Amendment to Order 34
S.I. No. 480 of 2018: District Court (Companies Act 2014: search warrants) Rules 2018
1. (1) These Rules, which shall come into operation on the 14th day of December 2018, may be cited as the District Court (Companies Act 2014: search warrants) Rules 2018.
(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 2018.
2. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended by the substitution for rule 7 of Order 34 of the following rule:
“— under the Companies Act 2014 (No. 38 of 2014)
7. (1) An application for the issue of a warrant pursuant to section 787 of the Companies Act 2014 may be made at any sitting of the Court for the court district wherein the premises in respect of which the warrant is sought are situated.
— by sworn information.
(2) Such application shall be by the information on oath and in writing in the Form 34.15, Schedule B, laid by a designated officer (within the meaning of section 787(13) of the Companies Act 2014).
(3) A warrant issued to a designated officer on foot of such information shall be in the Form 34.16, Schedule B.
(4) An application under section 787(10) of the Companies Act 2014 for an order extending the period of validity of a warrant shall be by the information on oath and in writing of the designated officer to whom the warrant was issued in the Form 34.15, Schedule B, with any necessary modifications. The information shall state, by reference to the purpose or purposes for which the warrant was issued, the reasons why the designated officer considers the extension to be necessary. The original warrant shall be produced to the Court on the hearing of an application for such extension and, where an order is made extending the period of validity of the warrant, the Judge shall cause the warrant to be suitably endorsed to indicate its extended period of validity in accordance with section 787(11) of the Companies Act 2014 and shall endorse thereon the date of the order for extension and resign the warrant.”