S.I. No. 314/2006 - District Court (Taxi Regulation) Rules 2006

SI No.314 of 2006

District Court (Taxi Regulation) 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 (Taxi Regulation) Rules 2006.

2.   These rules shall come into operation on the 19^th day of June 2006 and shall be read together with all other District Court rules for the time being in force.

3.   The District Court Rules 1997 ( S.I. No.93 of 1997 ) shall be amended by the insertion immediately following rule 6 of Order 97 of the following:

“Taxi Regulation Act 2003

7.  (1)        In this rule, “licensing authority” has the same meaning as in the Taxi Regulation Act 2003 (No. 25 of 2003).

(2)             An application under section 36(2) of the Taxi Regulation Act 2003 shall be by notice of application in the Form 97.23 Schedule C. Such notice of application shall be served on the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides and (where the person is the holder of a licence in respect of a small public service vehicle or a licence to drive a small public service vehicle granted, as the case may be, under section 34 of the Taxi Regulation Act 2003 or section 82 of the Road Traffic Act 1961 ) on the Commission for Taxi Regulation or other licensing authority which granted the licence at least twenty one days before the date fixed for the hearing of the application. The stamped original of the notice of application together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four clear days before the date fixed for the hearing of the application. The order of the Court made on any such application shall be in the Form 97.24 Schedule C and the Clerk shall send a copy of such order to the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides and to the Commission for Taxi Regulation or other licensing authority as appropriate.”

4.   The Forms numbered 97.23 and 97.24 inclusive in the Schedule hereto shall be added to the Forms in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

Schedule

97.23

Schedule C

O.97, r.7

Between................................................................................Appellant

And.....................................................................................Respondent

NOTICE OF APPLICATION

TAXI REGULATION ACT 2003, SECTION 36 (AS AMENDED BY ROAD TRAFFIC ACT 2004, SECTION 36)

TAKE NOTICE that the applicant herein who resides at ............................ in the County of ...................................and who intends to provide small public service vehicle services at.................................in the Court (area and) district aforesaid intends to apply pursuant to Section 36 sub-section 2 of the above named Act to a Judge of the District Court sitting at ....................................on the ...........day of..................20..... at.............a.m./p.m., in the said District for an Order that the Applicant herein be allowed to apply for a licence (within the meaning of section 2 of the above named Act) under such terms or conditions the Court may direct.

Dated this         day of                  20

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

Applicant / Solicitor for the Applicant

To: District Court Clerk at .........................................

And to: The Superintendent

Garda Síochána at

....................................

^* And to: Commission for Taxi Regulation

35 Fitzwilliam Square

Dublin 2

^* And to: ..............................................................

of................................................................

in the County of ....................................

97.24

Schedule C

O.97, r.7

Between................................................................................Appellant

And.....................................................................................Respondent

ORDER TAXI REGULATION ACT 2003, SECTION 36 (AS AMENDED BY ROAD TRAFFIC ACT 2004, SECTION 36)

WHEREAS on application made this day by the above-named applicant who resides at ........................... in the County of ................................... and who intends to provide small public service vehicle services at.................................in the Court (area and) district aforesaid pursuant to Section 36 sub-section 2 of the above named Act for an Order that the said applicant be allowed to apply for a licence (within the meaning of section 2 of the above named Act) under such terms or conditions the Court might direct.

THE COURT

BEING SATISFIED THAT notice of the application herein was duly served

HAVING HEARD THE EVIDENCE TENDERED

HEREBY ORDERS that

^* the application be refused

^* the applicant be allowed to apply for a licence (within the meaning of section 2 of the above named Act) upon the following ^* terms ^* conditions

Dated this ........day of.....................20...

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

Judge of the District Court

To: The Superintendent Garda Síochána at

...................................

^* And to: Commission for Taxi Regulation

35 Fitzwilliam Square

Dublin 2

^* And to:....................................................

of.....................................................

in the County of ....................................

Given this 20^th day of February 2006

I concur in the making of the foregoing rules

Dated this 19^th day of June 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 97 to give effect to section 36 of the Taxi Regulation Act 2003 (as amended by Section 36 of the Road Traffic Act 2004 )

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