Irish Aviation Authority Act 1993

Documents required to accompany request for enforcement of determination.

52

52. (1) The following documents shall be attached to an application for the enforcement, pursuant to the provisions of this Act, of a determination made in a contracting state other than the State, that is to say—

( a) a certified copy of the determination,

( b) in the case of a determination by a relevant authority (being a court or tribunal) which is made by default, the original or a certified copy of a document establishing that notice of the proceedings was duly served on the person against whom enforcement is sought,

( c) in the case of a determination by a relevant authority (being an administrative authority), a document establishing that the determination was subject to review by a court or tribunal but is no longer so subject because the court or tribunal has made a final decision and has dismissed the appeal concerned or because the appeal concerned has been withdrawn or because the time within which an appeal should be lodged has expired, and

( d) documents establishing that the determination is enforceable in the contracting state where the determination was made and that the person against whom enforcement is sought has received notice of the determination in due time.

(2) If the court so requires, a translation of the documents specified in subsection (1) shall be produced; the translation shall be certified as correct by a person competent to do so.

(3) For the purposes of this Part—

( a) a document, duly certified, which purports to be a copy of a determination of a relevant authority in a contracting state other than the State shall, without further proof, be deemed to be a true copy of that determination, unless the contrary is shown,

( b) the original or a copy of any document specified in paragraph (b), (c) or (d) of subsection (1) shall be evidence of any matter to which the document relates, and

( c) a document provided pursuant to subsection (2) which purports to be a translation of a document specified in subsection (1) and to be certified as correct by a person competent to do so shall, without further proof, be deemed to be such translation, unless the contrary is shown.

(4) A document purporting to be a copy of a determination by a relevant authority shall be deemed to be duly certified if—

( a) in the case of a determination by a court, it purports to bear the seal of that court or to be certified by any person in his capacity as a judge or officer of that court to be a true copy of a determination made by that court, or

( b) in the case of a determination by a relevant authority other than a court, it purports to be certified by any person in his capacity as an officer of that authority to be a true copy of a determination made by that authority.