Court Rules

1. (1) These Rules, which may be cited as the District Court (Criminal Justice (Money Laundering and Terrorist Financing) Act 2010) Rules 2011, shall come into operation on the 4th day of January 2012.

(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 2011.

2. The District Court Rules 1997 are amended:

(...)

(ii) by the insertion immediately following rule 15 of Order 38 of the following heading and rules:

“Orders under Part 3 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010

16. In this rule and rules 17 and 18, “the Act” means the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6 of 2010).

17. An application by a member of the Garda Síochána for an order under sub-section (2) of section 17 of the Act ordering a person not to carry out a specified service or transaction shall be made to a Judge of the District Court assigned to the district in which the order is proposed to be served. Such application shall be by the information on oath and in writing of the applicant, in the  Form 38.22, Schedule B.

Where the application is for a second or subsequent order in relation to a particular service or transaction, there shall be produced with the information a copy of any previous order of the Court in relation to that service or transaction. An order of the Court under sub-section (2) of section 17 of the Act shall be in the  Form 38.23, Schedule B.

18. (1) An application to a Judge of the Court under section 19 of the Act to revoke an order or direction made under section 17 of the Act, or an application under section 20 of the Act for an order in relation to any of the property concerned in an order or direction made under section 17 of the Act shall be made to a Judge of the District Court assigned to the district in which the order or direction was made. Such application shall be preceded by the issue of a notice of application, in the  Form 38.24, Schedule B, and service of a copy of that notice, in the manner provided by Order 10, upon the member of the Garda Síochána on whose application the order under section 17 of the Act was made.

(2) Unless the Court permits otherwise, notice of such application shall be served at least four days before the date fixed for the hearing of the application, and the original notice of application together with a statutory declaration as to the service of copy of the notice shall be lodged with the Clerk at least forty eight hours before the date of the hearing.

(3) Where it seems appropriate to the Court to so direct, in any application under section 19 or section 20 of the Act, the Court may direct that any person affected by the direction or order who was not given notice of the application be joined in, or put on notice of, the application.

(4) An order of the Court under section 20 of the Act shall be in the  Form 38.25, Schedule B.

(5) Notwithstanding Order 10, the Court may authorise or direct service of any notice of application for an order, or order made, under section 17, section 19 or section 20 of the Act by any means referred to in section 110 of the Act.”.

3. (2) The Forms numbered 38.22 to 38.25 inclusive in the Schedule shall be added to the Forms in Schedule B to the District Court Rules 1997, immediately following Form 38.21.