Adoptive Leave (Referral of Disputes and Appeals) (Part V) Regulations, 1995

• Jurisdiction: Ireland
• Year: 1995
• Citation: IR SI 195/1995

S.I. No. 195 of 1995.

ADOPTIVE LEAVE (REFERRAL OF DISPUTES AND APPEALS) (PART V) REGULATIONS, 1995.

I, MERVYN TAYLOR, T.D., Minister for Equality and Law Reform, in exercise of the powers conferred on me by section 32 (4) of the Adoptive Leave Act, 1995 (No. 2 of 1995), hereby make the following Regulations: 1. (1) These Regulations may be cited as the Adoptive Leave (Referral of Disputes and Appeals) (Part V) Regulations, 1995.

(2) These Regulations shall come into operation on the 20th day of July, 1995. 2. (1) In these Regulations, except where the context otherwise requires—

"the Act" means the Adoptive Leave Act, 1995 (No. 2 of 1995);

"appeal" means an appeal to the Tribunal under Part V of the Act;

"appellant" means a person who appeals to the Tribunal under Part V of the Act against a decision of a rights commissioner;

"applicant" means a person who refers a dispute to a rights commissioner under Part V of the Act;

"reference" means a dispute which is referred to a rights commissioner under Part V of the Act;

"regulations of 1979" means the Redundancy (Employment Appeals Tribunal) Regulations, 1979 ( S.I. No. 114 of 1979 ); and

" respondent" means a party to a reference under Part V of the Act other than an applicant, or a party to an appeal under the said Part V, other than an appellant, as may be appropriate.

(2) In these Regulations, a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is indicated that reference to some other Regulation is intended.

(3) In these Regulations, a reference to a paragraph or subparagraph is a reference to the paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended. 3. (1) A notice under section 34 (1) or 35 (2) of the Act shall contain the following particulars:

( a ) the names, addresses and descriptions of the parties to the proceedings;

( b ) in the case of a reference, the grounds upon which the applicant's claim is based;

( c ) in the case of an appeal, the grounds of appeal;

( d ) in the case of a reference—

(i) the day of placement, or

(ii) where there has been no placement, the date on which the employer received the first notification of the adopting parent's intention to take leave under the Act, or

(iii) in the case of an adopting father, the date on which the adopting mother died;

( e ) in case the notice is under section 34 (1) of the Act and is not given within the appropriate period specified in that section, the reasons for the delay;

( f ) the weekly remuneration of the adopting parent; and

( g ) in the case of an appeal, the date on which the...