S.I. No.350 of 2006

CIRCUIT COURT RULES (TAXI REGULATION) 2006

We, the Circuit Court Rules Committee, constituted pursuant to the provisions of section 69 of the section 12 of the section 66 of the section 70 of the section 48 of the section 27 of the Courts (Supplemental Provisions) Act 1961 , and of all other powers enabling us in this behalf, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the annexed Rules of Court.

Dated this 20^th day of June 2006.

(Signed): Matthew Deery

(Chairman of the Circuit Court Rules Committee)

Patrick Hunt

Fergal Foley

Gerard J. Doherty

Faye Breen

Noel Rubotham

Susan Ryan (Secretary)

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

Dated this 30^th day of June, 2006

Signed: MICHAEL McDOWELL

MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM

S.I. No.350 of 2006

CIRCUIT COURT RULES (TAXI REGULATION) 2006

1.  These Rules, which may be cited as the Circuit Court Rules (Taxi Regulation) 2006, shall come into operation on the 30^th day of June 2006.

2.  These Rules shall be construed together with the Circuit Court Rules 2001 to 2006.

3.  The Circuit Court Rules are hereby amended by the insertion, immediately following Order 70, of the following Order.

-�ORDER 71

TAXI REGULATION ACT 2003

1.  In this Order:

-�the Act-� means the Taxi Regulation Act 2003 (No. 25 of 2003),

-�licensing authority-� has the same meaning as in the Act, and

-�the Superintendent-� means the Superintendent of the Garda Síochána for the district in which the applicant ordinarily resides.

2.  An application under section 36(2) of the Act shall be made by originating Notice of Motion, which shall be grounded upon Affidavit. Every Notice of Motion issued under this Order shall name as the plaintiff the applicant for relief and shall name as defendant or defendants the Superintendent and (where the person is the holder of a licence affected) the licensing authority which granted the licence.

3.  The Notice of Motion shall be signed by or on behalf of the applicant and shall state the Sitting of the Court at which the application is to be made.

4.  Copies of the Notice of Motion and grounding Affidavit shall be served upon the defendants by any of the modes in which a Civil Bill may be served.

5.  The Court may at any time direct service of copies of the Notice of Motion and grounding Affidavit on any other person whom the Court considers relevant or affected by the application and may give directions as to the delivery of any affidavit by any such person.

6.  An application under section 36(2) of the Act shall be brought in a county of the circuit in which the applicant intends to provide small public service vehicle services.

7.  Save in the Dublin Circuit, the Notice of Motion shall be served at least twenty-one days before the day upon which the application is to be made. In the Dublin Circuit, the Notice of Motion shall be served at least twenty-one days before the day upon which such application is intended to be made, and shall operate to set down the application for hearing upon any day after the expiration of the said time upon which the application may come on for hearing in its order in the list.

8.  The County Registrar shall give notice of the Court-�s decision by sending a copy of any order made on such application to the Superintendent and to the licensing authority concerned, and to any other person on notice of the application.-�

EXPLANATORY NOTE

(This does not form part of the instrument and does not purport to be a legal interpretation)

These Rules facilitate applications and appeals under section 36 of the Taxi Regulation Act 2003 .