S.I. No. 284/2012 - Circuit Court Rules (Employment Equality) 2012.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2012.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , and section 12 of the Courts of Justice Act 1947 , by virtue of the powers conferred on us by section 66 of the Courts of Justice Act 1924 and section 70 of the Courts of Justice Act 1936 , (as applied by section 48 of the Courts (Supplemental Provisions) Act 1961 ) and section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice and Equality, make the annexed Rules of Court.

Dated this 19th day of July 2011.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Tony Hunt

Gerard J. Doherty

Joe Deane

Noel Rubotham

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

Dated this 18th day of July 2012.

ALAN SHATTER,

Minister for Justice and Equality.

S.I. No. 284 of 2012

CIRCUIT COURT RULES (EMPLOYMENT EQUALITY) 2012

1. (1) These Rules, which shall come into operation on the 15th day of August 2012, may be cited as the Circuit Court Rules (Employment Equality) 2012.

(2) These Rules shall be construed together with the Circuit Court Rules.

(3) The Circuit Court Rules as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2012.

2. The Circuit Court Rules are amended:

(a) by the substitution in sub-rule (1) of rule 6 of Order 57 for the definition of a “certified copy” of the following definition:

“a “certified copy” of any decision, determination or other document shall mean a copy of the document concerned certified, as the case may be,

(a) by the employee concerned or with his consent, by a representative of any trade union of which he is a member,

(b) by the chief executive officer of the Equality Authority or an officer of the Equality Authority duly authorised in that regard,

(c) by the chairman or a deputy chairman of the Labour Court or by an officer of the Labour Court duly authorised in that regard,

(d) by the solicitor acting for a person mentioned in paragraph (a), (b) or (c), or

(e) on behalf of the Minister

as being a true copy thereof;”, and

(b) by the substitution for sub-paragraph (ii) of paragraph (c) of sub-rule (7) of rule 6 of Order 57 of the following sub-paragraph:

“(ii) certified copies of all notices, pleadings, documents, particulars or written submissions provided by either party to the Labour Court or to the Director as appropriate;”.

EXPLANATORY NOTE

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

These Rules amend Order 57, rule 6 of the Circuit Court Rules by the substitution of sub rule (1) to amend the definition of a certified copy and the substitution of sub rule (7)(c)(ii) to include, where appropriate, in the documents which should be annexed to the Notice of Motion, certified copies of specified documents provided by either party to the Labour Court.