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S.I. No. 813/2004 - Rules of the Superior Courts (Planning and Development Act, 2000), 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 annexed Rules of Court.

Dated this 14th day of November, 2001.

Ronan Keane

Frederick Morris

Richard Johnson

Adrian Hardiman

Paul Sreenan

Anthony Hunt

Gordon Holmes

P.J. Fitzpatrick

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

Dated this 29th day of November, 2004

MICHAEL McDOWELL,

Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí.

S.I. No. 813 of 2004.

RULES OF THE SUPERIOR COURTS (PLANNING AND DEVELOPMENT ACT, 2000), 2004.

1. The following rule shall be inserted as rule 9 of Order 103 of the Rules of the Superior Courts immediately after rule 8 thereof:

“9. (1) Any question of law referred to the High Court for decision pursuant to Section 50 (1) of the Planning and Development Act, 2000 shall be brought by a special summons entitled in the matter of the relevant appeal or referral before the Board, on the application of the Board. The Summons shall state concisely the question referred for the decision of the Court and shall be served on all parties to the appeal or referral before the Board.

(2) The Board and any party to the appeal or referral before it may appear and be heard in relation to the question of law referred to the High Court.

(3) The Court may give such directions as appear necessary or appropriate for the proper determination of the question”.

2. This rule shall come into operation on the 29th day of December, 2004.

3. This rule shall be construed together with the Rules of the Superior Courts, 1986 to 2004 and may be cited as the Rules of the Superior Courts (Planning and Development Act, 2000) 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 Rules, 1986 ( S.I. No. 15 of 1986 ) by insertion of a new rule to be numbered 9 in Order 103 and refers to applications under section 50 (1) of the Planning and Development Act, 2000 .