District Court (Fees) Order, 1984

• Jurisdiction: Ireland
• Citation: IR SI 21/1984

S.I. No. 21 of 1984.

DISTRICT COURT (FEES) ORDER, 1984.

I, MICHAEL NOONAN, 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 District Court (Fees) Order, 1984. 2. This Order shall come into operation on the 1st day of March, 1984. 3. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order. 4. (1) The fees set out in the second column of the Schedule to this Order shall be charged in the District Court Offices in respect of the items set out in the first column.

(2) The District Court (Fees) Order, 1982 ( S.I. No. 45 of 1982 ), the District Court (Fees)(No. 2) Order, 1982 ( S.I. No. 150 of 1982 ), the District Court (Fees) (Private Rented Dwellings) Order, 1982 ( S.I. No. 299 of 1982 ), and the District Court (Fees) Order, 1983 ( S.I. No. 207 of 1983 ), are hereby revoked. 5. No fees shall be payable in any proceedings brought under the Illegitimate Children (Affiliation Orders) Act, 1930 (No. 17 of 1930), 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 in proceedings brought under the Enforcement of Court Orders Acts, 1926 and 1940, in respect of the recovery of any sums due under any of the six first-mentioned Acts. 6. (1) This article applies to the following persons—

( a ) a state solicitor,

( b ) a person employed in the Civil Service of the State as a solicitor,

( c ) a member of the Garda Síochána,

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

( e ) a witness in the relevant prosecution or proceedings, other than a witness on behalf of the defendant,

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

(2) No fee shall be payable by or in respect of a person to whom this article applies when he is engaged—

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

( b ) 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,

( c ) in a prosecution by a member of the Garda Síochána,

( d ) in proceedings by a Minister of the Government, other than the Minister for Communications,

( e ) in proceedings instituted by, or on the direction of the Revenue Commissioners, or

( f ) in a prosecution or proceedings instituted by a local authority under the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975). 7. The fee in relation to each item shall be taken by means of a stamp affixed to or impressed on the document indicated in the third column of the Schedule. 8. Where the fee is denoted by means of an adhesive stamp, the stamp shall be cancelled by the Clerk of the District Court office who issues or receives the document.

SCHEDULE.

FEES IN DISTRICT COURT OFFICES.

Part I—General.

Part II—Civil Proceedings.

Part III—Enforcement of Court Orders Proceedings.

Part IV—Licensing Matters.

Part V—Appeals to the Circuit Court other than Appeals in Criminal Cases.

Part VI—Cases Stated.

Part VII—Proceedings under the Housing (Private Rented Dwellings) Act, 1982 .

Part VIII—Fees payable in Appeals under the Betting Act, 1931 .

PART I.

GENERAL

Item Fee Document to be stamped £ 1. On the issue of a summons(whether against one defendant or against several joint defendants) or for the attendance of one or more witnesses, other than a witness or witnesses in a criminal proceeding ... ... 2.50 The original summons. 2. On obtaining a copy of an information ... 2.50 Each copy supplied. 3. On obtaining a certified copy of an order, signed entry or other document ... ... ... 2.50 The copy. and, where the document exceeds five folios of 72 words each, for each additional folio after the fifth ... ... 0.50 4. On an application for the removal of a disqualification order ... ... ... 6.50 The application. 5. On an application for an order or on a notice of appeal to the District Court for which no one fee is chargeable under this Order, other than an application for extension of time for payment of a fine or for an appeal to the Circuit Court in a criminal proceeding, and other than an application for the disposal of any boat or fishing engine under the Fisheries Acts, 1959 to 1964, the Foyle Fisheries Acts, 1952 and 1961, or any other Act relating to fisheries ... ... ... 6.50 The application or the notice.

PART II.

CIVIL PROCEEDINGS.

Item Fee Document to be stamped £ 1. On the issue of a civil process 2.50 The original civil process. 2. On lodging any affidavit 2.50 The affidavit 3. On the issue of a decree or dismiss. 2.50 The original decree or dismiss. 4. On inspecting and examining the Civil Process Book or Ejectment Book ... ... 2.50 The requisition for inspection 5. On the issue by the Clerk of the District Court of a receipt for payment of rent and costs 0.50 The receipt. 6. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum 2.50 The original summons. 7. On the issue of a notice of motion ... ... ... 2.50 The original notice of motion. 8. On the issue of a notice of application for compensation under the Malicious Injuries Act, 1981 2.50 The original notice of application. 9. On the issue of a decree for compensation or order refusing compensation under the Malicious Injuries Act, 1981 2.50 The original decree or order refusing compensation. 10. In addition to the fee at item 9 above, on every such decree in respect of an award of a sum of money in excess of £250, for every full £50, in excess of £250 £0.50 The original decree. (but the additional fee chargeable in respect of this item shall not in any case exceed £10.00) 11. On a certificate at the foot of a memorandum for the registration of a decree 2.50 The certificate.

PART III.

ENFORCEMENT OF COURT ORDERS PROCEEDINGS.

Item Fee Document to be stamped £ 1. On obtaining a copy of a statement of means ... ... 2.00 The copy. 2. On lodging an affidavit grounding an application for an examination order ... ... 2.00 The affidavit. 3. On the issue of an examination order 2...