S.I. No. 152/1978 - District Court (Fees) (No. 3) Order, 1978.

S.I. No. 152 of 1978.

DISTRICT COURT (FEES) (NO. 3) 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. 3) Order, 1978.

2. The District Court (Fees) Order, 1978 ( S.I. No. 44 of 1978 ), is hereby amended by the substitution of the following Articles for Articles 5 and 6:

"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.

6. (1) This Article applies to the following persons—

( a ) a state solicitor,

( b ) a person employed in the Civil Service of the State as a solicitor,

( c ) a member of the Garda Síochána,

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

( e ) a witness in the relevant prosecution or proceedings, other than a witness on behalf of the defendant,

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

(2) No fee shall be payable by or in respect of a person to whom this Article applies when he is engaged—

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

( b ) 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,

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

( d ) in proceedings by a Minister of the Government, other than the Minister for Posts and Telegraphs,

( e ) in proceedings instituted by, or on the direction of the Revenue Commissioners, or

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

3. The District Court (Fees) (No. 2) Order, 1978 ( S.I. No. 56 of 1978 ), is hereby revoked.

GIVEN under my Official Seal, this 2nd day of June, 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 2nd day of June, 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 . It further provides that no fee shall be payable by a person engaged 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.