District Court (Fees) Order, 1997

• Date: 04 September 1997
• Statutory Instrument No.: 369/1997

S.I. No. 369 of 1997.

DISTRICT COURT (FEES) ORDER, 1997

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936) as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), and with the consent of the Minister for Finance, hereby order as follows: 1. This Order may be cited as the District Court (Fees) Order, 1997. 2. This Order shall come into operation on the 1st day of October, 1997. 3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order. 4. (1) There shall be charged in the District Court in respect of each item specified in column (1) the fee specified in column (2) opposite the mention of the item which shall be recorded by means of a stamp impressed on the document or court fee card as the case may be, specified in column (3) opposite that mention.

(2) In this Article a reference to a column is to a column of any Part of the Schedule to this Order. 5. Fees shall not be payable in any proceedings

( a ) brought under

(i) the Guardianship of Infants Act, 1964 (No. 7 of 1964),

(ii) the Maintenance Orders Act, 1974 (No. 16 of 1974),

(iii) the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976),

(iv) the Family Home Protection Act, 1976 (No. 27 of 1976),

(v) the Status of Children Act, 1987 (No. 26 of 1987),

(vi) the Child Abduction and Enforcement of Custody Orders Act, 1991 (No. 6 of 1991),

(vii) the Child Care Act, 1991 (No. 17 of 1991),

(viii) the Criminal Justice Act, 1993 (No. 6 of 1993),

(ix) the Family Law Act, 1995 (No. 26 of 1995),

(x) the Domestic Violence Act, 1996 (No. 1 of 1996), or

(xi) the Family Law (Divorce) Act, 1996 (No. 33 of 1996),

( b ) brought by a health board under the Children Acts, 1908 to 1989, or

( c ) taken pursuant to the Enforcement of Court Orders Acts 1926 to 1940 for the recovery of any sums due consequent on any proceedings taken under any of the enactment's mentioned in paragraph (a) or (b) of this Article. 6. (1) This Article applies to the following persons

( a ) the Chief State Solicitor,

( b ) a State Solicitor,

( c ) a person employed in the Civil Service [within the meaning of the Civil Service Regulation Act, 1956 (No. 46 of 1956]], as a solicitor

( d ) a member of the Garda Siochana,

( e ) a person authorised by a Minister to engage in the relevant prosecution or proceedings,

( f ) a person authorised by a local authority (within the meaning of the Local Government Act, 1941 (No. 23 of 1941)) to engage in the relevant prosecution or proceedings, and

( g ) a Probation or Welfare Officer employed in the Department of Justice.

(2) A fee shall not be payable under this Order by or in respect of

( a ) any person to whom this Article applies when he or she is engaged -

(i) in a prosecution at the suit of the Attorney General or in any proceedings at the suit of or against the Attorney General,

(ii) in a prosecution at the suit of the Director of Public Prosecutions or in any other proceedings at the suit of the Director of Public Prosecutions,

(iii) in a prosecution by a member of the Garda Siochana,

(iv) in proceedings instituted by the Revenue Commissioners,

(v) in proceedings instituted by a Minister

(vi) in a prosecution at the suit of a local authority under the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975), or

(vii) in proceedings under the Probation of Offenders Act, 1907, or the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983),

( b ) any party represented in any proceedings by the Chief State Solicitor or a State Solicitor acting in that capacity, or

( c ) a witness called on behalf of any party referred to in paragraph (b) of this Article or by a person to whom this Article applies engaged in a case referred to in paragraph (a) of this Article.

(3) In this Article "Minister" means a Minister of the Government or a Minister of State appointed under the Ministers and Secretaries Amendment (No. 2) Act, 1977 (No. 28 of 1977). 7. The District Court (Fees) Order, 1989 ( S.I. No. 343 of 1989 ) and the District Court (Fees) Order, 1991 ( S.I. No. 311 of 1991 ), are hereby revoked.

SCHEDULE

PART I

GENERAL

Item (1) Fee (2) Document or Court Fee Card required to be stamped (3) 1. On the issue of a summons (including a summons issued by a Local Authority under the Housing Acts) against one defendant or against several joint defendants or for the attendance of one or more witnesses £6.00 The original summons. 2. On obtaining a copy of an information, a certified copy of an order, signed entry or other document £6.00 Court fee card. 3. On an application for the removal of a disqualification order £12.00 The application or the notice. 4. On an application for an order, or on a notice of appeal to the District Court (no fee shall be payable for an extension of time for payment of a fine or for an appeal to the Circuit Court) £12.00 The notice or application.

PART II

CIVIL PROCEEDINGS

Item (1) Fee (2) Document or Court Fee Card required to be stamped (3) 1. On the issue of a civil summons £12.00 The original civil summons. 2. On lodging any affidavit (other than an affidavit under Order 45 of the District Court Rules, 1997) £6.00 The affidavit. 3. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum £6.00 The original summons. 4. On the issue of a notice of motion £6.00 The original notice of motion. 5. On the issue of a notice of application for compensation under the Malicious Injuries Act, 1981 £6.00 The original notice of application. 6. On a certificate at the foot of a memorandum for the registration of a decree £6.00 The certificate or court fee card. 7. On the filing of every counterclaim or set off £6.00 The document filed.

PART III

ENFORCEMENT OF COURT ORDERS PROCEEDINGS

Item (1) Fee (2) Document or Court Fee Card required to be stamped (3) 1. On the issue of a summons for attendance of a debtor £6.00 The original order or summons. 2. On the issue of a summons for committal in default of payment or of a variation summons £6.00 The original summons.

PART IV

LICENSING MATTERS

Item (1) Fee (2) Document or Court Fee Card required to be stamped (3) 1. On an application for a declaration under section 15 (1) of the Intoxicating Liquor Act, 1960 £42.00 The application. 2. On an application for a certificate for the grant of a spirit grocer's and/or a retail beer dealer's licence: £42.00 The application (a) consequent on a declaration of intention to apply for certificate £84.00 The application (b) in any other case £42.00 The application 3. On an application for an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act, 1960 £42.00 The notice of intention to apply for certificate. 4. On an application for a certificate of transfer of a licence £18.00 The certificate or court fee card. 5. On the issue of a certificate of renewal of a licence £42.00 The notice of intention to apply for certificate. 6. On an application for a certificate for the grant of a new wholesale beer dealer's licence £24.00 The application 7. On an application for a Special Exemption Order £60.00 The application 8. On an application for a General Exemption Order £24.00 The application 9. On an application for an occasional licence £84.00 The application. 10. On an application for an order under section 19 of the Intoxicating Liquor Act,1960 £84.00 The application 11. On an application for a certificate under section 27 of the Intoxicating Liquor Act, 1960 £120.00 The application 12. On an application for an order under section 10 of the Intoxicating Liquor Act, 1962 £84.00 The application 13 On an application for an authorisation under...