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Court: Circuit
Topic: Nursing Homes Support Scheme Act 2009
Category: Civil

CC10 - Applications under section 21 of the Nursing Homes Support Scheme Act 2009

Related links:
Notice in regard to applications
Appendix - Forms.doc

1. The following procedures shall apply to applications under section 21 of the Nursing Homes Support Scheme Act 2009 (the Act) pending the coming into operation of rules of court regulating the procedure in such proceedings.

2. An application under section 21(4) of the Nursing Homes Support Scheme Act 2009 (the Act) for an order appointing a person to be a care representative under that section shall be commenced by the issue of an Originating Notice of Motion in Form 1 of the Appendix to this Direction, grounded upon an affidavit, in Form 3 in the Appendix. The Originating Notice of Motion shall be assigned a return date before the County Registrar by the Circuit Court office.

3. The Originating Notice of Motion and grounding affidavit (and any exhibits) shall -

(a) be served, together with a form for reply to the application in Form 2 in the Appendix, personally on the person in respect of whom a care representative is sought to be appointed (the respondent) and

(b) be served, in the manner permitted by law for service of a Civil Bill, on each person having an equal or greater priority of right to apply to be a care representative who has not given a consent in writing under section 21(13) of the Act

not later than 14 days before the return date of the Originating Notice of Motion, unless notice has been dispensed with by the court under subsections (10) or (17) of section 21 of the Act (as the case may be).

4. The respondent may reply to the application by completing personally or through his or her solicitor the reply referred to in sub-paragraph (a) of paragraph 3 above, which shall be sent to the County Registrar not later than seven days prior to the return date. Where the respondent in his or her reply does not consent to the application, the County Registrar shall send a copy of the reply to the applicant prior to the return date. The applicant shall serve a copy of that reply on each person referred to in sub-paragraph (b) of paragraph 3 above, in the manner referred to in that sub-paragraph.

5. A person having an equal or greater priority of right to that of the applicant to apply to be a care representative, and who has not given a consent in writing under section 21(13) of the Act to the applicant's application, may file an affidavit replying to the application, in which event such person shall deliver a copy of that affidavit (and any exhibits) to the applicant and the respondent not later than seven days prior to the return date.

6. Where at the hearing of the Originating Notice of Motion before the County Registrar objection is made by any notice party relating to the appointment of a care representative, the County Registrar shall transfer the Originating Notice of Motion, when in order for hearing, to the judge's list on the first opportunity.

7. An application to the Court under section 21(17) of the Act for directions relating to the manner of giving notice to a person under section 21 of the Act, or dispensing with such notice, shall be made ex-parte to the court, grounded upon an affidavit.

8. A notification to the court for the purposes of section 21(25) of the Act may be made by letter to the County Registrar. The County Registrar may, on receipt of such notification, list the matter before himself or herself or before the court on notice to that person and to any other person whom the County Registrar considers ought to be on notice.

9. The following applications shall, unless notice has been dispensed with by the court under subsections (10) or (17) of section 21 of the Act (as the case may be), be made by motion, in the proceedings begun by the Originating Notice of Motion referred to in paragraph 1 of this direction, on not less than seven days' notice to the care representative or (as the case may be) each other person who is a care representative, and to the respondent:

(a) an application for directions by a care representative under section 21(29) of the Act;

(b) applications under section 21(30) or section 21(31) of the Act, unless made by the respondent, in which case the application may be made by letter to the County Registrar, copies of such letter to be furnished to such persons as the County Registrar or the court may direct.

10. Unless otherwise permitted by the County Registrar or the court, evidence in proceedings under section 21 of the Act shall be heard and determined on affidavit.

11. This Direction shall cease to have effect on the coming into operation of the rules of court referred to in paragraph 1 above.

Dated this 5th day of October 2009
Matthew Deery
President of the Circuit Court

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Notice in regard to applications

Nursing Homes Support Scheme Act 2009

Appointment of Care Representatives

An application for the appointment of a Care Representative should be made to the Circuit Court.

The application must be made in the circuit in which the person to whom the application relates is living at the time of the making of the application.

It can also be made where that person has lived at any time during the period of three years immediately prior to the making of the application.

The President of the Circuit Court has issued the above practice direction (CC10) to facilitate applications for the appointment of a Care Representative.

The fees payable in respect of an application on the Notice of Motion (Form 1) and an affidavit are set out in the current Circuit Court Fees Order.

Further information on the operation of the Scheme is available from the HSE.

You will find further information on this subject on the Department of Health website.