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S.I. No. 815/2004 - Rules of the Superior Courts (Teaching Council 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 annexed Rules of Court.

Dated this 14th day of November, 2001.

Ronan Keane

Paul Sreenan

Frederick Morris

Anthony Hunt

Adrian Hardiman

Gordon Holmes

Richard Johnson

P. J. Fitzpatrick

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

Dated this 29th day of November, 2004.

MICHAEL McDOWELL,

Minister for Justice, Equality and Law Reform.

RULES OF THE SUPERIOR COURTS (TEACHING COUNCIL ACT, 2001) 2004.

1. The provisions of Order 95 rule 2(1) of the Rules of the Superior Courts, as amended by the Rules of the Superior Courts (No. 2) of 1989 ( S.I. No. 20 of 1989 ) shall apply to an application to the High Court pursuant to section 44 (3) of the Teaching Council Act, 2001 .

2. The provisions of Order 95 rule 3 of the Rules of the Superior Courts, as amended by the Rules of the Superior Courts (No. 2) of 1989 ( S.I. No. 20 of 1989 ) shall apply to an application brought pursuant to section 44 (5) of the Teaching Council Act, 2001 .

3. An application brought under section 47 of the Teaching Council Act, 2001 shall be brought by special summons and returnable to the court. The endorsement on the summons shall set forth in a summary manner the material facts upon which the order is sought and shall be verified by an affidavit sworn on behalf of the Council.

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

5. 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 (Teaching Council 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 Order 95 rule 2 (1) as amended by the Rules of the Superior Courts (No. 2) of 1989 ( S.I. No. 20 of 1989 ) of the Rules of the Superior Courts, 1986 ( S.I. No. 15 of 1986 ). This will facilitate applications to the High Court under section 44 (3) of the Teaching Council Act, 2001 .