S.I. No. 488/2001 - Supreme Court and High 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 Supreme Court and High 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 Supreme Court and the High Court and in the district probate registries to which Schedule 1 to this Order relates, in respect of each item set out in column (1) of that Schedule, the fee set out in column (2) of that Schedule opposite the mention of the item in the said column (1).

4.                 The payment of the fee chargeable in respect of an item mentioned in column (1) of Schedule 1 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).

5.       (1)      In every financial year there shall be payable, by way of court fees, the percentages specified in Part 1 of Schedule 2 to this Order on the annual income arising in that year from the property of every person of unsound mind under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act, 1961 (No. 39 of 1961), and the provisions of the said Part 1 shall be in substitution for the provisions of section 109 of the Lunacy Regulation (Ireland) Act, 1871.

(2)      In every financial year there shall be payable, by way of court fees, the percentages specified in Part 2 of Schedule 2 to this Order on the annual income arising in that year from the property of every minor under the jurisdiction vested in the High Court by the said section 9.

6.       No fee shall be payable under this Order in the Central Office or in the Office of the Registrar of the Supreme Court on any application, order, judgment or report or on the filing of any notice of motion, affidavit or other document necessary in connection with-

(a)      proceedings under Article 40.4 of the Constitution,

(b)      proceedings under the Extradition Acts, 1965 to 1994,

(c)      bail proceedings, or

(d)      an application, in proceedings for a criminal offence, for judicial review under Order 84 rule 18 of the Rules of the Superior Courts.

7.       (1)      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 the Eastern Regional Health Authority under the Guardianship of Childrens Acts, 1964 to 1997, or the Childrens Acts, 1908 to 1989, or the Child Care Act, 1991 .

(2)      No fee shall be payable under this Order in contravention of paragraph 5 of Article 3 of the Luxembourg Convention (within the meaning of the Child Abduction and Enforcement of Custody Orders Act, 1991 (No. 6 of 1991)).

(3)      No fee shall be payable under this Order in respect of proceedings to which section 5(5) of the Immigration Act, 1999 (No. 22 of 1999), applies.

8.       No fee shall be payable under this Order by, or on behalf of, any party represented in any civil proceedings by the Chief State Solicitor or a local State Solicitor acting in that capacity.

9.       Fees payable in the Office of the Official Assignee in Bankruptcy shall be those chargeable on the date of the granting of the petition in arrangement matters or on the date of the adjudication in bankruptcy matters, as the case may be.

10.     (1)      In the case of the sale of property the subject of any mortgage, charge or lien the surplus (if any) remaining in the mortgage account after payment of the amount of the mortgage, charge or lien and after payment of the costs, fees and expenses shall be included in the assets for the purpose of calculating the appropriate fee for item 1 of Part 7 of Schedule 1 to this Order.

(2)      Where, in proceedings in bankruptcy the net assets of the bankrupt are less than €150 the petitioning creditor shall lodge with the Official Assignee in Bankruptcy -

(a) a sum, which when added to the net amount realised, will equal €150, and

(b) a sum sufficient to cover the expenses of the Official Assignee in Bankruptcy.

11.      The Supreme Court and High Court (Fees) Order, 2001 ( S.I. No. 251 of 2001 ), is hereby revoked.

Schedule 1


Index

PART 1

-

Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries for copies of documents

PART 2

-

Fees payable in the Office of the Registrar of the Supreme Court

PART 3

-

Fees payable in the Central Office and the Examiner's Office

PART 4

-

Fees payable in the Accountant's Office

PART 5

-

Fees payable in the Taxing Masters' Office

PART 6

-

Fees payable in the Office of Wards of Court

PART 7

-

Fees payable in the Office of the Official Assignee in Bankruptcy

PART 8

-

Fees payable in the Probate Office and District Probate Registries


PART 1

Fees payable in the Offices attached to the Supreme Court and the High Court and in the District Probate Registries for copies of documents

Item

Fee

Document to be stamped

(1)

(2)

(3)

1. For making an attested copy of a document, other than a copy of judgement, or first copy of an order, per page (except in a case of a criminal appeal transcript, where the fee shall be €0.70 per page)

€5.00

The attested copy or court fee card

2. For provision of a copy judgment

€10.00 plus an additional €1.00 in respect of every 4 pages photocopied

The attested copy or court fee card

3. For examining a copy of any document and marking it as an attested copy, per page

€5.00

The attested copy

4. For a photographic copy of a plan, map, section, drawing, photograph or diagram

€5.00

The copy or court fee card

5. For signing and certifying a document for proof pursuant to the Evidence Act, 1851, per page

€5.00

The document

PART 2

Fees payable in the Office of the Registrar of the Supreme Court

Item

Fee

Document to be stamped

(1)

(2)

(3)

1. On filing a notice of motion of appeal to the Supreme Court (other than an appeal under the Workmen's Compensation Acts)

€75.00

The notice

2. On filing any notice of motion to the Supreme Court (other than a notice of motion of appeal)

€15.00

The notice

3. On filing or lodging a case stated

€30.00

The case stated

4. On filing an affidavit

€10.00

The affidavit

5. On lodging a notice or other document for service

€5.00

The notice or other document

and

in addition thereto, for each copy to be transmitted (but not more, for any number of copies, than €90.00)

€1.00

The copy

6. On a petition or on an application for appointment as Notary Public or Commissioner for Oaths

€60.00

The petition or application

7. On a commission appointing a Notary Public or Commissioner for Oaths

€225.00

The commission

PART 3

Fees payable in the Central Office and the Examiner's Office

Item

Fees

Document to be stamped

(1)

(2)

(3)

Originating Summonses, etc.

1. On sealing a plenary summons, special summons or summary summons and filing a copy

€90.00

The filed copy

2. On sealing a concurrent plenary summons, concurrent special summons, or concurrent summary summons

€22.00

The filed copy

3. On filing a petition

€60.00

The original petition

4. On any originating ex parte application (excepting habeas corpus), in addition to fee on filing affidavit

€30.00

The affidavit filed in support of the application

5. On sealing any order under Rule 1 or Rule 18 of Order 84 of the Rules of the Superior Courts

€10.00

The original order

6. On sealing a third party notice

€10.00

The filed copy

Appearances

7. On entering an appearance

€10.00

The memorandum

Affidavits, etc.

8. On filing an affidavit

€10.00

The affidavit

9. On filing a script annexed to an affidavit of scripts

€10.00

The affidavit of scripts

(not to exceed, for any number of scripts, €90.00)

Notices of Motions, etc.

10. On filing a notice of motion

€15.00

The notice

11. On filing a notice other than a notice to which Item Nos. 10, 12 and 13 relate

€5.00

The notice

12. On filing a notice of appeal from the Master

€15.00

The notice of appeal

13. On lodging a notice of appeal from the Circuit Court to the High Court

€38.00

The notice

Setting Down, etc.

14. On setting down an action for trial

€75.00

The setting down docket

15. On filing or lodging a case stated

€45.00

The case stated

Orders

16. On subpoena ad testificandum or duces tecum

€10.00

The order or court fee card

17. Commission to examine witness or request in lieu of

€10.00

The order or court fee card

18. On entering judgment in the Central Office in default of appearance or of pleading

€10.00

The judgment

Certificates, etc.

19. On a certificate of pleadings or proceedings

€5.00

The certificate or court fee card

20. On a certificate under Order 36, Rule 39, of the Rules of the Superior Courts

€25.00

The certificate or court fee card

21. On a sale under an order of the Court of -

(a)       any lands or hereditaments,

or

(b)       any business (including the goodwill thereof)

or

(c)       any chattels,

confirmed or approved by order or certificate:

for every €100.00 of the price

€2.50

The order or certificate

If for any reason after payment of this fee the sale is not completed and the property is subsequently sold to another purchaser, credit is to be given for the fee already paid on the abortive sale against the fee payable on the completed sale; but

in no case is any of the fee paid on the abortive sale to be re-paid

22. On taking account of moneys received by a person liable to account for same - for every €100.00 of the amount received or in the case of a Company being wound up by the Court for every €100.00 of the moneys received by the Liquidator in realisation of the assets of the Company

€2.50

The certificate or court fee card

23. On taking an account of moneys due to any person (other than moneys due to any person by a company or society being wound up by the Court) - for every €100.00 of the amount found

€2.50

The certificate or court fee card

24. On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise

-      for every €100.00 of the value of the property

€2.50

The certificate or court fee card

(but on an enquiry to ascertain the next-of-kin or heir-at-law of any person, where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent, not less than €15.00; where the common ancestor is a grandparent, not less than €27.50; and where the common ancestor is a great-grandparent or a more remote ancestor, not less than €50.00)

25. On ascertaining pursuant to an order -

(a)       the outstanding estate of a deceased person, or

(b)       any property subject to a trust, mortgage or charge, or

(c)       any partnership assets

-  for every €100.00 of the amount of value thereof

€2.50

The certificate or court fee card

The amount on which this fee is payable shall not include any outstanding debt believed to be bad or irrecoverable, but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested Note: Only one fee shall be chargeable in respect of any particular property or moneys in respect of Item Nos. 22 to 25 inclusive

26. On settling

(a)    a scheme for the management of a charity, or a scheme where the amount involved does not exceed €1,500.00

€50.00

The scheme

(b)    any other scheme

€100.00

The scheme

27. On signing, settling or approving

(a) any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property

- for the first advertisement or authority signed in respect of any person or persons

€50.00

The posting

- for any subsequent advertisement or authority signed in respect of the person or persons

€30.00

The posting

(b) - any other advertisement

€30.00

The posting

28. On the examination of a witness

(a)    before an officer of the Court in his office (otherwise than for the purpose of any inquiry, taxation of costs or other proceedings before the officer)

-  for each hour or part of an hour

€15.00

The order of appointment

(b)    by an officer away from his office

-  for each day or part of a day

€50.00

The order of appointment

(the reasonable expenses of the officer are also payable)

Searches and Inspections

29. On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order (not to be charged if a copy of the document is bespoken)

€5.00

The search docket

30. On a memorandum for the registration of-

(a)     a decree of the District Court

€8.00

The memorandum

(b)     a judgment of the Circuit Court

€11.00

The memorandum

(c)     a judgment of the High Court

€15.00

The memorandum

31. On a memorandum for the re-entry of a judgment, decree, order or rule pursuant to the Judgments (Ireland) Act, 1844

€5.00

The memorandum

32. On a memorandum for the registration of a lis pendens pursuant to the said Act

€7.00

The memorandum

33. On a memorandum for the re-entry of a lis pendens pursuant to the said Act

€5.00

The memorandum

34. On a requisition for liberty to search pursuant to the said Act

€5.00

The search docket

-    for each person searched against (not to be charged if a requisition for an official search is lodged)

35. On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act, 1848

€5.00

The memorandum

36. On a requisition for a search for judgments or revivals entered up before the 15th day of July, 1850, and for decrees, rules, orders or civil bill decrees for poor rates made before the 15th day of July, 1850, and for lites pendentes registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person

€15.00

The requisition

37. On a requisition for a search for judgments, revivals, decrees, rules, orders, lites pendentes and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person

€30.00

The requisition

38. On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act, 1871

€10.00

The requisition

39. On a memorandum of vacate of a lis pendens

€10.00

The memorandum

Bill of Sale

40. On filing a bill of sale

€10.00

The filed copy

41. For a search in the bills of sale index (not to be charged if a copy of a bill of sale is bespoken)

€5.00

The search docket

42. For inspecting any bill of sale (not to be charged if a copy is bespoken)

€5.00

The search docket

Bonds, etc.

43. On filing any recognizance or bond in the Central Office and giving a certificate thereof

€10.00

The recognizance or bond

Powers of Attorney

44. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act, 1881

€10.00

The power of attorney

45. For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith

€5.00

The search docket

(not to be charged if a copy is bespoken)

Enrolment

46. On enrolling any deed or document

-    for each 10 folios or part of 10 folios

€25.00

The deed or document

Admiralty

47. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts

€30.00

The certificate or court fee card

48. On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts

€38.00

The instrument

49. On appointing and swearing appraisers

€38.00

The certificate of appraisement

50. On delivering up a ship or goods to a purchaser

€50.00

The order

51. On the sale of a ship or goods

-    for every €100.00 or fraction of €100.00 of the price

€10.00

The order

52. For attending the discharge of a cargo or the removal of a ship or goods, per day

€50.00

The certificate of execution

53. For retaining possession of a ship with or without a cargo, or of a ship's cargo without a ship, per day

€3.50

The instrument of release

54. For executing a warrant or commission

€38.00

The warrant or commission

55. For releasing a ship and cargo, or either of them

€22.00

The instrument of release

(In addition to the above fees, the following fees also are payable:

(a)    the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed;

(b)    the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his office)

Bankruptcy

56. On every petition of bankruptcy

€60.00

The petition

57. On every petition of arrangement

€60.00

The petition

58. On every petition under Part VI of the Bankruptcy Act, 1988

€60.00

The petition

59. On every bankruptcy summons

€60.00

The summons

60. On every bond, with or without sureties

€10.00

The bond

61. On every subpoena or summons (other than a bankruptcy summons)

€10.00

The subpoena or summons

62. On every affidavit

€10.00

The affidavit

63. On filing a notice of motion or a notice of intention to show cause

€15.00

The notice

64. On filing a charge or discharge

€15.00

The charge or discharge

65. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter

€5.00

The search docket

66. On commission to examine a witness

€10.00

The order

67. On making a plain copy of any document or form (per page)

€0.70

The court fee card

Petitions, Applications and Appeals under the Solicitors Acts, 1954 to 1994

68. On lodging a notice of motion of application or a notice or motion of appeal under the Solicitors Acts, 1954 to 1994 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts

€75.00

The notice or petition

PART 4

Fees payable in the Accountant's Office

Item

Fee

Document to be stamped

(1)

(2)

(3)

1. On a direction by the Court or the Accountant to pay or invest or place money on deposit or transfer stock or shares, where the amount or nominal value exceeds €1,000

-    for every €100 or part thereof in excess of the first €1,000

€0.50

The direction

(fee not to exceed €500 in any case)

2. On a certificate of the amount and description of funds to credit of any account in the books of the Accountant

€5.00

The certificate or court fee card

3. On a transcript of an account

€5.00

The transcript

4. On a request for lodgement of funds in court without an order

€5.00

The request

5. On a request to the Accountant for payment of money out of court without an order

€5.00

The request

6. On lodging a power of attorney

€5.00

The power of attorney

7. On a request for a certificate of the lodgement of any funds in court

€5.00

The request

PART 5

Fees payable in the Taxing Masters' Office

Item

Fee

Document to be stamped

(1)

(2)

(3)

A Taxing Master 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 at the full amount thereof, including, in cases under the Solicitors Act, 1849, the fee payable in respect of the cash account.

1. On a notice to tax, except on an ex parte taxation

€15.00

The notice

2. On the taking of a cash account between the solicitor and his client on a taxation under the Solicitors Act, 1849, or otherwise

-    for every €100 or fraction of €100 of the amounts found to have been received and paid

€0.50

The bill

3. On the taxation of a bill of costs

-    for every full €100 in the amount allowed (including witnesses' expenses)

€5.00

The bill

4. On the issue of a certificate of taxation

€15.00

The certificate or court fee card

5. On carrying in objections to the allowance or disallowance of any item or items in a bill of costs

€10.00

The objections

6. On a report of a Taxing Master as to the grounds of his decision to allow or disallow any item or items in a bill of costs

€22.00

The report

7. On a report of a Taxing Master as to security for costs in a matrimonial case

€22.00

The report

PART 6

Fees payable in the Office of Wards of Court

Item

Fee

Document to be stamped

(1)

(2)

(3)

1. On every Declaration Order under section 68 or section 70 of the Lunacy Regulation (Ireland) Act, 1871

€45.00

The order

2. On every Declaration Order under section 12 or section 15 of the said Act

€75.00

The order

3. On every order taking a person into Wardship as a Minor

€45.00

The order

4. On measuring a bill of costs and certifying the amount thereof

-  for every €20.00 or part thereof allowed

€1.00

The bill of costs

5. For taking and certifying the result of an account

-   for each €200 found to have been received without deducting any payment (but not to exceed €30)

€1.00

The account

6. On exemplifying any copy of an order

€7.00

The copy

7. For making an attested copy of a document (other than a first copy of an order), per page

€3.50

The attested copy

PART 7

Fees payable in the Office of the Official Assignee in Bankruptcy

Item

Fee

Document to be stamped

(1)

(2)

(3)

1. On every realisation account of the Official Assignee in a bankruptcy matter, in a vesting arrangement or in proceedings under part VI of the Bankruptcy Act, 1988 and on every certified statement of accounts by a trustee -

(a)     for the first €3,000 of the gross amount of the assets realised or brought to credit or where such amount does not exceed €3,000

€750.00

The account

(b)    for every €100 or fraction of €100 by which the said amount exceeds €3,000

€12.50

The account

2. On the account of the Official Assignee, or of the trustee, for the proceeds of the sale by him of any property of a bankrupt or arranging debtor the subject of any mortgage, charge or lien -

(a)    for the first €3,000 of the gross amount produced by such sale or where such amount does not exceed €3,000

€750.00

The account

(b)    for every €100 or fraction of €100 by which the said amount exceeds €3,000

€12.50

The account

3. On the account of the Official Assignee in every arrangement (other than a vesting arrangement) or on the instrument containing the terms of a composition -

(a)    for the first €3,000 of the gross amount of the composition or where such amount does not exceed €3,000

€750.00

The account or instrument

(b)    for every €100 or fraction of €100 by which the said amount exceeds €3,000 but does not exceed €15,000

€12.50

The account or instrument

(c)    for every €100 or fraction of €100 by which the said amount exceeds €15,000 but does not exceed €75,000

€5.00

The account or instrument

(d)    for every €100 or fraction of €100 by which the said amount exceeds €75,000

€2.50

The account or instrument

4. On the account of the Official Assignee in every composition after bankruptcy -

(a)    for the first €3,000 of the gross amount of the composition or where such amount does not exceed €3,000

€750.00

The account

(b)    for every €100 or fraction of €100 by which the said amount exceeds €3,000 but does not exceeds €15,000

€12.50

The account

(c)    for every €100 or fraction of €100 by which the said amount exceeds €15,000 but does not exceed €75,000

€5.00

The account

(d)    for every €100 or fraction of €100 by which the said amount exceeds €75,000

€2.50

The account

For the purpose of calculating fees Nos. 3 and 4, the gross amount means the amount to be provided under the terms of the composition for ordinary creditors

These fees shall be paid by the person making the composition over and above the amount of the composition

5. On the account of the Official Assignee in every allocation case -

(a)    for the first €3,000 of the gross amount collected or where such amount does not exceed €3,000

€450.00

The account

(b)    for every €100 or fraction of €100 by which the said amount exceeds €3,000

€5.00

The account

6. On every account of the Official Assignee other than a realisation account, a composition account or an account in an allocation case, whether or not funds are lodged with the Official Assignee -

(a)    for the first €3,000 of the gross amount of the debt or where such amount does not exceed €3,000

€750.00

The account

(b)    for every €100 or fraction of €100 by which the said amount exceeds €3,000 but does not exceed €15,000

€12.50

The account

(c)    for every €100 or fraction of €100 by which the said amount exceeds €15,000 but does not exceed €75,000

€5.00

The account

(d)    for every €100 or fraction of €100 by which the said amount exceeds €75,000

€2.50

The account

For the purposes of calculating fees on the gross amount of the debts in the case of an application by a bankrupt to show cause on grounds other than that of non-compliance with a requirement of section 11(1) of the Bankruptcy Act, 1988 , the debt due to a creditor who waives his claim in the bankruptcy shall not be taken into account, provided always that fees of not less than €750 shall be chargeable in such a case

7. On the taking of an account by the Official Assignee, pursuant to an Order of the Court, of the amount due in respect of a mortgage debt

-    for every €100 of the amount due

€2.50

The certificate

PART 8

Fees payable in the Probate Office and District Probate Registries

Item

Fee

Document to be stamped

(1)

(2)

(3)

1. For every order of a Probate Officer, Assistant Probate Officer or District Probate Registrar

€5.00

The order, certificate or court fee card

2. For every certificate signed by a judge as to the authority of any person to act in a specified capacity or for any similar certificate

€5.00

Certificate or court fee card

3. For sealing any certificate

€1.00

Certificate or court fee card

4. For every Notice of Application not filed at time of lodgement of full set of papers of application of grant

€3.00

The application

5. For every Consent to withdrawal of - caveats, warnings, etc.

€5.00

The consent

6. For filing any other Document (except those filed at time of lodgement of full set of papers) of application for a grant

€5.00

The document

7. For every Notice of Change of Solicitor

€3.00

The notice

8. Fees payable on a Primary Grant of Representation where the net value of the Estate does not exceed -

The court fee card

€1,250

€8.00

€3,000

€16.00

€6,250

€24.00

€9,500

€32.00

€12,500

€40.00

€25,000

€48.00

€37,500

€56.00

€50,000

€64.00

€62,500

€72.00

€75,000

€80.00

€87,500

€88.00

€100,000

€96.00

€112,500

€104.00

€125,000

€112.00

every €31,250 or fraction thereof by which the value exceeds €125,000 a further fee of €12.00 i.e.

€156,250

€124.00

€190,000

€136.00

9. Where any grant is sought by personal application the total fee (inclusive of the Court fee chargeable) shall be double the amount chargeable under item 8 or item 10

10. For every double, cessate, unadministered or duplicate grant of representation

€8.00

The court fee card

11. For every affidavit not filed at time of lodgement of full set of application papers for a grant

€3.00

The affidavit

12. For lodging or re-entering any motion paper, whether ex parte or on notice

€3.00

The motion paper

13. For every first copy of a court order or side bar order

€7.00

The copy order

(This fee shall not be chargeable where the order is made in chambers pursuant to section 36 of the Succession Act, 1965 and the copy is bespoken by the intended grantee or his solicitor)

14. On lodgement of a corrective affidavit

The correct fee under item No. 8 less the amount of the fee previously charged

The copy affidavit

15. For the entry of any caveat

€5.00

The caveat

16. For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena

€5.00

The original document (except citation where copy stamped)

17. For the subduction of any caveat

€3.00

The caveat book

18. For the subduction of any application

€3.00

The notice of application

19. For settling any advertisement in connection with a citation or otherwise

€5.00

The affidavit

20. For every search made by an applicant for a will or any record of a grant or any other document filed in the Probate Office or in a District Probate Registry including the inspection of any original will or codicil or any record of a grant

€1.00

The search docket

21. For every similar search made by an Officer of the Probate Office or of a District Probate Registry for which the officer is requested to search

€7.00

The search docket

22. For all searches made on any one day by the representative of a newspaper or group of newspapers

€3.00

The search docket

(The representative must state on the search docket his name and that of the newspaper or group of newspapers which he represents)

23. For any official copy of any will, grant or other document (other than an Inland Revenue affidavit)

€3.00

The copy

24. For a certified copy of any will, grant or other document (other than an Inland Revenue affidavit)

€6.00

The copy

25. For a sealed and certified copy will or grant

€7.00

The copy

26. For a sealed and certified copy will and grant bespoken at the same time

€11.00

The copy grant

27. For making an attested copy of an Inland Revenue affidavit

€7.00

The copy

Schedule 2

Percentages payable in the Office of Wards of Court

PART 1

Lunacy Percentages

1.       In this Part “clear annual income” does not include the following payments:

(a)      unemployment assistance,

(b)      old age (non-contributory) pension,

(c)      widow's (non-contributory) pension,

(d)      widower's (non-contributory) pension,

(e)      deserted wife's allowance,

(f)      prisoner's wife's allowance,

(g)      one-parent family payment,

(h)      blind pension.

2.       Subject to paragraph 3, a percentage on the clear annual income of each ward of court found to be of unsound mind and whose clear annual income is not less than €900 shall be payable according to the following rates -

(a)     where the clear annual income is not less than €900 but is less than €2,250, 2½% of the clear annual income;

(b)     where the clear annual income is not less than €2,250 but is less than €4,500, 3% of the clear annual income;

(c)     where the clear annual income is not less than €4,500, 4% of the clear annual income subject to a maximum payment of €750.

3.       Any fractional part of €1.00 in the amount of a percentage shall be disregarded and shall not be levied or paid.

PART 2

Minor Percentages

1.          A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that the percentage shall be charged only on that part of the clear annual income that exceeds €900.

2.          Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.

PART 3

Calculation, Collection and Disposal

The rules heretofore in operation under the Lunacy Regulation (Ireland) Act, 1871, with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor include (where the context so admits) a reference to his “coming of age”.

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

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GIVEN under my Official Seal,

This 25th day of October, 2001.

CHARLIE MCCREEVY

MINISTER FOR FINANCE.

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GIVEN under my Official Seal,

This 31st day of October, 2001.

JOHN O'DONOGHUE

MINISTER FOR JUSTICE,

EQUALITY AND LAW REFORM.

EXPLANATORY NOTE

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

This Order revokes the Supreme Court and High Court (Fees) Order, 2001 ( S.I. No. 251 of 2001 ).

The Order provides for the fees to be charged with effect from 1st January, 2002 in the Office of the Registrar of the Supreme Court, the Central Office, the Examiner's Office, the Office of the Official Assignee in Bankruptcy, the Taxing Masters' Office, the Accountant's Office, the Office of Wards of Court, the Probate Office and District Probate Registries.

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.