S.I. No. 217/1999 -- District Court [Housing (Miscellaneous Provisions) Act, 1997] Rules, 1999.

S.I. No. 217/1999 -- District Court [Housing (Miscellaneous Provisions) Act, 1997] Rules, 1999. 1999 217

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STATUTORY INSTRUMENTS.

S.I. No. 217 of 1999.

DISTRICT COURT [HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997] RULES, 1999.

S.I. No. 217 of 1999.

DISTRICT COURT [HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997] RULES, 1999.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924, section 72 of the Courts of Justice Act, 1936 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court:--

1. These Rules may be cited as the District Court [Housing (Miscellaneous Provisions) Act, 1997] Rules, 1999.

2. These Rules shall come into operation on the 26th day of July 1999, and shall be read together with all other District Court Rules for the time being in force.

3. The following Order shall be added to the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) after Order 99.

“ORDER 99A

PROCEDURE UNDER HOUSING

(MISCELLANEOUS PROVISIONS) ACT, 1997.

Definitions.

1. In this Order--

“the Act” means the Housing (Miscellaneous Provisions) Act, 1997 , as amended.

“house” has the meaning assigned to it by the Housing (Miscellaneous Provisions) Act, 1992 .

“site” has the meaning assigned to it by the Housing (Traveller Accommodation) Act 1998.

Venue.

2. Proceedings under the Act may be brought, heard and determined before a sitting of the District Court for the Court District where there is situate the house or site in relation to which an application under section 3, 3A, 4 or 9 of the Act is being made.

Proceedings may be heard otherwise than in public.

3. Proceedings under section 3, 3A, 4 or 9 of the Act may be heard otherwise than in public.

Excluding Orders.

4. (1) An application to the Court under section 3 of the Act for an excluding order shall be preceded by the issue of a notice in the Form 99A.1, Schedule C.

(2) Such notice shall be served upon the respondent in the manner provided by subsection (1)(a) of section 2 of the Act, at least 21 days before the date for hearing of the application.

(3) A copy of the notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date for hearing the application.

(4) The order of the Court granting the application shall be in the Form 99A.2, Schedule C.

Site Excluding Orders.

5. (1) An application to the court under section 3A of the Act for a site excluding order shall be preceded by the issue of a notice in the Form 99A.3, Schedule C.

(2) Such notice shall be served upon the respondent in the manner provided by subsection (1)(a) of section 2 of the Act, at least 21 days before the date for hearing of the application.

(3) A copy of the notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date for hearing the application.

(4) The order of the Court granting the application shall be in the Form 99A.4, Schedule C.

Interim Excluding Orders/Site Excluding Orders

6. (1) Where an interim excluding order or site excluding order is made under the terms of section 4 of the Act on the occasion of the making of an application for an excluding order or site excluding order, it may be made on the evidence of the applicant viva voce and on oath.

(2) Where an interim excluding order or interim site excluding order is made under the terms of section 4 of the Act between the making of an application for an excluding order or site excluding order and its determination, it shall be made on the information on oath and in writing of the applicant in the Form 99A.5, Schedule C.

(3) Where the Court in exceptional cases considers it necessary or expedient in the interests of justice, an interim excluding order or interim site excluding order may be made ex parte or notwithstanding the fact that the notice referred to in rule 4/5 of this Order has not been served.

(4) The order of the Court shall be in the Form 99A.6, Schedule C

Vary Excluding Site Excluding Interim Excluding/Site Excluding Orders.

7. (1) An application to the Court under

(a) subsection (5) of section 3 of the Act to vary an excluding order,

(b) subsection (5) of section 3 of the Act as applied by subsection (2) of section 4 of the Act to vary an interim excluding order

shall be preceded by the issue of a notice in the Form 99A.7.

(2) Such notice shall be served upon the respondent in the manner provided by subsection (1)(a) of section 2 of the Act, at least 21 days before the date for hearing of the application.

(3) A copy of the notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date for hearing the application.

(4) The order of the Court granting the application shall be in the Form 99A.8.

Discharge Excluding Site Excluding or Interim Excluding/Site Excluding Orders.

8. (1) An application to the Court under subsection (1) of section 9 of the Act to discharge an excluding order, site excluding order, interim excluding order or interim site excluding order shall be preceded by the issue of a notice in the Form 99A.9, Schedule C.

(2) Such notice shall be served upon the respondent in the manner provided by subsection (1)(a) of section 2 of the Act, at least 21 days before the date for hearing of the application.

(3) A copy of the notice together with a statutory declaration as to service thereof shall be lodged with the Clerk at least four days before the date for hearing the application.

(4) The order of the Court granting the application shall be in the Form 99A.10, Schedule C.

Clerk to supply copies of order

9. (1) Where the Court makes, varies or discharges an excluding order, site excluding order, interim excluding order or interim site excluding order the Clerk shall give or send a certified copy of the order in question as soon as practicable to--

(a) the applicant concerned,

(b) the respondent,

(c) the housing authority and health board in whose functional area the house or site in respect of which the application for the order was made is situate,

by ordinary prepaid post and

(d) the member of the Garda Síochána in charge of the Garda Síochána Station for the area in which the house or site in relation to which the application for the order was made is situate

by prepaid registered post.

Clerk to notify gardai when Interim Excluding/Site Excluding orders ceases to have effect.

10. Where an interim excluding order or interim site excluding order has been made and the application for an excluding order or site excluding order has been determined, the Clerk shall send notice in the Form 99A.11, Schedule C, that the interim excluding order or interim site excluding order has ceased to have effect, by prepaid registered post to the member of the Garda Síochána referred to in Rule 8 hereof.

Effect of appeal from orders

11. (1) Notwithstanding the provisions of Order 25, r.9(4) and Order 101 of these Rules and that an appellant has entered into a recognisance for appeal,

(a) an appeal from an excluding order or site excluding order shall, if the court that made the order or the court to which the appeal is brought so determines (but not otherwise), stay the operation of the order on such terms (if any) as may be imposed by the court making the determination;

(b) an appeal from an interim excluding order or interim site excluding order shall not stay the operation of the order.

(2) (a) An application to the District Court to stay the operation of an excluding order or site excluding order under the terms of section 8 of the Act, may be made following the service and lodgement of a notice of appeal and lodgement of the recognisance of appeal and when made otherwise than upon the occasion of the making of that order shall be preceded by the issue of a notice in the Form 99A.12, Schedule C, which shall be served upon the respondent to the application two days before the hearing of the application.

(b) Where the Court grants a stay on the operation of an excluding order or site excluding or under this Rule, and the Clerk has supplied the copies of the orders as directed by Rule 8 of this Order, the Clerk shall send notification of the granting of the stay in the Form 99A.13, Schedule C, to the same persons and in the manner directed by Rule 8 of this Order.”

4. The Forms numbered 99.1 to 99.13 hereafter shall be added to the Forms listed in Schedule C to the District Court Rules, 1997. (S.I. 93 of 1997)

Schedule C

0.99A,r.4(1)

No.99A.1

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 3

APPLICATION FOR AN EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

...................................................... Applicant

.................................................. Respondent

TAKE NOTICE that application will be made to the District Court to be held at .......................on the .......... day of .................. 19 ......, at ..........m. by the applicant who is

^* a tenant of a house let to him/her by a housing authority

^* a housing authority which has provided a house under the Housing Acts, 1966 to 1998,

for an excluding order against you, the respondent pursuant to the provisions of section 3 of the above-mentioned Act,

^* directing you to leave the house at ....................... ^* (in the Court District aforesaid) and

^* prohibiting you from entering or being in the vicinity of that house or any other house to be specified in the order of the Court or being in or in the vicinity of any housing estate specified in the order of the Court.

Dated this ...........day of ............................19 ......

.................................^* Applicant

Respondent.

Schedule C

0.99A,r.4(4) No.99A.2

No.99A.2

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 3

EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

...................................................... Applicant

.................................................. Respondent

THE APPLICATION of the above-named applicant who is

^* a tenant of a house let to him/her by a housing authority

^* a housing authority which has provided a house under the Housing Acts, 1966 to 1998,

for an excluding order in relation to the house at.......................................................... in the Court District aforesaid pursuant to the provisions of section 3 of the above-mentioned Act coming, by notice duly served, before the Court on this date and being of opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour;

NOW THE COURT HEREBY

^* DIRECTS you, the respondent to leave the house in respect of which the application was made and

^* PROHIBITS you from entering or being in the vicinity of that house

^* or (here specify any other house)

^* or being in or in the vicinity of (here specify housing estate)

for the period during which the order is in force;

^* AND FURTHER PROHIBITS you from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the tenant or other occupant of any house concerned. This order shall remain in force for a period of

Dated this .............day of ................................19 ........

.............................................

Judge of the District Court

Respondent.

Schedule C

0.99A.r.5(1)

No.99A.3

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 3A

APPLICATION FOR A SITE EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

TAKE NOTICE that application will be made to the District Court to be held at .................... on the ......day of ............ 19......, at .........m. by the applicant who is

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a site under the Housing Acts 1966 to 1998

for a site excluding order against you, the respondent pursuant to the provisions of section 3A of the above-mentioned Act,

^* directing you to leave the site at ............................................................ . ^* (in the Court District aforesaid) and

^* prohibiting you from entering or being in the vicinity of that site or any other site to be specified in the order of the Court or being in or in the vicinity of any site specified in the order of the Court.

Dated this .................day of ....................................19 ........

Respondent.

Schedule C

0.99A,r.5(4)

No.99A.4

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 3A

SITE EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

THE APPLICATION of the above named applicant who is ^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a site under the Housing Acts, 1966 to 1998, for a site excluding order in relation to the site at ....................................... in the Court District aforesaid pursuant to the provisions of section 3A of the above-mentioned Act coming, by notice duly served, before the Court on this date and being of opinion that there are reasonable grounds for believing that the respondent is or has been engaged in anti-social behaviour;

NOW THE COURT HEREBY

^* DIRECTS you, the respondent to leave the site in respect of which the application was made and

^* PROHIBITS you from entering or being in the vicinity of that site

^* or (here specify any other site)

^* or being in or in the vicinity of (here specify site)

for the period during which the order is in force;

^* AND FURTHER PROHIBITS you from causing or attempting to cause any intimidation, coercion, harassment, or obstruction of, threat to, or interference with the authorised occupier or other occupant of any site concerned.

^* REQUIRES^* PERMITS you to remove any caravan owned and occupied by you from the site in respect of which the application was made. This order shall remain in force for a period of ........

Dated this ...............day of ............19 ...........

........................................

Judge of the District Court

Respondent.

Schedule C

0.99A,r.6(2)

No.99A.5

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 4

INFORMATION

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

the information of ^* the above-named applicant of ............................................................ ......................................................

who is	^* the tenant of a house let to him/her by a housing authority
	^* an authorised occupier of a caravan on a site
	^* an officer of a housing authority which has provided a house or site under the Housing Acts, 1966 to 1998

who says on oath:--

On the ........... day of ....................... 19 ......., I caused a notice for hearing at .................... District Court on the ........... day of .................. 19 ......, at ...........m. to be issued against the above-named respondent of .............................., applying for an ^* excluding^* site excluding order against the respondent pursuant to the provisions of section 4 of the above-mentioned Act

^* directing the respondent to leave the ^* house^* site at ............................................................ .................................................

^* (in the Court District aforesaid) and

^* prohibiting the respondent from entering or being in the vicinity of that ^* house ^* site or any other ^* house ^* site to be specified in the order of the Court or being in the vicinity of any ^* housing estate

^* site specified in the order of the Court on the grounds:--

and I say that there is an immediate risk of significant harm to ^* me^* the tenant ^* authorised occupier^* or other occupant of the ^* house^* site if the order is not made immediately.

Signed .......................

Informant

Sworn before me this ......... day of ....................... 19.....

Signed .....................................

Judge of the District Court

Schedule C

0.99A,r.6(4)

No.99A.6

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 4

INTERIM ^* EXCLUDING^* SITE EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

...................................................... Applicant

.................................................. Respondent

WHEREAS ^* the applicant above named of ............................................................ ............................................. who is

^* the tenant of a house let to him/her by a housing authority

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a ^* house^* site under the Housing Acts, 1966 to 1998

^* has issued a notice of application for an ^* excluding ^* site excluding order under the provisions of section 4 of the above-mentioned Act

^* the Court, in this exceptional case, considers it necessary or expedient in the interests of justice to make this order ex parte or notwithstanding the fact that the notice of application required by Order 99A Rule ^* 4 ^* 5 has not been served,

AND WHEREAS the Court, on the evidence given is of opinion that there is an immediate risk of significant harm to ^* the applicant ^* the tenant ^* authorised occupier^* or other occupant of the ^* house^* site if this order is not made immediately;

NOW THE COURT HEREBY

^* DIRECTS YOU, the respondent to leave the ^* house^* site in respect of which the application was made and

^* PROHIBITS you from entering or being in the vicinity of that ^* house^* site

^* or (here specify any other house or site)

^* or being in or in the vicinity of (here specify housing estate or site)

for the period during which the order is in force;

This order shall remain in force for a period of

Dated this ........... day of .................... 19.........

Signed .....................................

Judge of the District Court

Respondent

Schedule C

0.99A,r.7(1)

No.99A.7

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section ^* 3(5) ^* 4(2) ^* 3A(5)

APPLICATION TO VARY AN ^* INTERIM^* SITE^*

EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

TAKE NOTICE that application will be made to the District Court to be held at .................. on the ......... day of ................... 19....., at ......m. by the applicant who is

^* a tenant of a house let to him/her by a housing authority

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a ^* house^* site under the Housing Acts, 1966 to 1998,

^* the respondent to the ^* interim^* excluding^* site excluding order

to have the ^* interim^* excluding ^* site excluding order made under the provisions of section ^* 3 ^* 3A ^* 4 of the above-mentioned Act by the District Court at ................ on the ......... day of .................. 19......, varied as follows:--

Dated this .............. day of ........................ 19........

.........................................

the respondent to this application.

Schedule C

0.99A,r.7(4)

No.99A.8

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section ^* 3(5) ^* 4(2)

ORDER VARYING AN ^* INTERIM^* SITE^* EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

THE APPLICATION of the above-named applicant who is

^* a tenant of a house let to him/her by a housing authority

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a ^* house^* site under the Housing Acts, 1996 to 1998,

^* the respondent to the ^* interim^* excluding^* site excluding order

to have the ^* interim^* excluding ^* site excluding order made under the provisions of section ^* 3 ^* 3A ^* 4 of the above-mentioned Act by the District Court at ................... on the ............ day of ................... 19......, varied coming by notice duly served before the Court on this date, THE COURT, having considered the evidence tendered HEREBY VARIES the order as follows:--

Dated this ........... day of ................ 19......

................................................

Judge of the District Court

Schedule C

0.99A,r.8(1)

No.99A.9

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 9

APPLICATION TO DISCHARGE AN ^* INTERIM^* SITE EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

TAKE NOTICE that application will be made to the District Court to be held at .................. on the .......... day of ................ 19........, at .........m. by the applicant who is

^* a tenant of a house let to him/her by a housing authority

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a ^* house^* site under the Housing Acts, 1966 to 1998,

^* the respondent to the ^* interim^* excluding^* site excluding order

to have the ^* interim^* excluding ^* site excluding order made under the provisions of section ^* 3^* 3A^* 4 of the above-mentioned Act by the District Court at ................ on the ......... day of ............. 19........., discharged.

Dated this ............ day of .................... 19.......

.......................................

the respondent to this application.

Schedule C

0.99A,r.8(4)

No.99A.10

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

section 9

ORDER DISCHARGING AN ^* INTERIM ^* SITE EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

THE APPLICATION of the above-named applicant who is

^* a tenant of a house let to him/her by a housing authority

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a house under the Housing Acts, 1966 to 1998,

^* the respondent to the ^* interim^* excluding ^* site excluding order

to have the ^* interim^* excluding ^* site excluding order made under the provisions of section ^* 3^* 3A ^* 4 of the above-mentioned Act by the District Court at ................. on the ............ day of ............... 19......, discharged coming by notice duly served before the Court on this date, THE COURT, having considered the evidence tendered and being of opinion that the circumstances no longer require that the order shall continue in force;

HEREBY ORDERS that the ^* interim^* excluding ^* site excluding order be discharged.

Dated this ............. day of ................ 19.....

................................................

Judge of the District Court

Schedule C

0.99A,r.10

No.99A.11

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

NOTICE THAT INTERIM ^* SITE^* EXCLUDING ORDER HAS CEASED TO HAVE EFFECT

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

of ............................................................ .....

.................................................. Respondent

of ............................................................ .....

TAKE NOTICE that the interim ^* excluding ^* site excluding order made in the above matter ............. on the ........... day of .................19......., has now ceased to have effect.

Dated this ..............day of ............. 19......

Signed.......................

District Court Clerk

To the member in charge

of the Garda Síochána Station

at ........................................

Schedule C

0.99A,r.11(2)(a)

No.99A.12

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

APPLICATION FOR A STAY ON THE OPERATION OF AN ^* EXCLUDING^* SITE EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

TAKE NOTICE that the applicant who is

^* a tenant of a house let to him/her by a housing authority

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a house under the Housing Acts, 1966 to 1998,

^* the respondent to the ^* excluding^* site excluding order

will apply at the sitting of the District Court at ............ on the ........... day of .............. 19........, for a stay on the operation of the ^* excluding^* site excluding order made on the .............. day of .................... 19....... under the terms of section 8 of the above-mentioned Act.

The ............. day of ................. 19.......

Signed ...................................

^* Solicitor for ^* Applicant^* Respondent

To ..........................

of ...........................

^* applicant^* respondent

Schedule C

0.99A,r.11(2)(b)

No.99A.13

AN CHUIRT DUICHE

THE DISTRICT COURT

HOUSING (MISCELLANEOUS PROVISIONS) ACT, 1997

ORDER STAYING OPERATIONS OF A *SITE* EXCLUDING ORDER

^* District Court Area of	^* District No.
^* Dublin Metropolitan District

..................................................... Applicant

.................................................. Respondent

THE APPLICATION of the applicant who is

^* a tenant of a house let to him/her by a housing authority

^* an authorised occupier of a caravan on a site

^* a housing authority which has provided a ^* house^* site under the Housing Acts, 1966 to 1998,

^* the respondent to the ^* excluding^* site excluding order

for a stay on the operation of the ^* excluding^* site excluding order made on the ............. day of ..................... 19....... under the terms of section 8 of the above-mentioned Act coming by notice duly served before the Court on this date,

THE COURT, having considered the evidence tendered,

HEREBY ORDERS a stay on the operation of the said ^* excluding^* site excluding order pending the appeal lodged ^* subject to the following terms:--

Dated this ........... day of .................. 19.......

................................................

Judge of the District Court

	Given this 8th day of March, 1999.
John Garavan.
Gillian M. Hussey.
Uinsin Mac Gruairc.
John P. Brophy.
Sean McMullin.
Olive Caulfield.

I concur in the making of the foregoing Rules.

Dated this 14th day of July, 1999.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Rules describe the procedure to be followed in application to the District Court for exclusion, site exclusion and other allied orders under the Housing (Miscellaneous Provisions) Act, 1997 as amended by the Housing (Traveller Accommodation) Act, 1998 .

^*Delete where inapplicable.

^*Solicitor for Applicant

^*Delete where inapplicable.

^*Applicant

Solicitor for Applicant

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Solicitor for Applicant

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^* Applicant

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^*Delete where inapplicable.

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^*Applicant

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^*Delete where inapplicable.

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	Irish Statutory Instruments
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Irish Statutory Instruments

S.I. No. 217/1999 -- District Court [Housing (Miscellaneous Provisions) Act, 1997] Rules, 1999.