District Court (Fees) Order 2013. S.I. No. 241/2013

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S.I. No. 241/2013 - District Court (Fees) Order 2013.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th July, 2013.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 65 (as amended by section 66 of the Civil Law (Miscellaneous Provisions) Act 2011 (No. 23 of 2011)) of the Courts of Justice Act 1936 (No. 48 of 1936) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 138 of 2011 )), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

1. (1) This Order may be cited as the District Court (Fees) Order 2013.

(2) This Order shall come into operation on 10 July 2013.

2. There shall be charged in the offices of the District Court, in respect of each item specified in column (1) of each Part of the Schedule, the fee set out in column (2) of the Part concerned opposite the mention of that item.

3. No fee shall be payable under this Order in-

(a) any family law proceedings, other than in respect of the item specified, at reference number 3, in column (1) of Part 1 of the Schedule,

(b) any matrimonial cause or matter, or

4. (1) No fee shall be payable under this Order by or on behalf of-

(a) the Attorney General, in proceedings to which he or she is a party,

(b) the Director of Public Prosecutions, in proceedings to which he or she is a party,

(d) a Minister of the Government, in proceedings brought by the Minister of the Government concerned,

(e) the Revenue Commissioners, in proceedings brought by them,

(f) a local authority, in proceedings under the Local Authorities (Traffic Wardens) Act 1975 (No. 14 of 1975), or

(g) a probation and welfare officer, in proceedings under the Probation of Offenders Act 1907 or the Criminal Justice (Community Service) Acts 1983 and 2011.

(2) No fee shall be payable under this Order by or on behalf of any person represented in proceedings (whether civil or criminal) by-

(a) the Chief State Solicitor,

(b) the Chief Prosecution Solicitor, or

(3) No fee shall be payable under this Order in respect of a witness called to give evidence in proceedings to which this Article applies by or on behalf of a person to whom this Article applies.

5. The District Court (Fees) Order 2012 ( S.I. No 108 of 2012 ) is revoked.

SCHEDULE

PART 1General

	Item(1)	Fee(2)
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	€15.00
2	On obtaining a copy of any information, a certified copy of an order, signed entry or other document	€15.00
3	On obtaining a second or subsequent copy order in family law proceedings, in respect of each such copy	€15.00
4	On an application for the removal of a disqualification order	€55.00
5	On an application for an order, or on a notice of appeal to the District Court	€25.00 (no fee shall be payable for an extension of time for payment of a fine or for an appeal to the Circuit Court)

PART 2Civil Proceedings

	Item(1)	Fee(2)
1	On the issue of a civil summons	€22.00
2	On lodging any affidavit (other than an affidavit under Order 45 of the District Court Rules 1997)	€15.00
3	On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum	€15.00
4	On the issue of a notice of motion	€15.00
5	On the issue of a notice of application for compensation under the Malicious Injuries Act 1981	€15.00
6	On a certificate at the foot of a memorandum for the registration of a decree	€15.00
7	On the filing of every counterclaim or set off	€15.00
8	On an application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority	€20.00

PART 3Enforcement of Court Orders proceedings

	Item(1)	Fee(2)
1	On the issue of a summons for attendance of a debtor	€15.00
2	On the issue of a summons for committal in default of payment or of a variation summons	€15.00

PART 4Licensing Matters

	Item(1)	Fee(2)
1	On an application for a declaration under section 15 (1) of the Intoxicating Liquor Act 1960	€150.00
2	On an application for a certificate for the grant of a spirit grocers or a retail beer dealers licence-
	(a) consequent on a declaration of intention to apply for a certificate,	€150.00
	(b) in any other case	€150.00
3	On an application for an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act 1960	€150.00
4	On an application for a certificate of transfer of a licence	€150.00
5	On the issue of a certificate of renewal of a licence	€150.00
6	On an application for a certificate for the grant of a new wholesale beer dealers licence	€150.00
7	On an application for a Special Exemption Order	€300.00
8	On an application for a General Exemption Order	€150.00
9	On an application for an occasional licence	€150.00
9a	On an application under section 23 of the Intoxicating Liquor Act 2000 for the licensing of an Authorised Event at a racecourse or greyhound track	€150.00
10	On an application for an order under section 19 of the Intoxicating Liquor Act 1960	€150.00
10a	On an application for an order under section 20 (2) of the Intoxicating Liquor Act 2000	€150.00
10b	On an application for an order under section 20 (3) of the Intoxicating Liquor Act 2000	€150.00
11	On an application for a certificate under section 27 of the Intoxicating Liquor Act 1960	€150.00
12	On an application for an order under section 10 of the Intoxicating Liquor Act 1962	€750.00
13	On an application for an authorisation under section 14 of the Intoxicating Liquor Act 1962	€150.00
14	On an application for an order under section 16 of the Intoxicating Liquor Act 1962	€150.00
15	On an application for an order under section 17 of the Intoxicating Liquor Act 1962	€150.00
16	On an application for a declaration under section 16 of the Intoxicating Liquor Act 1960	€150.00
16a	On an application for a restaurant certificate or a limited restaurant certificate	€150.00
17	On an application for a declaration under section 15 (2) of the Intoxicating Liquor Act 1960	€150.00
18	On an application for a certificate of registration of a club	€150.00
19	On an application for an authorisation for an extension of club hours	€150.00
20	On inspecting the Licensing Register or Clubs Register	€35.00
21	On an application for a public dancing licence for a period not exceeding one month	€150.00
22	On an application for any other public dancing licence	€335.00
23	On an application for a music and singing licence	€150.00
24	On an application for a certificate for a gaming licence	€150.00
25	On an application for a certificate of qualification to carry on the business of auctioneer or house agent	€150.00
26	On an application for a lottery licence under section 28 of the Gaming and Lotteries Act 1956	€150.00
27	On an application for any other order, declaration, certificate or licence in licensing matters	€150.00
28	On lodging a notice of objection to the renewal of an Intoxicating Liquor Licence	€35.00

PART 5

Appeals to Circuit Court other than Appeals in Criminal Cases

	Item(1)	Fee(2)
1	On lodgement with the Clerk of the District Court of the notice of appeal	€25.00

PART 6

Cases Stated

	Item(1)	Fee(2)
1	On delivery of a case stated	€25.00

PART 7

Proceedings under Housing (Private Rented Dwellings) Act 1982

	Item(1)	Fee(2)
1	An application under the above Act (including an appeal under section 26(5))	€15.00
2	An order determining an application referred to at reference number 1 of this column.	€15.00

PART 8

Appeals under Betting Act 1931

	Item (1)	Fee (2)
1	On every notice of appeal under section 13 of the Betting Act 1931	€165.00

PART 9

Small Claims Procedure

	Item(1)	Fee(2)
1	On lodging an application with the Small Claims Registrar	€25.00
2	On lodging a Notice of Dispute with a counterclaim with the Small Claims Registrar	€25.00

The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

4 July 2013.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

GIVEN under my Official Seal,

4 July 2013.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This order revokes the District Court (Fees) Order, 2012 ( S.I. No 108 of 2012 ).

This order provides for the fees to be charged in District Court offices with effect from 10 July 2013.

In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.

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Irish Statutory Instruments

S.I. No. 241/2013 - District Court (Fees) Order 2013.