STATUTORY INSTRUMENTS.

S.I. No. 245 of 1981.

RULES OF THE SUPERIOR COURTS (NO. 5), 1981.

S.I. No. 245 of 1981.

RULES OF THE SUPERIOR COURTS (No. 5), 1981.

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 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 29th day of April 1981.

Thomas F. O' Higgins

Thomas A. Finlay

Brian Walsh

Frank Griffin

Herbert R. McWilliam

Mary Laffoy

David R. Pigot

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

Dated this 9th day of July 1981.

JIM MITCHELL,

Aire Dlí agus Cirt.

S.I. No. 245 of 1981 .

RULES OF THE SUPERIOR COURTS (NO. 5), 1981.

1. The following additional Order shall be inserted immediately after Order 98A viz:--

“ORDER 98B.

CONSUMER INFORMATION ACT, 1978.

1. In this Order “The Act” means the Consumer Information Act, 1978 ; “The Director” means the holder for the time being of the office of Director of Consumer Affairs.

2. An application for an order under Section 8(3) of the Act shall be by motion on notice to the person against whom relief is sought.

3. The notice of motion shall be entitled in the Matter of “the Act” on the application of “the Director”; shall state the relief sought; shall state the name of “the Director” and his place of business or address for service; the date upon which it is proposed to apply to the Court for relief; and shall be filed in the Central Office.

4. Notice of the motion shall be given to the person against whom the relief is sought (the respondent); but if it shall appear to the Court that any person to whom notice has not been given ought to have or ought to have had such notice, the Court may either dismiss the application, or adjourn the hearing thereof, in order that such notice may be given, upon such terms (if any) as the Court may think fit to impose.

5. There must be at least four days between the service of the notice and the day named therein for the hearing of the motion.

6. (a) Subject to the right of the Court to give such directions in that behalf as it considers appropriate or convenient, evidence at the hearing of a motion under Rule 2 shall be by affidavit.

(b) Any affidavit to be used in support of the motion shall be filed in the Central Office and a copy of any such affidavit shall be served with the notice. Any affidavit to be used in opposition to the application shall be filed in the Central Office by the respondent within three days of the service on him of the applicant's affidavit and the respondent must within such period serve a copy of any affidavit intended to be used by him on the application.”

2. These rules shall be construed together with the Rules of the Superior Courts and may be cited as the Rules of the Superior Courts (No. 5), 1981.

EXPLANATORY NOTE.

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

These Rules prescribe court procedures for bringing applications to the High Court under Section 8(3) of the Consumer Information Act, 1978 .