S.I. No. 56/1978 - District Court (Fees) (No. 2) Order, 1978.

S.I. No. 56 of 1978.

DISTRICT COURT (FEES) (No. 2) ORDER, 1978.

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) (No. 2) Order, 1978.

2. This Order shall come into operation on the 8th day of March, 1978.

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

4. The District Court (Fees) Order, 1976 ( S.I. No. 116 of 1976 ), is hereby revoked.

5. The District Court (Fees) Order, 1978 ( S.I. No. 44 of 1978 ), is hereby amended by:—

( a ) the substitution of the following Article for Article 5:

" 5. No fee 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.",

( b ) the addition to paragraph (1) of Article 6 of the following sub-paragraph:

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

( c ) the addition to paragraph (2) of Article 6 of the following sub-paragraph:

"( e ) in a prosecution or proceedings instituted by a local authority under the Local Authorities (Traffic Wardens) Act, 1975 (No. 14 of 1975).".

GIVEN under my Official Seal, this 6th day of March, 1978.

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

6th day of March, 1978.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

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 .