S.I. No. 177/1991 - Superior Court Rules (No. 2), of 1991.

S.I. No. 177 of 1991.

SUPERIOR COURT RULES (No. 2), OF 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 10th day of April, 1991.

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

Dated this 2nd day of July, 1991.

RAY BURKE,

Aire Dlí agus Cirt.

S.I. No. 177 of 1991.

SUPERIOR COURT RULES (No. 2), OF 1991.

1. The Rules of the Superior Courts shall be amended by the following additional Order which shall be inserted immediately after Order 113,

"ORDER 113A

APPEAL UNDER THE EUROPEAN COMMUNITIES (GENERAL SYSTEM FOR THE RECOGNITION OF HIGHER EDUCATION DIPLOMAS) REGULATIONS, 1991.

1. In this Order

"The Regulations" means the European Communities (General System for the Recognition of Higher Education Diplomas) Regulations, 1991.

2. (1) An appeal against any decision of any designated authority under Article 11 of the 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 on which the decision is communicated to the applicant.

(2) An appeal in respect of a failure of any designated authority to give a decision 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 Article 10 of the Regulations.

3. The notice of motion shall be entitled in the matter of the 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.

4. Notice of the motion shall be given to the relevant designated authority, provided that if it shall appear to the Court 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.

5. Unless the Court gives special leave to the contrary, there must be at least ten 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 to be used in opposition to the application shall be filed in the Central Office by the Respondent within 21 days of the service on it of the Applicants affidavit and the Respondent must within such period serve a copy of any affidavit intended to be used by it on the Applicant."

2. 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. 2), 1991.

3. These rules shall come into operation on the 2nd day of July, 1991.

EXPLANATORY NOTE.

This Instrument makes Rules 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).