............................................................ .............................			Regional Fisheries Board,
	............................................................ .............................
	and
	the District Court Clerk,
	District Court Office,
	............................................................ ............................

Schedule of Forms.

Rule 6	Form 2
AN CHÚIRT DÚICHE	THE DISTRICT COURT

Fisheries (Consolidation) Act, 1959 section 158

CERTIFICATE OF FITNESS TO HOLD A *SALMON DEALER'S LICENCE "SALMON EXPORTER'S LICENCE

District Court Area of		........................................................	District No.
	............................................................ ................			Applicant
of
	............................................................ ...................

I HEREBY CERTIFY that I am satisfied that the above-named applicant, who *(carries on) *(proposes to carry on) business at in the court area and district aforesaid, is a fit and proper person to hold a *(salmon dealer's licence) *(salmon exporter's licence) within the meaning of Part X of the Act as amended by the Fisheries (Amendment) Act, 1962 and the Fisheries Act, 1980 .

Dated this

day of

19 ,

	Signed	............................................................ .............
		Justice of the District Court assigned to the said District.

*Delete words inapplicable.

GIVEN this 29th day of April, 1982.

	T. F. DONNELLY, Chairman
	M. CYRIL MAGUIRE
	WILLIAM A. TORMEY
	JOHN P. CLIFFORD
	J. J. O'SULLIVAN
	SEAN McMULLIN
	THELMA KING
	SEAMUS O CATHASAIGH

I concur in the making of the foregoing Rules.

Dated this 11th day of June, 1982.

SEÁN DOHERTY,

Minister for Justice.

EXPLANATORY NOTE.

These Rules, which come into operation on 1st July, 1982, prescribe the forms and procedure in respect of applications for certificates of fitness under section 158 of the Fisheries (Consolidation) Act, 1959 .