Amendment to Order 27

S.I. No. 225 of 2019: District Court (Estreatment) Rules 2019

1. (1) These Rules, which shall come into operation on the 19th day of June 2019, may be cited as the District Court (Estreatment) Rules 2019.

(2) These Rules shall be construed together with the District Court Rules 1997 (S.I. No. 93 of 1997) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2019.

2. Order 27 of the District Court Rules 1997 (S.I. No. 93 of 1997) is amended:

(i) by the substitution for sub-rule (1) of rule 5 of the following sub-rule:

“5. (1) Whenever the Court makes an order to estreat a recognisance the Clerk shall send by ordinary post to each person against whom the order was made a notice informing that person of the making of the order, of the amount in which the recognisance has been estreated against that person and of the time (if any) allowed for payment thereof.”;

(ii) by the substitution for sub-rule (2) of rule 6 of the following sub-rule:

“ (2) At any time after the issue of such warrant of distress the said superintendent may, having first given at least seven days' notice of the application (in the Form 27.7 Schedule B) to the person against whom the warrant of distress was issued (the respondent) and having lodged the original of that Form with the Clerk, apply to the Court for the issue of a warrant to commit the respondent to prison, and the Court may, if satisfied on hearing the applicant that it was found impossible to execute that warrant of distress, issue a warrant (Form 27.8; Schedule B) to commit the respondent to prison for a term not exceeding the appropriate period specified in the scale set out in the Table to section 2 of the Courts (No 2) Act 1986 , and thereupon the applicant shall return the warrant of distress to the Court for cancellation”, and

(iii) by the substitution for sub-rule (1) of rule 10 of the following sub-rule:

“10. (1) A warrant of committal under section 9(12) of the Bail Act 1997 shall be in the Form 27.12 Schedule B, and the period of imprisonment to be specified shall be identified in accordance with the Table to section 2 of the Courts (No 2) Act 1986 as if such table were reproduced in this rule.”