Court Rules

6. Order 26 of the District Court Rules 1997 (S.I. No.93 of 1997) shall be amended by

(i) the substitution for rule 2 of the following—

“2. Warrants issued under this Part of these Rules shall be addressed in accordance with the provisions of section 25 of the Petty Sessions (Ireland) Act 1851, as substituted by section 193 of the Criminal Justice Act 2006. Save where the Court otherwise directs, either on the application of any person or otherwise, where particulars of the Garda Síochána district within which the person named in the warrant resides are available when the warrant is prepared, the warrant shall be addressed to the superintendent or an inspector of the Garda Síochána for that Garda Síochána district, but in any other case the warrant shall be addressed to the superintendent or an inspector of the Garda Síochána for the Garda Síochána district within which the place where the warrant is issued is situated.”, and

(ii) the substitution for rule 7 of the following—

“7. (1) Where, in case of distress, any goods of the person against whom the warrant is issued are found in any place for which the Superintendent or Inspector to whom the warrant is addressed acts, then such Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being or any member of the Garda Síochána appointed by any such Superintendent or Inspector shall execute the warrant.

(2) Where the goods of such person cannot be found in any place for which such Superintendent or Inspector acts, but may be found elsewhere within the State, that Superintendent or Inspector or any other Superintendent or Inspector acting in his or her stead for the time being, may certify on the warrant ( Form 26.2 Schedule B) the place where he or she believes that such goods will be found, and shall forthwith transmit the warrant to the Superintendent of the Garda Síochána who acts for the last-mentioned place, and the warrant shall then be executed as if issued in the first instance to the Superintendent or an Inspector who acts for the last-mentioned place.

(3) The provisions of this rule shall apply notwithstanding that such Superintendent or Inspector does not certify on the warrant the place where he or she believes that the said goods will be found, if such place may be ascertained by other means than such certificate.”