Rules of the Superior Courts (No. 3) (Freedom of Information Act, 1997), 1998

• Jurisdiction: Ireland
• Citation: IR SI 325/1998
• Year: 1998

S.I. No. 325 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 3) (FREEDOM OF INFORMATION ACT, 1997), 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 26th day of March, 1998.

Liam Hamilton Edward Comyn Frederick Morris Eamon Marray Kevin Lynch Richard Johnson Gordon Holmes

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

Dated this 8th day of September, 1998.

Seán O'Donnchú

Aire Dli agus Cirt

Comhionannais agus Athchoirithe Dli.

S.I. No. 325 of 1998.

RULES OF THE SUPERIOR COURTS (NO. 3) ( FREEDOM OF INFORMATION ACT, 1997 ), 1998 1. The following order shall be inserted as Order 130 of the Rules of the Superior Courts:

"Order 130

Freedom of Information Act, 1997

1. In this Order:

"the Act" means the Freedom of Information Act, 1997 ;

"the Commissioner" means the Information Commissioner as defined by the Act;

"decision" includes the issue of a certificate under section 25 of the Act.

2. An appeal to the Court pursuant to section 42(1), section 42(2) or section 42(3) shall be brought by way of originating notice of motion.

3. The notice of motion shall be issued within four weeks after notice of the decision concerned is given to the person bringing the appeal. The notice of motion shall be served upon the Commissioner and upon any other person affected by the decision the subject matter of the appeal. Service shall be effected by ordinary pre-paid post.

4. The notice of motion shall be entitled "In the matter of the Freedom of Information Act, 1997 " and on the application of the appellant.

5. Every notice of motion bringing an appeal shall be grounded upon the affidavit of the appellant which shall:

(a) state the nature of the decision against which the appeal is brought;

(b) exhibit a copy of the decision, if any;

(c) state the grounds of the appeal and the point of law, where appropriate;

(d) state the...