S.I. No. 118/1997:

CIRCUIT COURT RULES (NO. 2) OF 1997 (ADOPTIVE LEAVE ACT, 1995).

CIRCUIT COURT RULES (NO. 2) OF 1997 (ADOPTIVE LEAVE ACT, 1995).

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, make the annexed Rules of Court.

Dated this 23rd day of July, 1996.

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

Dated this 11th day of March, 1997.

Signed: Nora Owen,

Minister for Justice.

S.I. No. 118 of 1997. :

CIRCUIT COURT RULES (NO. 2) OF 1997 ( ADOPTIVE LEAVE ACT, 1995 )

1. These Rules, which may be cited as the Circuit Court Rules (No. 2), 1997 ( Adoptive Leave Act, 1995 ), shall come into operation on the 24th day of March, 1997.

2. The Orders referred to in these Rules shall be added to and construed together with those Orders contained in the Circuit Court Rules, 1950, as amended.

ORDER 63B

( ADOPTIVE LEAVE ACT, 1995 (No. 2 of 1995))

Rule One

1. In this Order "the Act" means the Adoptive Leave Act, 1995 (No. 2 of 1995), and "the Tribunal" means the Employment Appeals Tribunal and "Commissioner" means a rights commissioner and "the Minister" means the Minister for Equality and Law Reform.

Rule Two

2. All applications served or proceedings taken before these Rules shall have come into operation but which are in accordance with the existing Rules and practice of the Court shall have the same validity as application made or proceedings taken in accordance with these Rules.

Rule Three

3. An application for the enforcement of a decision of a Commissioner or a determination of the Tribunal, whether such application be made by the party in whose favour the decision or determination was made or by the Minister, shall, pursuant to section 39 of the Act, be made by way of Motion on Notice grounded upon Affidavit sworn by the party seeking enforcement of the decision or determination or, in the case of the Minister, by an appropriate officer duly authorised by the Minister, which said Affidavit shall exhibit

( a ) a certified copy of the decision of the Commissioner or a certified copy of the determination of the Tribunal and

( b ) a certified copy of the covering letter from the Commissioner or the Tribunal issued to the Applicant with the aforementioned decision of the Commissioner or determination of the Tribunal:

( c ) a copy Notice of Appeal, if applicable;

and shall set out

(i) all facts relevant to the alleged failure to carry out the decision or determination;

(ii) whether or not an appeal has been brought from the decision or determination and, if no such appeal has been brought, that the time for appeal has elapsed and, if such appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment thereof.

Rule Four

4. Applications shall, in accordance with section 39 (4) of the Act, be brought in the county where the relevant employer ordinarily resides or carries on any profession, business or occupation.

Rule Five

5. Notice of every application shall be given to the Tribunal and the Commissioner. Such notice shall be effected before the filing of the application by the delivery of a copy of the application, or sending it by pre-paid registered post, to the Office of the Secretary of the Tribunal or to the Rights Commissioner, Labour Relations Commission, as appropriate.

Rule Six

6. Save by special leave of the Court, all applications under section 39 of the Act shall only be heard upon Affidavit.

Rule Seven

7. The Court may make such Order as to costs as may be appropriate.

EXPLANATORY NOTE.

These Rules prescribe Circuit Court procedures in respect of applications brought under section 39 of the Adoptive Leave Act, 1995 for the enforcement of decisions of a rights commissioner or determinations of the Employment Appeals Tribunal pursuant to the said Act.