STATUTORY INSTRUMENT

S.I. No. 486 OF 2001

CIRCUIT COURT (FEES)(No. 2) ORDER, 2001

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S.I. No. 486 OF 2001

CIRCUIT COURT (FEES)(No. 2) ORDER, 2001

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 ( No. 48 of 1936 ), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ), and with the consent of the Minister for Finance, hereby order as follows:

1.       (1)      This Order may be cited as the Circuit Court (Fees)(No. 2) Order, 2001.

(2)      This Order shall come into operation on the 1st January, 2002.

2.        The Interpretation Act, 1937 (No. 38 of 1937) , applies to this Order.

3.       There shall be charged in the offices of the Circuit Court, in respect of each item set out in column (1) of the Schedule to this Order, the fee set out in column (2) of that Schedule opposite the mention of the item in the said column (1).

4.       No fee shall be payable under this Order in any family law proceedings, in any matrimonial cause or matter, or in proceedings brought by a health board or health authority in any matter relating to minors.

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

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

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

(c)      a member of the Garda Síochána, in proceedings for an offence brought by the member concerned,

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

(e)      a probation and welfare officer, in proceedings under the Probation of Offenders Act, 1907, or the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983) .

(2)       No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by the Chief State Solicitor, or a local State Solicitor acting in that capacity.

(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.

6.                 The payment of the fee chargeable in respect of an item mentioned in column (1) of the Schedule to this Order shall be recorded by means of a stamp impressed on the document or court fee card, as may be appropriate, mentioned in column (3) of the said Schedule, opposite the mention of the item in the said column (1).

7.       The Circuit Court (Fees) Order, 2001 ( S.I. No. 252 of 2001 ), is hereby revoked.

SCHEDULE

FEES IN CIRCUIT COURT OFFICES

PART 1

General

Taxation

Note:   A County Registrar may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him or her at the full amount thereof.

PART 2

Certain proceedings under Rules of the Circuit Court

PART 3

Proceedings under Licensing Acts, 1833 to 2000, and Registration of Clubs Acts, 1904 to 2000.

The Minister for Finance hereby consents to the making of this Order.

EXPLANATORY NOTE

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

This Order revokes the Circuit Court (Fees) Order, 2001 ( S.I. No. 252 of 2001 ).

The Order provides for the fees to be charged in Circuit Court Offices with effect from 1st January, 2002. All of the fees are in convenient Euro amounts and are, in line with Government policy on this matter, less than the IR£ fees prevailing at the making of the Order.

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