Court Rules

1.[1] In this Order

“the Act” means the Pensions Act, 1990 (No. 25 of 1990), and

“the Ombudsman” means the Pensions Ombudsman the office of whom was established by Section 127 of the Act.

2. An application by the Ombudsman pursuant to section 137(5) of the Act for an order requiring a person to comply with a requirement made of that person by the Ombudsman in exercise of a power under section 137(1) or (2) of the Act shall be made by way of originating Motion on Notice grounded upon affidavit sworn by the Ombudsman or by an appropriate officer duly authorised by the Ombudsman, which affidavit shall contain particulars of the requirement made of the person concerned and of the alleged failure to comply with the same, and shall exhibit any documentation (including any correspondence or transcript) relating to such requirement and such alleged failure to comply.

3. [2]An application pursuant to section 141(1) of the Act for an order directing that a party carry out a determination of the Ombudsman shall be made by way of originating Motion on Notice grounded upon an affidavit sworn by or on behalf of the Ombudsman or of the other party seeking the carrying out of the determination, which affidavit shall exhibit:

(a) a certified copy of the determination of the Ombudsman and

(b) where applicable, a certified copy of any covering letter from the Ombudsman issued to the Applicant with the determination of the Ombudsman, and shall set out:

(i) all the facts relevant to the alleged failure to carry out the determination;

(ii) whether or not an appeal has been brought from the determination and, if no such appeal has been brought, that the time for appeal has elapsed and, if such an appeal has been brought, the date upon which Notice of Appeal was given and evidence of abandonment of the appeal.

4. Notice of every application under this Order shall be given to the other party concerned by serving notice of the proceedings (including the Notice of Motion and grounding affidavits) no later than 10 days prior to the return date specified in the Notice of Motion, personally in accordance with the provisions of Order 11 of these Rules or by leaving a true copy of same at the other party’s residence or place of business or by pre-paid registered post to the other party’s residence or place of business, as appropriate.

5. Save by special leave of the Court, all applications under sections 137(5) or 141(1) of the Act shall be heard only upon affidavit evidence.

6. The Court may make such Order as to costs as may be appropriate including an Order measuring the costs.

7. An application referred to in Rule 2 hereof shall be brought in the circuit in which the party against whom the order is sought ordinarily resides.

8. An application referred to in Rule 3 hereof shall, in accordance with section 141(4) of the Act, be brought in the circuit in which the relevant member or, as appropriate, contributor ordinarily resides.