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S.I. No. 409/2014 - District Court (Criminal Justice Act 2013) Rules 2014.

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S.I. No. 409/2014 - District Court (Criminal Justice Act 2013) Rules 2014.

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Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 16th September, 2014.
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 and Equality, make the following rules of court.
Dated this 24th day of February 2014.
Rosemary Horgan Chairperson
Mary C Devins
Brian Sheridan
Conal Gibbons
Anne Watkin
Fiona Twomey
Roy Pearson
Noel A Doherty
Michelle Johnston
I concur in the making of the following rules of court.
Dated this 10th day of September 2014.
FRANCES FITZGERALD,
Minister for Justice and Equality.
S.I. No. 409 of 2014
DISTRICT COURT (CRIMINAL JUSTICE ACT 2013) RULES 2014
1. (1) These Rules, which may be cited as the District Court (Criminal Justice Act 2013) Rules 2014, shall come into operation on the 6th day of October 2014.
(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.
(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2014.
2. The District Court Rules 1997 are amended:
(i) by the substitution for rule 17 of Order 38 of the following rule:
“17. An application by a member of the Garda Síochána for an order under sub-section (2) of section 17 of the Act ordering a person not to carry out a specified service or transaction shall be made ex parte and otherwise than in public to a Judge of the District Court assigned to the district in which the order is proposed to be served. Such application shall be by the information on oath and in writing of the applicant, in the Form 38.22, Schedule B. Where the application is for a second or subsequent order in relation to a particular service or transaction, there shall be produced with the information a copy of any previous order of the Court in relation to that service or transaction. An order of the Court under sub-section (2) of section 17 of the Act shall be in the Form 38.23, Schedule B.”, and
(ii) by the substitution for sub-rule (5) of rule 18 of Order 38 of the following sub-rule:
“(5) Notwithstanding Order 10, the Court may authorise or direct service of any notice of application for an order under section 19 or section 20 of the Act, or order made under section 17, section 19 or section 20 of the Act by any means referred to in section 110 of the Act.”.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Rules amend the District Court Rules by the substitution of rule 17 and sub-rule (5) of rule 18 of Order 38, to facilitate the operation of section 17 provide for procedures to apply for an order under Section 17 (2) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 as amended and to allow for the service of notice of applications for and orders made under, Sections 17, 19 and 20 by the means prescribed in Section 110 of the Act, as amended by the Criminal Justice Act 2013 .

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