Amendment to 31A
S.I. No. 94 of 2010: District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
1. These rules may be cited as the District Court (Criminal Justice (Mutual Assistance) Act 2008) Rules 2010
2. These rules shall come into operation on the 5th day of April, 2010 and shall be construed together with the District Court Rules 1997 to 2010.
3. The District Court Rules 1997 (S.I. No. 93 of 1997) are amended:
(iii) by the substitution for the title and rule 1 of Order 31A of the following:
Proceedings under the Police (Property) Act 1897
Applications for Restitution
“1. In this Order:
“the Act” means the Police (Property) Act 1897;
“the Act of 2008” means the Criminal Justice (Mutual Assistance) Act 2008 (No. 7 of 2008).”;
(iv) by the insertion immediately following rule 3 of Order 31A of the following:
“4. (1) An application for an order under section 87 of the Act of 2008 that a person deliver property to the member in charge of a Garda Síochána station named in the application may be made at any sitting of the Court for the court district or for any one of the court districts wherein the property is located.
(2) Such application shall be preceded by the issue of a notice in the Form 31A.3, Schedule B. Save where the Court otherwise permits, or where sub-rule (4) applies, the notice shall be served upon each person who appears to the applicant to be or likely to be affected by the making of the order sought, in accordance with the relevant provisions of Order 10. Where service is effected by registered prepaid post the notice shall be served at least twenty-one days prior to the date fixed for hearing the application. In all other cases the notice shall be served at least seven days prior to that date.
(3) When service has been effected, the original notice, together with a statutory declaration as to the service thereof (and, where appropriate, the certificate of posting) shall be lodged with the Clerk at least four days prior to the date of hearing.
(4) Where, in an application to which this rule relates, the applicant cannot ascertain the whereabouts of any person who appears to the applicant to be or likely to be affected by the making of the order sought, or where the Court otherwise permits, such application may be made ex parte upon prior lodgment of the notice with the Clerk.
(5) The order of the Court granting the application shall be in the Form 31A.4, Schedule B.”;