S.I. No. 314/1998 - Sheriffs' Fees and Expenses Order, 1998

S.I. No. 314 of 1998.

SHERIFFS' FEES AND EXPENSES ORDER, 1998

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 14 of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926) (as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 )), and by virtue of the operation of section 54 of the Court Officers Act, 1926 (No. 27 of 1926), and section 12 of the Court Officers Act, 1945 (No. 25 of 1945), and with the consent of the Minister for Finance, hereby order as follows:

1. (1) This Order may be cited as the Sheriffs' Fees and Expenses Order, 1998.

(2) This Order shall come into operation on the 1st day of November, 1998, in relation to orders lodged with the sheriff for execution on or after that date.

2. (1) In this Order, unless the context otherwise requires -

"the executing party" in relation to an order, means the party entitled to or requiring the execution of the order;

"goods" includes chattels (including leasehold interests);

"order" means execution order within the meaning of the Enforcement of Court Orders Act, 1926 (No. 18 of 1926);

"the other party", in relation to an order, means the party against whom the order is directed;

"Schedule" means the Schedule to this Order.

(2) In this Order -

(a) a reference to the sheriff includes a reference to the county registrar and a reference to the court messenger includes a reference to the bailiff, and

(b) a reference to any reference number is a reference to that reference number in column (1) of the Schedule.

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

4. (1) The fees and expenses specified in column (3) of the Schedule at any reference number shall, subject to the provisions of this Order, be charged by and paid to the sheriff in respect of the item specified in column (2) thereof at that reference number.

(2) The fee specified in column (3) of the Schedule at reference number 1 shall be reduced by 50 per cent. in respect of an order relating to a small claim within the meaning of the District Court (Small Claims Procedure) Rules, 1993 ( S.I. No. 356 of 1993 ).

5. (1) Subject to the provisions of this Order -

(a) the fees specified at reference numbers 1, 3, 4 and 10 shall be paid in the first instance by the executing party, but shall be paid by, and may be levied by the sheriff from, the other party and repaid to the executing party by the sheriff on recovery thereof by him or her from the other party,

(b) the fees and expenses specified at reference numbers 2, 5, 6, 7, 8 and 9 shall be paid by the other party and may be levied by the sheriff from that party,

(d) the fee specified at reference number 12 shall be paid by the person requesting the service specified in column (2) of the Schedule at that reference number.

(2) In the case of an order putting a person into possession of lands or premises for non-payment of rent or for any other reason or an order for the seizure of specific property, the fees specified at reference numbers 5 and 6 shall, if payable, be paid in the first instance by the executing party at the time of the lodgment of the order with the sheriff but shall be paid by, and may be levied by the sheriff from, the other party and repaid to the executing party by the sheriff on recovery thereof by him or her from the other party.

6. (1) Where -

(a) the sheriff or the court messenger is at any place for the purpose of seizing and removing goods pursuant to an order, and

(b) after entry into possession of the goods but before their removal, there is tendered to the sheriff or the court messenger by or on behalf of the other party the amount due on foot of the order together with such fees and expenses specified at reference numbers 1, 5 and 6 as may be appropriate payable in respect of such seizure,

the other party shall thereupon pay the fee specified at reference number 2 on the amount due on foot of the order to the sheriff or the court messenger together with the expenses reasonably and necessarily incurred for the purpose of the proposed removal of the goods and, in default of payment, the sheriff or the court messenger shall be entitled to refuse the amount tendered and to proceed to remove the goods.

(2) Where -

(a) the sheriff or the court messenger has seized and removed goods pursuant to an order,

(b) but before their sale, there is tendered to the sheriff or the court messenger by or on behalf of the other party the amount due on foot of the order together with such fees and expenses specified at reference numbers 1, 5, 6, 7, 8 and 9 as may be appropriate payable in respect of such seizure and removal or in relation to the storage, safe keeping or proposed sale of the goods,

the other party shall thereupon pay the fee specified at reference number 2 on the amount due on foot of the order to the sheriff or the court messenger and, in default of payment, the sheriff or the court messenger shall be entitled to refuse the amount tendered and to proceed to sell the goods.

7. (1) Where -

(a) the sheriff or the court messenger is at any place for the purpose of seizing and removing goods pursuant to an order, and

(b) after entry into possession of the goods but before their removal, an undertaking is given by or on behalf of the other party to the sheriff or the court messenger to pay the amount due on foot of the order, whether by instalments or otherwise, together with such fees and expenses specified at reference numbers 1, 5 and 6 as may be appropriate payable in respect of such seizure, and

(c) the sheriff or the court messenger with the consent of the executing party accepts, upon condition that the other party complies with this Article, the undertaking and does not proceed with the removal of the goods,

the other party shall thereupon pay the fee specified at reference number 2 on the amount of the payment or, where there is more than one payment, on the amount of each payment, due on foot of the order to the sheriff or the court messenger together with the expenses reasonably and necessarily incurred for the purpose of the proposed removal of the goods and, in default of payment, the sheriff or the court messenger shall be entitled to withdraw the conditional acceptance of the undertaking and to proceed to remove the goods.

(2) Where—

(a) the sheriff or the court messenger has seized and removed goods pursuant to an order,

(b) but before their sale, an undertaking is given by, or on behalf of, the other party to the sheriff or the court messenger to pay the amount due on foot of the order, whether by instalments or otherwise, together with such fees and expenses specified at reference numbers 1, 5, 6, 7, 8 and 9 as may be appropriate payable in respect of such seizure and removal or in relation to the storage, safe keeping, or proposed sale of the goods, and

the other party shall thereupon pay the fee specified at reference number 2 on the amount of the payment or, where there is more than one payment, on the amount of each payment, due on foot of the order to the sheriff or the court messenger and, in default of payment, the sheriff or the court messenger shall be entitled to withdraw the conditional acceptance of the undertaking and to proceed to sell the goods.

8. If the execution of an order putting a person into possession of lands or premises for non-payment of rent or for any other reason is stayed or withdrawn by or on behalf of the executing party after lodgment of the order with the sheriff but before its execution, that party shall, in addition to such fees and expenses specified at reference numbers 3, 5 and 6 as may be appropriate paid at the time of the lodgment of the order with the sheriff, pay to the sheriff any other expenses properly incurred by him or her for the purpose of executing the order (which fees and expenses shall not exceed the amount of the fees and expenses that would have been payable if the order had been executed).

9. (1) Where, before the sheriff or the court messenger has gone into possession of the goods concerned or the specific property concerned, or before the executing party has been put in possession of the lands or premises concerned, as the case may be, the order lodged with the sheriff for execution is withdrawn—

(a) pursuant to an order of a court adjudicating a person bankrupt or, in the case of a company, providing for its winding up or the appointment of an examiner or liquidator,

(b) by the executing party for a reason other than default on the part of the sheriff or the court messenger, or

the sheriff shall, in addition to such fees specified at reference numbers 1, 3, 4 and 10 as may be appropriate paid at the time of the lodgment of the order with the sheriff, be paid such fee and expenses specified at reference numbers 5 and 6 as may be appropriate and any other expenses properly incurred by him or her for the purpose of executing the order (not exceeding the amount of the fees and expenses that would have been payable if the order had been executed).

(2) Where the sheriff or the court messenger has gone into possession of the goods concerned or the specific property concerned or the lands and premises concerned and the order lodged with the sheriff for execution is withdrawn—

(a) pursuant to an order of a court adjudicating a person bankrupt or, in the case of a company, providing for its winding up or the appointment of an examiner or liquidator, or

(b) by the executing party for a reason other than default on the part of the sheriff or the court messenger,

the sheriff shall, in addition to such fees specified at reference numbers 1, 3, 4 and 10 as may be appropriate paid at the time of the lodgment of the order with the sheriff, be paid such fees and expenses specified at reference numbers 5, 6, 7, 8 and 9 as may be appropriate and any other expenses properly incurred by him or her for the purpose of executing the order (not exceeding the amount of the fees and expenses that would have been payable if the order had been executed), together with the fee specified at reference number 2 on the amount due on foot of the order.

(3) (a) Where the sheriff or the court messenger has gone into possession of the goods concerned or the specific property concerned or the lands and premises concerned and the proceedings concerned are settled, the sheriff shall, in addition to such fees specified at reference numbers 1, 3, 4 and 10 as may be appropriate paid at the time of the lodgment of the order with the sheriff, be paid such fees and expenses specified at reference numbers 5, 6, 7, 8 and 9 as may be appropriate and any other expenses properly incurred by him or her for the purpose of executing the order (not exceeding the amount of the fees and expenses that would have been payable if the order had been executed), together with the fee specified at reference number 2 on the amount or value of the settlement, subject to the limitation that that fee shall not exceed the fee which, but for the settlement, would be payable on the amount due on foot of the order concerned.

(b) For the purposes of subparagraph (a) of this paragraph, it shall be presumed, unless the contrary is shown by or on behalf of the executing party, that the amount or value of the settlement aforesaid is equal to the amount due on foot of the order concerned.

(4) Where the sheriff or the court messenger has gone into possession of the goods concerned or the specific property concerned and, before the sale thereof, a receiver of the goods or property, is appointed, the sheriff shall, in addition to such fees specified at reference numbers 1, 3, 4 and 10 as may be appropriate be paid by the receiver out of the proceeds of any sale of the goods or specific property by the receiver such fees and expenses specified at reference numbers 5, 6, 7, 8, and 9 as may be appropriate and any other expenses properly incurred by him or her for the purpose of executing the order (not exceeding the amount of the fees and expenses that would have been payable if the order had been executed) together with the fee specified at reference number 2 on the amount due on foot of the order.

(5) The fees and expenses referred to in paragraphs (1), (2) and (3) of this Article shall be paid in the first instance by the executing party.

10. The Sheriffs' Fees Orders, 1926 to 1963, are hereby revoked.

SCHEDULE

Article 4

Reference Number	Item	Amount
(1)	(2)	(3)
1.	Fee to be paid at the time of lodgment with the sheriff of an order directing or authorising the execution of an order of a court by the seizure and sale of a person's property.	£12.00
2.	Poundage fee for executing an order directing or authorising the execution of an order of a court by the seizure and sale of a person's property—
	(a) If the entire amount stated in the order to be due for debt, costs and interest is levied.	5 per cent. of the first£3,500.00, and 2.5 per cent. of the balance, of that amount.
	(b) if the entire amount aforesaid is not levied.	5 per cent. of the first£3,500.00, and 2.5 per cent. of the balance, of the amount actually levied.
3.	Fee to be paid at the time of lodgment with the sheriff of an order directing or authorising the execution of an order of a court by putting a person into possession of lands or premises.	£110.00
4.	Fee to be paid at the time of lodgment with the sheriff of an order directing or authorising the execution of an order of a court by delivering specific property to a person.	£35.00
5	For executing an order by court messenger.	£25.00 and, if assisted by one or more bailiffs,£25.00 in respect of each such bailiff.

Reference Number	Item	Amount
(1)	(2)	(3)
6	Travelling expenses in respect of the distance travelled for the purpose of the execution of—
	(a) an order, or	At the appropriate civil service mileage rate for the time being.
	(b) a certificate issued under section 962 of the Taxes Consolidation Act, 1997 (No. 39 of 1997).	£20.00
7.	For the removal of goods seized to a place of safe keeping.	The actual and necessary expenses of such removal.
8	For the sustenance and safe keeping of cattle or other animals while under seizure under an order and the storage and safe keeping of all other goods pending the sale thereof.	The expenses reasonably and necessarily incurred.
9	For the sale of property seized under an order or the preparations for such a sale, whether or not the sale takes place.	The expenses reasonably and necessarily incurred.
10	Fee to be paid at the time of the lodgment of the order with the sheriff for sending or giving a letter or notice that the sheriff is by law required to send or give before executing the order.	£7.00
11.	For a bond of indemnity—
	(a) where one person is bound,	£17.50
	(b) where more than one person is bound.	£35.00
12	For search for orders and certificate or search.	£13.00

GIVEN under my Official Seal, this 1st day of September, 1998.

JOHN O'DONOGHUE

Minister for Justice, Equality and Law Reform.

The Minister for Finance consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this 1st day of September, 1998.

CHARLIE McCREEVY

Minister for Finance.

EXPLANATORY NOTE

The order consolidates the provisions contained in the Sheriffs' Fees Orders, 1926 to 1963 and dispenses with fees which have become obsolete. The order also provides for an overall increase in fees in relation to orders lodged with the Sheriff or County Registrar for execution on or after 1st November, 1998 and revokes the Sheriffs' Fees Orders, 1926 to 1963.