S.I. No. 810/2004 - Rules of the Superior Courts (Aviation Regulation Act, 2001), 2004

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 following Rules of Court.

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

RULES OF THE SUPERIOR COURTS (AVIATION REGULATION ACT, 2001), 2004.

1. The Rules of the Superior Courts ( S.I. No. 15 of 1986 ) are hereby amended by the insertion of the following Order after Order 102 thereof:

“Order 102A

Aviation Regulation Act, 2001.

1. In this Order “the Act” means the Aviation Regulation Act, 2001 , and “the Commission” means the Commission for Aviation Regulation” established by section 5 of the Act.

2. Every application under section 39 of the Act shall be made by motion on notice to the person against whom relief is sought.

3. The notice of motion shall be entitled “In the matter of the Aviation Regulation Act, 2001 and in the Matter of Section 39 thereof and on the Application of the Commission” and shall state concisely the determination or request in respect of which the application is brought and the relief sought; it shall state the date upon which it is proposed to apply to the Court for relief and shall be filed in the Central Office.

4. The application shall be grounded upon an affidavit or affidavits sworn on behalf of the Commission. The notice of motion and affidavit shall be served on the person against whom the relief is sought.

5. There must be at least 4 days between the service of the notice and the day named therein for the hearing of the motion.

6. Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under rule 2 shall be by affidavit.”.

2. These Rules may be cited as the Rules of the Superior Courts (Aviation Regulation Act, 2001), 2004.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules amend the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) by the insertion of Order 102A after Order 102 and lay down procedures in respect of applications under section 39 of the Aviation Regulation Act, 2001 .