S.I. No. 161/2006 - District Court (Equal Status Act 2000) Rules 2006

SI No.161 of 2006

District Court (Equal Status Act 2000) Rules 2006

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act 1924 , section 72 of the Courts of Justice Act 1936 , section 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1        These rules may be cited as the District Court (Equal Status Act 2000) Rules 2006.

2        These rules shall come into operation on the 8^th day of May 2006 and shall be read together with all other District Court rules for the time being in force.

3         Order 83 of the District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended:

(a)      By the addition to rule 1 of the following definitions:

“ “the Act of 2000” means the Equal Status Act 2000 (No. 8 of 2000);

“Determination Order” means an Order made under sub-section (6) or sub-section (15) of section 8 of the Act of 2000;”

(b)      By the addition immediately following rule 11 of the following:

“12.    An application pursuant to section 8(3) or section 8(15) of the Act of 2000 for a Determination Order may be made at any sitting of the Court for the court district wherein the club is situated. Notice of an application for a Determination Order shall be in the Form 83.9, Schedule C a copy of such notice shall be served upon the club (or in the case of an application under section 8(15), upon the original applicant) in the manner prescribed by section 8(5) of the Act of 2000 not later than seven days before the date fixed for the hearing of the application. The original notice shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The Court may adjourn the hearing of such application and direct service of notice of the application upon such persons as the Court may direct. A Determination Order shall be in the Form 83.10, Schedule C. The Clerk shall transmit a copy of any Determination Order to the Minister for Justice, Equality and Law Reform.”

4        The Forms numbered 83.9 and 83.10 in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

Schedule 1

Schedule C

O. 83, r. 12

83.9

REGISTRATION OF CLUBS ACTS 1904 TO 2000

EQUAL STATUS ACT 2000

Section ✱8(3) ✱8(15)

NOTICE OF APPLICATION FOR DETERMINATION ORDER

......................................................................................................Applicant

......................................................................................................Respondent

TAKE NOTICE that the above-named applicant of ..............................................................................................................will apply to the District Court sitting at.................................................. on the ....... day      of...............200..... at ...............a.m./p.m. under section 8(3) of the above-mentioned Act for a determination as to whether the respondent Club situated at ........................................... in the court area and district aforesaid is a discriminating club within the meaning of section 8(2) of the above-mentioned Act, on the following grounds:-

OR

TAKE NOTICE that the above-named respondent of .............................................................................................................. will apply to the District Court sitting at.....................................................on ..... day     of ................200..... at .............a.m./p.m. under section 8(15) of the above-mentioned Act for a determination as to whether the said respondent Club situated at............................................ in the court area and district aforesaid continues to be a discriminating club within the meaning of section 8(2) of the above-mentioned Act, on the following grounds:-

Dated this    day of              20

Signed........................................

Applicant/solicitor for applicant

To the Registrar of Clubs

District Court Office

At........................

To the Secretary of the above-named Club/the Applicant✱

At.........................

Schedule C

O. 83, r. 12

83.10

REGISTRATION OF CLUBS ACTS 1904 TO 2000

EQUAL STATUS ACT 2000

Section ✱8(3) ✱8(15)

DETERMINATION ORDER

......................................................................................................Applicant

...................................................................................................... Respondent

UPON THE HEARING by the Court on the ........ day of .............20.........of an application

✱by the above-named applicant under section 8(3) of the above-mentioned Act

✱by the above-named respondent under section 8(15) of the above-mentioned Act

for a determination as to whether the respondent club situated at............................................. in the court area and district aforesaid ✱is/✱continues to be a discriminating club within the meaning of section 8(2) of the said Act, made on the grounds that:-

THE COURT HEREBY DETERMINES that the respondent

✱IS

✱IS NOT

✱CONTINUES TO BE

✱HAS CEASED TO BE

a discriminating club within the meaning of section 8(2) of the said Act.

✱AND IT IS FURTHER ORDERED pursuant to section 8(7) of the said Act of 2000 that the certificate of registration of the respondent be and is hereby suspended for a period of  .......... days, commencing on the fiftieth day after the date of this Order (provided that, if appeal is made from this Order, and the period of suspension is affirmed or varied, the said period shall not commence until the fiftieth day after the order on appeal).

Dated this day of      20

Signed ..............................

Judge of the District Court

A copy of this Order to be transmitted to the Minister for Justice, Equality and Law Reform.

I concur in the making of the foregoing rules

Dated this 10^th day of April 2006

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend Order 83 to provide a form of application and order for determination as to whether a club is/continues to be a discriminating club under sections 8(3) or 8(15) of the above Act.