Transport (Railway Infrastructure) Act, 2001

JurisdictionIreland
CitationIR SI 534/2004

STATUTORY INSTRUMENTS.

S.I. No. 534 of 2004 .


DISTRICT COURT (RAILWAY INFRASTRUCTURE) RULES, 2004.

S.I. No. 534 of 2004 .

DISTRICT COURT (RAILWAY INFRASTRUCTURE) RULES, 2004.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:

1. These rules may be cited as the District Court (Railway Infrastructure) Rules 2004.

2. These rules shall come into operation on the 9th day of October 2004 and shall be read together with all other District Court rules for the time being in force.

3. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) shall be amended by the insertion immediately following Order 90 of the following:

“Order 90A

Railway Infrastructure

1. In this Order—

“the Act” means the Transport (Railway Infrastructure) Act 2001 (No. 55 of 2001);

the expression “railway undertaking” shall have the meaning given to it by the Act.

2. (1) An application by or on behalf of a person to whom a notice pursuant to section 48(1) of the Act has been given shall be made to a Judge of the District Court assigned to the court district in which the land which is the subject of said notice is situated.

(2) Such application shall be by notice of application in the form 90A.1, Schedule C and shall be served by the applicant on the railway undertaking by or on whose behalf the notice pursuant to section 48(1) of the Act was served by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable.

(3) The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.

(4) An order made pursuant to paragraph (c) of subsection (1) of section 48 of the Act on such application shall be in the form 90A.2, Schedule C”.

4. The Forms numbered 90A.1 and 90A.2 in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

Schedule C O. 90A, r.2

No. 90A.1

AN CHÚIRT DÚICHE

THE DISTRICT COURT

*District Court Area of

District No.

*Dublin Metropolitan District

TRANSPORT (RAILWAY INFRASTRUCTURE) ACT, 2001

Section 48(1)(c)

NOTICE OF APPLICATION TO PROHIBIT ENTRY ON LAND

............................................................ ............................................................ ................ Applicant

of ............................................................ ............................................................ ............................

............................................................ ............................................................ ............. Respondent

of ............................................................ ............................................................ ............................

WHEREAS the above-named applicant, being the *owner *occupier of land situate at............. in the Court...

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