European Communities (European Order For Payment) Regulations, 2008
Jurisdiction | Ireland |
Citation | IR SI 525/2008 |
S.I. No. 525 of 2008 |
EUROPEAN COMMUNITIES (EUROPEAN ORDER FOR PAYMENT) REGULATIONS 2008 |
Notice of the making of this Statutory Instrument was published in |
“Iris Oifigiúil” of 12th December, 2008. |
I, DERMOT AHERN, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving full effect to Regulation (EC) No. 1896/2006 of 12 December 2006 1 creating a European order for payment procedure, hereby make the following regulations: |
Citation and commencement |
1. (1) These Regulations may be cited as the European Communities (European Order for Payment) Regulations 2008. |
(2) These Regulations shall come into operation on 12 December 2008. |
Interpretation |
2. (1) In these Regulations “Order for Payment Regulation” means Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 20061 creating a European order for payment procedure. |
(2) Unless provided otherwise, a word or expression used in these Regulations and in the Order for Payment Regulation has the same meaning in these Regulations as it has in the Order for Payment Regulation. |
(3) References in these Regulations to numbered Articles without qualification are references to the Articles so numbered of the Order for Payment Regulation. |
Application for a European order for payment and statement of opposition |
3. (1) Subject to paragraph (2), an application for a European order for payment in accordance with Article 7(1) shall be made to and determined by the High Court. |
(2) The functions of the High Court under Articles 8, 9, 10, 11, 12 and 18 shall be performed by the Master of the High Court. |
(3) A defendant wishing to lodge a statement of opposition to a European order for payment in accordance with Article 16 shall lodge that statement with the Central Office of the High Court. |
Amendment of section 25 of Courts and Court Officers Act 1995 |
4. Section 25 of the Courts and Court Officers Act 1995 (No. 31 of 1995) is amended by the substitution of the following subsections for subsection (5): |
“(5) Subject to subsections (5A) and (5B), all orders of the Master of the High Court shall be subject to appeal to the High Court. |
(5A) Subsection (5) does not apply in relation to an order of the Master of the High Court for the issuing of a European Enforcement Order certificate pursuant to Article 10(4) of Regulation (EC) No. 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims. |
(5B) Subsection (5) does not apply in relation to an order of the Master of the High Court— |
(a) for the rejection of an application for a European order for payment pursuant to Article 11(1) of the Order for Payment Regulation, |
(b) for the issue of a European order for payment pursuant to Article 12(1) of the Order for Payment Regulation, and |
(c) declaring the European order for payment enforceable pursuant to Article 18(1) of the Order for Payment Regulation. |
(5C) In subsection (5B) “Order for Payment Regulation” means Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12 December 2006 creating a European order for payment procedure.”. |
Application under Article 20 |
5. An application referred to in Article 20 shall be made to the Master of the High Court. |
Applications under Articles 22 and 23 |
6. The High Court shall have sole jurisdiction in relation to any application referred to in Articles 22 or 23. |
Enforcement of a European order for payment |
7. Where a European order for payment has become enforceable in a Member State of origin that order shall be of the same force and effect as a judgement of the High Court and may be enforced... |
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