S.I. No. 343/1989 - District Court (Fees) Order, 1989.

S.I. No. 343 of 1989.

DISTRICT COURT (FEES) ORDER, 1989.

I, RAY BURKE, 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, 1989.

2. This Order shall come into operation on the 1st day of January, 1990.

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

4. The District Court (Fees) Order, 1984 ( S.I. No. 21 of 1984 ), the District Court (Fees) Order, 1985), and the District Court (Fees) Order, 1986 ( S.I. No. 377 of 1986 ), are hereby revoked.

5. 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.

6. No fees shall be payable in any proceedings brought under 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), the Status of Children Act, 1987 (No. 26 of 1987) or in proceedings brought by a Health Board under the Children Acts, 1908 to 1989, and no fees shall be payable under the Enforcement of Court Orders Acts, 1926 and 1940, in respect of the recovery of any sums due consequent on the aforementioned proceedings.

7. (1) This article applies to the following persons—

( a ) Chief State Solicitor,

( b ) a State Solicitor,

( c ) a person employed in the Civil Service of the State as a Solicitor,

( d ) a member of the Garda Siochana,

( e ) a person authorised by a Minister of the Government to engage in the relevant prosecution or proceedings,

( f ) a person authorised by a local authority to engage in the relevant prosecution or proceedings, and

( g ) a Probation or Welfare Officer employed in the Department of Justice.

(2) No fee shall be payable under this Order by or in respect of—

( a ) any person to whom this Article applies when he is engaged—

(i) in a prosecution at the suit of the Attorney General or in any proceedings at the suit of or against the Attorney General,

(ii) 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,

(iii) in a prosecution by a member of the Garda Síochána,

(iv) in proceedings instituted by the Revenue Commissioners,

(v) in proceedings instituted by a Minister of the Government,

(vi) in a prosecution at the suit of a local authority under the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975), or

(vii) in proceedings under the Probation of Offenders Act, 1907, or the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983).

( b ) any party represented in any proceedings by the Chief State Solicitor or a State Solicitor acting in that capacity, or

( c ) a witness called on behalf of any party referred to in paragraph (b) of this Article or by a person to whom this article applies engaged in a case referred to in paragraph (a) of this Article.

8. The payment of the fee in relation to each item shall be recorded by means of a stamp impressed on the document, or court fee card as appropriate, mentioned in the third column of the Schedule to this Order.

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 against one defendant or against several joint defendants or for the attendance of one or more witnesses... ... ... ...	£5.00	The original summons.
2. On obtaining a copy of an information, a certified copy of an order, signed entry or other document... ... ...	£5.00	Court fee card.
3. On an application for the removal of a disqualification order	£10.00	The application or the notice.
4. On an application for an order, or on a notice of appeal to the District Court (no fee shall be payable for an extension of time for payment of a fine or for an appeal to the Circuit Court)... ... ...	£10.00	The notice or application.

PART II

CIVIL PROCEEDINGS

Item	Fee	Document to be stamped
1. On the issue of a civil process... ...	£10.00	The original civil process. ... ...
2. On lodging any affidavit [other than an affidavit under the District Court (Summary Judgement) Rules, 1963, or an affidavit under the Enforcement of Court Orders Acts, 1926 and 1940]... ...	£5.00	The affidavit.
3. On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum ... ... ... ...	£5.00	The original summons.
4. On the issue of a notice of motion	£5.00	The original notice of motion.
5. On the issue of a notice of application for compensation under the Malicious Injuries Act, 1981 ... ... ...	£5.00	The original notice of application.
6. On a certificate at the foot of a memorandum for the registration of a decree	£5.00	The certificate or court fee card.
7. On the filing of every counterclaim or set off ... ... ... ... ...	£5.00	The document filed.

PART III

ENFORCEMENT OF COURT ORDERS PROCEEDINGS

Item	Fee	Document to be stamped
1. On the issue of an examination order or summons ... ... ... ...	£5.00	The original order or summons.
2. On the issue of a summons for committal in default of payment or of a variation summons ... ... ... ...	£5.00	The original summons.

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 ... ... ...	£35.00	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 of intention to apply for certificate ...	£35.00	The application.
(b) in any other case ... ...	£70.00	The application.
3. On an application for an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act, 1960 ... ... ... ...	£35.00	The application.
4. On an application for a certificate of transfer of a licence ... ... ...	£35.00	The notice of intention to apply for certificate.
5. On the issue of a certificate of renewal of a licence... ... ... ...	£15.00	The certificate or court fee card.
6. On an application for a certificate for the grant of a new wholesale beer dealer's licence ... ... ... ...	£35.00	The notice of intention to apply for certificate.
7. On an application for a Special Exemption Order ... ... ... ...	£20.00	The application.
8. On an application for a General Exemption Order ... ... ... ...	£50.00	The application.
9. On an application for an occasional licence ... ... ... ...	£20.00	The application.
10. On an application for an order under section 19 of the Intoxicating Liquor Act, 1960 ... ... ... ...	£70.00	The application.
11. On an application for a certificate under section 2 of the Intoxicating Liquor Act, 1960 ... ... ... ... ... ... ... ... ...	£70.00	The application.
12. On an application for an order under section 10 of the Intoxicating Liquor Act, 1962 ... ... ... ...	£100.00	The application.
13. On an application for an authorisation under section 14 of the Intoxicating Liquor Act, 1962 ... ... ...	£70.00	The application.
14. On an application for an order under section 16 of the Intoxicating Liquor Act, 1962 ... ... ... ...	£50.00	The application.
15. On an application for an order under section 17 of the Intoxicating Liquor Act, 1962 ... ... ... ...	£20.00	The application.
16. On an application for a declaration under section 16 of the Intoxicating Liquor Act, 1960 ... ... ...	£15.00	The application.
16a. On an application for a restaurant certificate or a limited restaurant certificate	£35.00	The application.
17. On an application for a declaration under section 15 (2) of the Intoxicating Liquor Act, 1960 ... ... ...	£35.00	The application.
18. On an application for a certificate of registration of a club ... ... ...	£100.00	The application.
19. On an application for an authorisation for an extension of club hours ...	£20.00	The application.
20. On inspecting the Licensing Register or Clubs Register ... ... ...	£10.00	The requisition for inspection or court fee card.
21. On an application for a moneylender's certificate ... ... ... ...	£150.00	The application.
22. On an application for a public dancing licence for a period not exceeding one month ... ... ... ...	£20.00	The application.
23. On an application for any other public dancing licence ... ... ...	£100.00	The application.
24. On an application for a music and singing licence ... ... ... ...	£20.00	The application.
25. On an application for a certificate for a gaming licence ... ... ...	£100.00	The application.
26. On an application for a certificate of qualification to carry on the business of auctioneer or house agent ... ...	£50.00	The application.
27. On an application for a lottery licence under section 28 of the Gaming and Lotteries Act, 1956 ... ... ...	£25.00	The application.
28. On an application for any other declaration, certificate or licence ... ...	£15.00	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	£10.00	The notice.

PART VI

CASES STATED

Item	Fee	Documents to be stamped
1. On delivery of a case stated ... ...	£10.00	The original case stated.

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. An order determining an application referred to at 1 ... ... ...	£5.00	The order or court fee card.

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 ... ...	£75.00	The notice.

GIVEN under my Official Seal, this 13th day of December, 1989.

RAY BURKE,

Minister for Justice.

The Minister for Finance hereby consents to the making of the foregoing order.

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

13th day of December, 1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

This Order revises, as from 1 January 1990 the fees chargeable in the District Court.

A number of fees are consolidated and some are increased.

The Order also provides that the payment of fees in respect of all the items in the First Schedule to the Order may be recorded by either stamps impressed on relevant documents or court fee cards as appropriate.

This Order revokes the District Court (Fees) Order, 1984 ( S.I. No. 21 of 1984 ), the District Court (Fees) Order, 1985 ( S.I. No. 38 of 1985 ) and the District Court (Fees) Order, 1986. ( S.I. No. 377 of 1986 ).