District Court (Fees) Order, 1982

• Jurisdiction: Ireland
• Citation: IR SI 45/1982

S.I. No. 45 of 1982.

DISTRICT COURT (FEES) ORDER, 1982.

I, JIM MITCHELL, 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, 1982. 2. This Order shall come into operation on the 29th day of March, 1982. 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, 1981 ( S.I. No. 91 of 1981 ), is 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 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), and 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 five 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 Posts and Telegraphs,

( 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 Rent Restrictions Act, 1960 . 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 ... £2.00 The original summons. 2. On obtaining a copy of an information ... £2.00 Each copy supplied. 3. On obtaining a certified copy of an order, signed entry or other document ... £2.00 The copy. and, where the document exceeds five folios of 72 words each, for each additional folio after the fifth ... ... ... £0.40 4. On an application for the removal of a disqualification order ... £5.00 The application. 5. On an application for an order or on a notice of appeal to the District Court for which no other 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 Act other relating to fisheries ... £5.00 The application or the notice.

PART II.

CIVIL PROCEEDINGS

Item Fee Document to be stamped 1. On the issue of a civil process ... £2.00 The original civil process. 2. On lodging any affidavit ... £2.00 The affidavit. 3. On the issue of a decree or dismiss ... £2.00 The original decree or dismiss. 4. On inspecting and examining the Civil Process Book or Ejectment Book ... £2.00 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 ... ... £2.00 The original summons. 7. On the issue of a notice of motion ... £2.00 The original notice of motion.

PART III.

ENFORCEMENT OF COURT ORDERS PROCEEDINGS

Item Fee Document to be stamped 1. On obtaining a copy of a statement of means ... ... £1.50 The copy. 2. On lodging an affidavit grounding an application for an examination order ... £1.50 The affidavit. 3. On the issue of an examination order ... £1.50 The original order. 4. On the issue of an order for the payment of debt and costs ... £1.50 The original order. 5. On the issue of a summons for committal in default of payment £1.50 The original summons. 6. On the issue of an order for committal ... £1.50 The original order. 7. On the issue of a summons for a variation order ... ... £1.50 The original summons. 8. On the issue of a variation order £2.00 The original order.

PART IV.

LICENSING MATTERS

Item Fee Document to be stamped 1. On an application for a declaration under section 15 (1) of the Intoxicating Liquor Act, 1960 ... £20.00 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: (a) consequent on a declaration £20.00 The notice of intention to apply for...