S.I. No. 52/1980 -- District Court (Fees) Order, 1980.

S.I. No. 52/1980 -- District Court (Fees) Order, 1980. 1980 52

S.I. No. 52/1980:

DISTRICT COURT (FEES) ORDER, 1980.

I, GERARD COLLINS, 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), with the consent of the Minister for Finance, hereby order as follows:

1. This Order may be cited as the District Court (Fees) Order, 1980.

2. This Order shall come into operation on the 1st day of March, 1980.

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 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, 1978 ( S.I. No. 44 of 1978 ), and the District Court (Fees) (No. 3) Order, 1978 ( S.I. No. 152 of 1978 ), 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 Maintenance Orders Act, 1974 (No. 16 of 1974), and the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976), 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 three 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,

(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,

(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 be 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 .. .. ..	£1.20	The original summons.
2. On obtaining a copy of an information .. .. ..	£ 1.20	Each copy supplied.
3. On obtaining a certified copy of an order, signed entry or other document	£1.20	The copy.
and where the document exceeds five folios of 72 words each, for each additional folio after the fifth .. ..	£0.30
4. On an application for the removal of a disqualification order .. ..	£3.00	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 .. .. ..	£3.00	The application or the notice.

PART II.

CIVIL PROCEEDINGS.

Item	Fee	Document to be stamped
1. On the issue of a civil process ..	£1.20	The original civil process.
2. On lodging any affidavit .. ..	£1.20	The affidavit.
3. On the issue of a decree or dismiss ..	£1.20	The original decree or dismiss.
4. On inspecting and examining the Civil Process Book or Ejectment Book ..	£1.20	The requisition for inspection.
5. On the issue by Clerk of the District Court of a receipt for payment of rent and costs .. .. ..	£0.30	The receipt.
6. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum .. .. .. ..	£1.20	The original summons.
7. On the issue of a notice of motion ..	£1.20	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 .. .. .. ..	£1.00	The copy.
2. On lodging an affidavit grounding an application for an examination order ..	£1.00	The affidavit.
3. On the issue of an examination order ..	£ 1.00	The original order.
4. On the issue of an order for the payment of debt and costs .. ..	£1.00	The original order.
5. On the issue of a summons for commital in default of payment ..	£1.00	The original summons.
6. On the issue of an order for commital	£1.00	The original order.
7. On the issue of a summons for a variation order .. .. ..	£1.00	The original summons.
8. On the issue of a variation order ..	£1.20	The original order.

PART IV.

LICENSING MATTERS.

Item	Fee	Documents to be stamped
1. On an application for a declaration under section 15 (1) of the Intoxicating Liquor Act, 1960 .. ..	£12.00	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 of a declaration ..	£12.00	The notice of intention to apply
(b) in any other case .. ..	£24.00	for a certificate.
3. On obtaining an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act, 1960	£7.00	The licence or other document upon which the endorsement of transfer is made.
4. On an application for a certificate of transfer of a licence .. ..	£12.00	The notice of intention to apply for a certificate.
5. On the issue of a certificate of renewal of licence .. .. ..	£5.00	The certificate.
6. On an application for a certificate for the grant of a new wholesale beer dealer's licence	£12.00	The notice of intention to apply for a certificate.
7. On the issue of a certificate of refusal ..	£1.20	The certificate.
8. On an application for a Special Exemption Order .. .. ..	£7.00	The application.
9. On an application for a General Exemption Order .. .. ..	£14.00	The application.
10. On an application for an occasional Licence..	£6.00	The application.
11. On an application for an order under section 19 of the Intoxicating Liquor Act, 1960 .. .. ..	£24.00	The application.
12. On an application for a certificate under section 27 of the Intoxicating Liquor Act, 1960 .. .. ..	£24.00	The application.
13. On an application for an order under section 10 of the Intoxicating Liquor Act, 1962 .. .. ..	£28.00	The application.
14. On an application for an authorisation under section 14 of the Intoxicating Liquor Act, 1962 .. ..	£24.00	The application.
15. On an application for an order under section 16 of the Intoxicating Liquor Act, 1962 .. .. ..	£19.00	The application.
16. On an application for an order under section 17 of the Intoxicating Liquor Act, 1962 .. .. ..	£6.00	The application.
17. On an application for a declaration under section 16 of the Intoxicating Liquor Act, 1960 .. ..	£5.00	The application.
18. On an application for a restaurant certificate or a limited restaurant certificate .. .. ..	£10.00	The application.
19. On an application for a declaration under section 15 (2) of the Intoxicating Liquor Act, 1960 .. ..	£12.00	The application.
20. On an application for a certificate of registration of a club .. ..	£36.00	The application.
21. On an application for an authorisation for an extension of club hours ..	£8.00	The application.
22. On inspecting the Licensing Register or Clubs Register .. .. ..	£2.50	The requisition for inspection.
23. On an application for a licence to keep petroleum or other substances of a like nature (Petroleum Act, 1871, and Acts amending same) .. .. ..	£3.50	The application.
24. On an application for a moneylender's certificate .. .. ..	£36.00	The application.
25. On an application for a public dancing licence for a period not exceeding one month .. .. ..	£7.00	The application
26. On an application for any other public dancing licence .. .. ..	£36.00	The application.
27. On an application for the variation of the conditions of a public dancing licence	£3.50	The application.
28. On an application for a music and singing licence .. .. ..	£7.00	The application.
29. On an application for a certificate for a gaming licence .. .. ..	£36.00	The application.
30. On an application for a certificate of qualification to carry on the business of auctioneer or house agent ..	£14.00	The application.
31. On an application for any other declaration, certificate or licence ..	£5.00	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 ..	£2.00	The notice.
2. On entering into any recognizance ..	£1.20	The recognizance.
3. In licensing cases, on having forwarded by the Clerk of the District Court to the County Registrar the certificate or order of the Justice .. ..	£1.20	The certificate or order.

PART VI.

CASES STATED.

Item	Fee	Document to be stamped
1. On delivery of a case stated ..	£3.50	The original case stated.
and, where the case exceeds five folios of 72 words each, for each additional folio after the fifth .. ..	£0.30
2. On entering into a recognizance ..	£1.20	The recognizance.
3. On the issue of a certificate of refusal ..	£2.00	The certificate.

PART VII.

PROCEEDINGS UNDER THE RENT RESTRICTIONS ACT, 1960 .

Item	Fee	Document to be stamped
1. On every application .. ..	£2.50	The application.
2. On every order of the Court determining the application .. ..	£2.50	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 ..	£24.00	The notice.

GIVEN under my Official Seal, this 21st day of February, 1980

GERARD COLLINS

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 21st day of February, 1980

MICHAEL O'KENNEDY

Minister for Finance.

EXPLANATORY NOTE

This Order increases the fees at present chargeable in District Court Offices. The present fees are prescribed in the District Court (Fees) Order, 1978, which is revoked by this Order.

This Order provides that fees shall not be payable in any District Court proceedings brought under the Illegitimate Children (Affiliation Orders) Act, 1930 , the Maintenance Orders Act, 1974 and the Family Law (Maintenance of Spouses and Children) Act, 1976 . It also provides that fees shall not be payable by local authorities in District Court proceedings brought by them under the Local Authorities (Traffic Wardens) Act, 1975 . It further provides that no fee shall be payable by a person engaged 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.

It should be noted that under section 25 of the Rent Restrictions Act, 1960 , no court fees are payable by the tenant in any proceedings (including any appeal or case stated) under Part III of that Act.

The Order also 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. 52/1980 -- District Court (Fees) Order, 1980.