Rules of the Superior Courts (No. 4) (Review of the Award of Public Contracts) 1998

• Jurisdiction: Ireland
• Citation: IR SI 374/1998
• Year: 1998

S.I. No. 374 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 4), (REVIEW OF THE AWARD OF PUBLIC CONTRACTS), 1998

We, the Superior Courts Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1953 , section 15, by virtue of the powers conferred upon us by the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act, 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the annexed Rules of Court.

Dated this 23rd day of July, 1998.

Frederick Morris

Ronan Keane

Kevin Lynch

Richard Johnson

Gordon Holmes

Eamon Marray

I concur in the making of the annexed Rules of Court.

Dated this 6th day of October, 1998.

John O'Donoghue

Aire Dlí agus Cirt

Comhionannais agus Atchóirithe Dlí

S.I. No. 374 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 4),

(REVIEW OF THE AWARD OF PUBLIC CONTRACTS), 1998 1. The following Order shall be inserted as Order 84A of the Rules of the Superior Courts :

"ORDER 84A

Review of the Award of Public Contracts

1. (1) In this order unless the context or subject matter otherwise requires —

"The Directives" means and includes all or any of the following:

(a) the Public Services Contracts Directive,

(b) the Public Supply Contracts Directive,

(c) the Public Utility Contracts Directive,

(d) the Public Works Contracts Directive,

(e) the Review Procedures Directives.

(2) "The Public Services Contracts Directive" means Directive 92/50/EEC (O.J. L209 24/7/92 p.1).

"The Public Supply Contracts Directive" means Directive 93/36/EEC (O.J. L199 9/8/93 p.1).

"The Public Utilities Contracts Directive" means Directive 93/38/EEC (O.J. L199 9/8/93 p.84).

"The Public Works Contracts Directive" means Directive 93/37/EEC (O.J. L199 9/8/93 p.54).

"The Review Procedures Directives" means Directive 89/665/EEC (O.J. L395 30/12/89 p.33 and Directive 92/13/EEC (O.J. L76 23/3/92 p.14).

(3) "The Regulations" means and includes all or any of the following:

(a) European Communities (Award of Public Works Contracts) Regulations, 1992 (S.I. 36 of 1992).

(b) European Communities (Award of Public Supply Contracts) Regulations, 1992 (S.I. 37 of 1992).

(c) European Communities (Review Procedures for the Award of Contracts by Entities operating in the Water, Energy, Transport and Telecommunications Sectors) Regulations, 1993 (S.I. 104 of 1993).

(d) European Communities (Award of Public Services Contracts) Regulations, 1993 (S.I. 173 of 1993).

(e) European Communities (Award of Public Supply Contracts) (Amendment) Regulations, 1994 (S.I. 292 of 1994).

(f) European Communities (Award of Public Works Contracts) (Amendment) Regulations, 1994 (S.I. 293 of 1994).

(g) European Communities (Review Procedures for the Award of Public Supply, Public Works and Public Services Contracts) (No. 2) Regulations, 1994 (S.I. 309 of 1994).

(h) European Communities (Awards of Contracts by Entities operating in the Water Energy, Transport and Telecommunications Sectors) Regulations 1995 (S.I. 51 of 1995).

(4) Words and expressions contained in this Order shall have the same meanings as in the Directives or the Regulations, as the case may be.

2. An application pursuant to the Regulations for the review of a decision to award or the award of a public contract within the scope of the Directives shall be made to the Court in accordance with the provisions of this Order.

3. An application for such review shall be made by originating Motion on Notice grounded upon a statement containing —

(i) the name, address and description of the applicant ;

(ii) the name, address and description of the contracting authority awarding the contract ;

(iii) a description of the contract ;

(iv) the alleged value of the contract ;

(v) the Regulation and Directive alleged to be applicable ;

(vi) the date of award of contract/decision to...