S.I. No. 67/1991 - Rules of the Superior Courts (No. 1), 1991.


S.I. No. 67 of 1991.

RULES OF THE SUPERIOR COURTS (No. 1), 1991.

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 5th day of March, 1991.

Thomas A. Finlay

Michael M. Collins

Anthony J. Hederman

W. Brendan Allen

Declan Costello

David R. Pigot

Frank Griffin

Edward Comyn

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

Dated this 21st day of March, 1991.

RAY BURKE,

Aire Dli agus Cirt.

RULES OF THE SUPERIOR COURTS (No. 1), 1991.

1. Order 90 of the Rules of the Superior Courts is amended by the substitution of the following Rule for Rule 1 thereof:

"1. Every appeal under the Social Welfare (Consolidation) Act, 1981 , Section 299 or Section 300 (4) shall be brought by Special Summons".

2. Order 90, Rule 5 of the Rules of the Superior Courts is amended by the deletion of the words "said Minister" in each place where they occur and the substitution therefor in each such place of "Chief Appeals Officer".

3. These Rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 1), 1991.

EXPLANATORY NOTE.

These rules amend the terms of Order 90 of the Rules of the Superior Courts to take account of the provisions of Section 20 of the Social Welfare Act, 1990 (which inter alia amends Section 299 of the Social Welfare (Consolidation) Act, 1981 in relation to appeals) by substituting references to the Chief Appeals Officer for references to the Minister for Social Welfare.