S.I. No. 21/1984 -- District Court (Fees) Order, 1984.

S.I. No. 21/1984 -- District Court (Fees) Order, 1984. 1984 21

S.I. No. 21/1984:

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	2.00	The original order.
4. On the issue of an order for the payment of debt and costs ...	2.00	The original order.
5. On the issue of a summons for committal in default of payment	2.00	The original summons.
6. On the issue of an order for committal ...	2.00	The original order.
7. On the issue of a summons for a variation order ... ...	2.00	The original summons.
8. On the issue of a variation order ... ... ... ...	2.50	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	25.00	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 ... ...	25.00	The notice of intention to apply for certificate.
( b ) in any other case ... ...	50.00
3. On an application for an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act, 1960	15.00	The application.
4. On an application for a certificate of transfer of a licence	25.00	The notice of intention to apply for certificate.
5. On the issue of a certificate of renewal of a licence ... ...	10.00	The certificate.
6. On an application for a certificate for the grant of a new wholesale beer dealer's licence	25.00	The notice of intention to apply for certificate.
7. On the issue of a certificate of refusal ... ..	2.50	The certificate.
8. On an application for a Special Exemption Order ...	15.00	The application.
9. On an application for a General Exemption Order ...	31.00	The application.
10. On an application for an occasional licence ... ...	12.50	The application.
11. On an application for an order under section 19 of the Intoxicating Liquor Act, 1960	50.00	The application.
12. On an application for a certificate under section 27 of the Intoxicating Liquor Act, 1960	50.00	The application.
13. On an application for an order under section 10 of the Intoxicating Liquor Act, 1962	56.00	The application.
14. On an application for an authorisation under section 14 of the Intoxicating Liquor Act, 1962	50.00	The application.
15. On an application for an order under section 16 of the Intoxicating Liquor Act, 1962	38.00	The application.
16. On an application for an order under section 17 of the Intoxicating Liquor Act, 1962	12.50	The application.
17. On an application for declaration under section 16 of the Intoxicating Liquor Act, 1960	10.00	The application.
18. On an application for a restaurant certificate or a limited restaurant certificate ... ...	20.00	The application.
19. On an application for a declaration under section 15 (2) of the Intoxicating Liquor Act, 1960	25.00	The application.
20. On an application for a certificate of registration of a club	75.00	The application.
21. On an application for an authorisation for an extension of club hours ... ... ...	16.00	The application.
22. On inspecting the Licensing Register or Clubs Register ...	5.00	The requisition for inspection.
23. On an application for a money-lender's certificate ...	75.00	The application.
24. On an application for a public dancing licence for a period not exceeding one month ...	15.00	The application.
25. On an application for any other public dancing licence ...	75.00	The application.
26. On an application for the variation of the conditions of a public dancing licence ... ...	7.50	The application.
27. On an application for a music and singing licence ... ...	15.00	The application.
28. On an application for a certificate for a gaming licence ...	75.00	The application.
29. On an application for a certificate of qualification to carry on the business of auctioneer or house agent ... ... ...	31.00	The application.
30. On an application for any other declaration, certificate or licence ... ... ... ...	10.00	The application.

PART V.

APPEALS TO THE CIRCUIT COURT OTHER THAN APPEALS IN CRIMINAL CASES.

Item	Fee	Document to be stamped
	£
1. On lodgement with the Clerk of the District Court of the notice of appeal ... ... ...	4.50	The notice.
2. On entering into any recognizance ... ... ...	2.50	The recognizance.
3. In licensing cases, on having forwarded by the Clerkof the District Court to the County Registrar the certificate or order of the Justice...	2.50	The certificate or order.

PART VI

CASES STATED.

Item	Fee	Document to be stamped
	£
1. On delivery of a case stated .......... and, where the case exceeds five folios of 72 words wach, for each additional folio after the fifth ...	7.50 0.50	The original case stated.
2. On entering into a recognizance ... ... ...	2.50	The recognizance.
3. On the issue of a certificate of refusal ... ...	4.50	The certificate.

PART VII.

PROCEEDINGS UNDER THE HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982 .

Item	Fee	Document to be stamped
	£
1. An application under the above Act (including an appeal under section 26(5) ) ... ...	5.00	The application or the notice of appeal
2. Order determining an application referred to at 1. ... ...	5.00	The order.

PART VIII.

APPEALS UNDER THE BETTING ACT, 1931 .

Item	Fee	Document to be stamped
1. On every notice of appeal under section 13 of the Betting Act, 1931 ... ... ...	50.00	The notice.

GIVEN under my Official Seal, this 25th day of January, 1984.

MICHAEL NOONAN,

Minister for Justice.

The Minister for Finance consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this

25th day of January, 1984.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

This order increases, as from 1st March, 1984, the fees at present authorised to be charged in District Court Offices. The present fees are prescribed in the District Court (Fees) Order, 1982 ( S.I. No. 45 of 1982 ) as amended by 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 ) which is revoked by this Order.

The Order provides that the fees in all cases may be taken by either adhesive stamps or impressed stamps.

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Irish Statutory Instruments

S.I. No. 21/1984 -- District Court (Fees) Order, 1984.