Circuit Court (Fees) Order, 1989

• Jurisdiction: Ireland
• Citation: IR SI 342/1989
• Year: 1989

S.I. No. 342 of 1989.

CIRCUIT COURT (FEES) ORDER, 1989.

I, RAY BURKE, Minister for Justice, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), and with the consent of the Minister for Finance, hereby order as follows: 1. This Order may be cited as the Circuit Court (Fees) Order, 1989. 2. This Order shall come into operation on the 1st day of January, 1990. 2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order. 4. The fees set out in the second column of the Schedule to this Order shall be charged in Circuit Court Offices in respect of the items set out in the first column. 5. No fees shall be payable in any proceedings brought under the Guardianship of Infants Act, 1964 (No. 7 of 1964), the Maintenance Orders Act, 1974 (No. 16 of 1974), the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976 ), the Family Home Protection Act, 1976 (No. 27 of 1976), the Family Law (Protection of Spouses and Children) Act, 1981 (No. 21 of 1981), or the Status of Children Act, 1987 (No. 26 of 1987), or in respect of the recovery of any sums due under the said Acts. 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 of the State as a Solicitor,

( d ) a member of the Garda Síochána,

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

( f ) a person authorised by a local authority to engage in the relevant prosecution or proceedings, and

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

(2) No fee shall be payable under this Order by or in respect of—

( a ) any person to whom this Article applies when he is engaged—

(i) in a prosecution at the suit of the Attorney General or in any other 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 Síochána,

(iv) in proceedings instituted by a Minister of the Government,

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

( 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. 7. The payment of the fee in relation to each item shall be recorded by means of a stamp impressed on the document, or court fee card as appropriate, mentioned in the third column of the Schedule. 8. The Circuit Court (Fees) Order, 1984 ( S.I. No. 20 of 1984 ), the Circuit Court (Fees) Order, 1985 ( S.I. No. 37 of 1985 ), and the Circuit Court (Fees) Order, 1986 ( S.I. No. 376 of 1986 ), are hereby revoked.

SCHEDULE

FEES IN CIRCUIT COURT OFFICES

PART I —General PART II —Civil Proceedings and all originating proceedings instituted under the Rules. PART III —Appeals —Proceedings under the Licensing Acts and the Registration of Clubs Acts.

PART I

GENERAL

Item Fee Document to be stamped 1. On every affidavit filed ... ... £5.00 The affidavit. 2. On every copy of any document ... ... £3.00 The copy or court fee card. 3. On every copy document sealed, certified or attested a true copy £5.00 The copy or court fee card. 4. On every search ... ... ... £5.00 Court fee card. 5. On every stamping of an unstamped document given in evidence...... £20.00 The requisition to stamp. 6. On every application to the Court ex parte or otherwise not specifically provided for ... ... ... ... £10.00 The application. 7. On every order not otherwise...