S.I. No. 147/2019 - Circuit Court Rules (Service) (No. 3) 2019

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th April, 2019.

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the Courts of Justice Act 1936 , 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 ), section 27 of the Courts (Supplemental Provisions) Act 1961 , the European Communities (Rules of Court) Regulations 1972 ( SI No 320 of 1972 ) 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 27^th day of November 2018.

(Signed): Raymond Groarke

(Chairman of the Circuit Court Rules Committee)

Fiona Duffy Coady

Keith Walsh

Rita Considine

Noel Rubotham

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

Dated this 4^th day of April, 2019.

Signed:

CHARLES FLANAGAN

MINISTER FOR JUSTICE AND EQUALITY

1. (1) These Rules, which may be cited as the Circuit Court Rules (Service) (No. 3) 2019, shall come into operation on the 15^th day of April 2019.

(2) These Rules shall be construed together with the Circuit Court Rules 2001 to 2019.

(3) The Circuit Court Rules 2001 to 2019 as amended by these Rules may be cited as the Circuit Court Rules 2001 to 2019.

2. Order 14B of the Circuit Court Rules is amended by the substitution in rule 1 for the definitions of “Receiving Agency” and “Transmitting Agency” of the following definitions respectively:

“the “Receiving Agency” or “Receiving Agencies” means the entity or the entities designated by each of the Member States of the EU pursuant to Article 2(2) of the Regulation and in Ireland shall be the Combined Court Office situate at Castlebar in the County of Mayo or such other authority, or public officer or other person as is for the time being designated by the State pursuant to Article 2(2) of the Regulation;

the “Transmitting Agency” or “Transmitting Agencies” means the entity or the entities designated by each of the Member States of the EU pursuant to Article 2(1) of the Regulation and in Ireland shall be the Combined Court Office situate at Castlebar in the County of Mayo or such other authority, or public officer or other person as is for the time being designated by the State pursuant to Article 2(1) of the Regulation.”

EXPLANATORY NOTE

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

These Rules facilitate the transfer of the functions of the receiving agency and transmitting agency in the State for the purposes of Regulation No. 1393/2007 (Service Regulation). to the Courts Service Combined Court Office in Castlebar, County Mayo.