S.I. No. 38/1985 - District Court (Fees) Order, 1985.

S.I. No. 38 of 1985.

DISTRICT COURT (FEES) ORDER, 1985.

I, MICHAEL NOONAN, 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, 1985.

2. This Order shall come into operation on the 1st day of March, 1985.

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 ), is hereby amended by the substitution for the Schedule thereto of the following Schedule.

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 (whether against one defendant or against several joint defendants) or for the attendance of one or more witnesses, other than a witness or witnesses in a criminal proceeding ... ... ...	£3.00	The original summons.
2.	On obtaining a copy of an information	£3.00	Each copy supplied.
3.	On obtaining a certified copy of an order, signed entry or other document	£3.00	The copy.
	and, where the document exceeds five folios of 72 words each, for each additional folio after the fifth ... ...	£0.50
4.	On an application for the removal of a disqualification order ... ... ...	£7.50	The application.
5.	On an application for an order or on a notice of appeal to the District Court for which no one fee is chargeable under this Order, other than an application for extension of time for payment of a fine or for an appeal to the Circuit Court in a criminal proceeding, and other than an application for the disposal of any boat or fishing engine under the Fisheries Acts, 1959 to 1964, the Foyle Fisheries Acts, 1952 and 1961, of any other Act relating to fisheries ... ...	£7.50	The application or the notice.

PART II

CIVIL PROCEEDINGS

	Item	Fee	Document to be stamped
1.	On the issue of a civil process ...	£3.00	The original civil process.
2.	On lodging any affidavit ... ...	£3.00	The affidavit.
3.	On the issue of a decree or dismiss	£3.00	The original decree or dismiss.
4.	On inspecting and examining the Civil Process Book or Ejectment Book	£3.00	The requisition for inspection.
5.	On the issue by the Clerk of the District Court of a receipt for payment of rent and costs ... ... ...	£0.50	The receipt.
6.	On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum ... ... ...	£3.00	The original summons.
7.	On the issue of a notice of motion	£3.00	The original notice of motion.
8.	On the issue of a notice of application for compensation under the Malicious Injuries Act, 1981	£3.00	The original notice of application.
9.	On the issue of a decree for compensation or order refusing compensation under the Malicious Injuries Act, 1981	£3.00	The original decree or order refusing compensation.
10.	In addition to the fee at item 9 above, on every such decree in respect of an award of a sum of money in excess of £250, for every full £50, in excess of £250 (but the additional fee chargeable in respect of this item shall not in any case exceed £10.00)	£0.50	The original decree ... ... ... ...
11.	On a certificate at the foot of a memorandum for the registration of a decree	£3.00	The certificate.

PART III

ENFORCEMENT OF COURT ORDERS PROCEEDINGS

	Item	Fee	Document to be stamped
1.	On obtaining a copy of a statement of means... ... ... ... ...	£2.50	The copy.
2.	On lodging an affidavit grounding an application for an examination order	£2.50	The affidavit.
3.	On the issue of an examination order	£2.50	The original order.
4.	On the issue of an order for the payment of debt and costs ... ... ...	£2.50	The original order.
5.	On the issue of a summons for committal in default of payment	£2.50	The original summons.
6.	On the issue of an order for committal	£2.50	The original order.
7.	On the issue of a summons for a variation order ... ... ... ... ...	£2.50	The original summons.
8.	On the issue of a variation order ...	£3.00	The original order.

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 ...	£27.50	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	£27.50	The notice of intention to apply for certificate.
	(b) in any other case... ... ...	£55.00
3.	On an application for an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act, 1960 ... .... ...	£17.00	The application.
4.	On an application for a certificate of transfer of a licence ... ... ...	£27.50	The notice of intention to apply for certificate.
5.	On the issue of a certificate of renewal of a licence . . .	£11.00	The certificate.
6.	On an application for a certificate for the grant of a new wholesale beer dealer's licence ... ... ...	£27.50	The notice of intention to apply for certificate.
7.	On the issue of a certificate of refusal	£3.00	The certificate.
8.	On an application for a Special Exemption Order ... ... ...	£16.50	The application.
9.	On an application for a General Exemption Order	£34.00	The application.
10.	On an application for an occasional licence ... ... ... ...	£14.00	The application.
11.	On an application for an order under section 19 of the Intoxicating Liquor Act, 1960	£55.00	The application.
12.	On an application for a certificate under section 27 of the Intoxicating Liquor Act, 1960 ...	£55.00	The application.
13.	On an application for an order under section 10 of the Intoxicating Liquor Act, 1962 ... ... ... ...	£62.00	The application.
14.	On an application for an authorisation under section 14 of the Intoxicating Liquor Act, 1962 ... ... ...	£55.00	The application.
15.	On an application for an order under section 16 of the Intoxicating Liquor Act, 1962 ... ... ... ...	£42.00	The application.
16.	On an application for an order under section 17 of the Intoxicating Liquor Act, 1962	£14.00	The application.
17.	On an application for a declaration under section 16 of the Intoxicating Liquor Act, 1960	£11.00	The application.
18.	On an application for a restaurant certificate or a limited restaurant certificate ... ... ... ...	£22.00	The application.
19.	On an application for a declaration under section 15 (2) of the Intoxicating Liquor Act, 1960 ...	£27.50	The application.
20.	On an application for a certificate of registration of a club ...	£82.50	The application.
21.	On an application for an authorisation for an extension of club hours	£17.50	The application.
22.	On inspecting the Licensing Register or Clubs Register ... ... ...	£5.50	The requisition for inspection.
23.	On an application for a money-lender's certificate ... ... ... ...	£82.50	The application.
24.	On an application for a public dancing licence for a period not exceeding one month ... ... ... ...	£16.50	The application.
25.	On an application for any other public dancing licence ... ... ...	£82.50	The application.
26.	On an application for the variation of the conditions of a public dancing licence	£8.50	The application.
27.	On an application for a music and singing licence ... ... ...	£16.50	The application.
28.	On an application for a certificate for a gaming licence ... ... ...	£82.50	The application.
29.	On an application for a certificate of qualification to carry on the business of auctioneer or house agent ... ...	£34.00	The application.
30.	On an application for any other declaration, certificate or licence	£11.00	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	£5.00	The notice.
2.	On entering into any recognizance	£3.00	The recognizance.
3.	In licensing cases, on having forwarded by the Clerk of the District Court to the County Registrar the certificate or order of the Justice ... ... ...	£3.00	The certificate or order.

PART VI

CASES STATED

	Item	Fee	Document to be stamped
1.	On delivery of a case stated ... ...	£8.50	The original case stated.
	and, where the case exceeds five folios of 72 words each, for each additional folio after the fifth ... ... ...	£0.50
2.	On entering into a recognizance ...	£3.00	The recognizance.
3.	On the issue of a certificate of refusal	£5.00	The certificate.

PART VII

PROCEEDINGS UNDER THE HOUSING (PRIVATE RENTED DWELLINGS) ACT, 1982

Item

Fee

Document to be stamped

An application under the above Act (including an appeal under section 26(5)) ... ... ... ...

£5.50

The application or the notice of appeal.

Order determining an application referred to at 1 ... ...

£5.50

The Order.

PART VIII

APPEALS UNDER THE BETTING ACT, 1931

Item

Fee

Document to be stamped

On every notice of appeal under section 13 of the Betting Act, 1931 ... ...

£55.00

The notice.

GIVEN under my Official Seal, this 18th day of February, 1985.

MICHAEL NOONAN,

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 18th day

of February, 1985.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

This Order amends the District Court (Fees) Order, 1984 ( S.I. No. 21 of 1984 ) by the substitution of a new Schedule for the Schedule thereto and thereby increases, as from 1st March, 1985, the fees to be charged in District Court Offices.