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I, MICHAEL McDOWELL, 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
)), with the consent of the Minister for Finance, hereby order as follows:
1. (1) This Order may be cited as the District Court (Fees) Order 2004.
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(2) This Order shall come into operation on 1 August, 2004.
2. The
Interpretation Act 1937
(No. 38 of 1937) applies to this Order.
3. There shall be charged in the offices of the District Court, in respect of each item specified in column (1) of each Part of the Schedule to this Order, the fee set out in column (2) of the Part concerned opposite the mention of that item.
4. The payment of the fee chargeable in respect of an item mentioned in column (1) of each Part of the Schedule 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 Part concerned opposite the mention of the item.
5. No fee shall be payable under this Order in—
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(a) any family law proceedings,
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(b) any matrimonial cause or matter, or
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(c) proceedings brought by a health board or health authority in any matter relating to minors.
6. (1) No fee shall be payable under this Order by, or on behalf of—
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(a) the Attorney General, in proceedings to which he is a party,
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(b) the Director of Public Prosecutions, in proceedings to which he is a party,
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(c) a member of the Garda Síochána, in proceedings for an offence brought by the member concerned,
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(d) a Minister of the Government, in proceedings brought by the Minister of the Government concerned,
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(e) the Revenue Commissioners, in proceedings brought by them,
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(f) a local authority, in proceedings under the
Local Authorities (Traffic Wardens) Act 1975
(No. 14 of 1975), or
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(g) a probation and welfare officer, in proceedings under the
Probation of Offenders Act 1907
or the
Criminal Justice (Community Service) Act 1983
(No. 23 of 1983).
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(2) No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by—
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(a) the Chief State Solicitor,
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(b) the Chief Prosecution Solicitor, or
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(c) a local State Solicitor acting in that capacity.
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(3) No fee shall be payable under this Order in respect of a witness called to give evidence in proceedings to which this article applies by or on behalf of a person to whom this Article applies.
7. The District Court (Fees) Order 2003 (
S.I. No. 87 of 2003
) is revoked.
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SCHEDULE
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PART 1
General
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|
Item
|
Fee
|
Document to be stamped
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(1)
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(2)
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(3)
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1
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On the issue of a summons (including a summons issued by a Local Authority under the Housing Acts) against one defendant or against several joint defendants or for the attendance of one or more witnesses.
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€9.00
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The original summons
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2
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On obtaining a copy of an information, a certified copy of an order, signed entry or other document
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€9.00
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The Court fee card
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3
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On an application for the removal of a disqualification order
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€18.00
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The application or the notice
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4
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On an application for an order, or on a notice of appeal to the District Court
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€18.00
(no fee shall be payable for an extension of time for payment of a fine or for an appeal to the Circuit Court)
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The notice or application
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PART 2
Civil proceedings
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|
Item
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Fee
|
Document to be stamped
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(1)
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(2)
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(3)
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1
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On the issue of a civil summons
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€18.00
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The original civil summons
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2
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On lodging any affidavit (other than an affidavit under Order 45 of the District Court Rules 1997)
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€9.00
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The affidavit
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3
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On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum
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€9.00
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The original summons
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4
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On the issue of a notice of motion
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€9.00
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The original notice of motion
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5
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On the issue of a notice of application for compensation under
the Malicious Injuries Act 1981
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€9.00
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The original notice of application
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6
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On a certificate at the foot of a memorandum for the registration of a decree
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€9.00
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The certificate or court fee card
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7
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On the filing of every counterclaim or set off
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€9.00
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The document filed
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PART 3
Enforcement of Court Orders proceedings
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|
Item
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Fee
|
Document to be stamped
|
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(1)
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(2)
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(3)
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1
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On the issue of a summons for attendance of a debtor
|
€9.00
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The original order or summons
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2
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On the issue of a summons for committal in default of payment or of a variation summons
|
€9.00
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The original summons
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PART 4
Licensing matters
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Item
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Fee
|
Document to be stamped
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(1)
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(2)
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(3)
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1
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On an application for a declaration under section 15(1) of
the Intoxicating Liquor Act 1960
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€100.00
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The application
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2
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On an application for a certificate for the grant of a spirit grocer's or a retail beer dealer's licence—
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(a) consequent on a declaration of intention to apply for a certificate,
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€100.00
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The application
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(b) in any other case
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€100.00
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The application
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3
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On an application for an interim transfer of a licence or an endorsement under
section 28
of the
Intoxicating Liquor Act 1960
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€100.00
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The application
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4
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On an application for a certificate of transfer of a licence
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€100.00
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The notice of intention to apply for a certificate
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5
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On the issue of a certificate of renewal of a licence
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€100.00
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The certificate or court fee card
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6
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On an application for a certificate for the grant of a new wholesale beer dealer's licence
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€100.00
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The notice of intention to apply for certificate
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7
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On an application for a Special Exemption Order
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€100.00
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The application
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8
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On an application for a General Exemption Order
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€100.00
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The application
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9
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On an application for a occasional licence
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€100.00
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The application
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9a
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On an application under
section 23
of the
Intoxicating Liquor Act 2000
for the licensing of an Authorised Event at a racecourse or greyhound track
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€100.00
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The application
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10
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On an application for an order under
section 19
of the
Intoxicating Liquor Act 1960
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€100.00
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The application
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10a
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On an application for an order under section 20(2) of
the Intoxicating Liquor Act 2000
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€100.00
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The application
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10b
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On an application for an order under section 20(3) of
the Intoxicating Liquor Act 2000
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€100.00
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The application
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11
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On an application for a certificate under
section 27
of the
Intoxicating Liquor Act 1960
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€100.00
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The application
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12
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On an application for an order under
section 10
of the
Intoxicating Liquor Act 1962
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€100.00
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The application
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13
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On an application for an authorisation under
section 14
of the
Intoxicating Liquor Act 1962
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€100.00
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The application
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14
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On an application for an order under
section 16
of the
Intoxicating Liquor Act 1962
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€100.00
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The application
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15
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On an application for an order under
section 17
of the
Intoxicating Liquor Act 1962
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€100.00
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The application
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16
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On an application for a declaration under
section 16
of the
Intoxicating Liquor Act 1960
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€100.00
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The application
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16a
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On an application for a restaurant certificate or a limited restaurant certificate
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€100.00
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The application
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17
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On an application for a declaration under section 15(2) of
the Intoxicating Liquor Act 1960
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€100.00
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The application
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18
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On an application for a certificate of registration of a club
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€100.00
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The application
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19
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On an application for an authorisation for an extension of club hours
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€100.00
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The application
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20
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On inspecting the Licensing Register or Clubs Register
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€25.00
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The requisition for inspection or court fee card
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21
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On an application for a public dancing licence for a period not exceeding one month
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€100.00
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The application
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22
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On an application for any other public dancing licence
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€100.00
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The application
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23
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On an application for a music and singing licence
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€100.00
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The application
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24
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On an application for a certificate for a gaming licence
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€100.00
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The application
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25
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On an application for a certificate of qualification to carry on the business of auctioneer or house agent
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€100.00
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The application
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26
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On an application for a lottery licence under
section 28
of the
Gaming and Lotteries Act 1956
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€100.00
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The application
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27
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On an application for any other order, declaration, certificate or licence in licensing matters
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€100.00
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The application
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28
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On lodging a notice of objection to the renewal of an Intoxicating Liquor Licence
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€25.00
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The notice
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PART 5
Appeals to Circuit Court other than Appeals in Criminal Cases
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|
Item
|
Fee
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Document to be stamped
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(1)
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(2)
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(3)
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1
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On lodgement with the Clerk of the District Court of the notice of appeal
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€18.00
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The notice
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PART 6
Cases Stated
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|
Item
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Fee
|
Document to be stamped
|
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(1)
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(2)
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(3)
|
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1
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On delivery of a case stated
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€18.00
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The original case stated
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PART 7
Proceedings under Housing (Private Rented Dwellings) Act 1982
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|
Item
|
Fee
|
Document to be stamped
|
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|
(1)
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(2)
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(3)
|
|
1
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An application under the above Act (including an appeal under section 26(5))
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€9.00
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The application or the notice of appeal
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2
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An order determining an application referred to at 1
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€9.00
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The order or court fee card
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PART 8
Appeals under Betting Act 1931
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|
Item
|
Fee
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Document to be stamped
|
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(1)
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(2)
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(3)
|
|
1
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On every notice of appeal under
section 13
of the
Betting Act 1931
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€135.00
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The notice
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PART 9
Small Claims Procedure
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|
Item
|
Fee
|
Document to be stamped
|
|
|
(1)
|
(2)
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(3)
|
|
1
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On lodging an application with the Small Claims Register
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€9.00
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The application or court fee card
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2
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On lodging a Notice of Dispute with a counterclaim with the Small Claims Registrar
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€9.00
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The notice or court fee card
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GIVEN under my Official Seal, 12th July, 2004.
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MICHAEL McDOWELL,
Minister for Justice, Equality and Law Reform.
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The Minister for Finance consents to the making of the foregoing Order.
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GIVEN under my Official Seal, 15th July, 2004.
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CHARLIE McCREEVY,
Minister for Finance.
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EXPLANATORY NOTE.
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(This note is not part of the Instrument and does not purport to be a legal interpretation.)
|
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This Order revokes the District Court (Fees) Order, 2003 (
S.I. No. 87 of 2003
).
|
| |
The Order provides for the fees to be charged in District Court offices with effect from 01 August, 2004.
|
| |
In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.
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For easy reference an index to the contents of each part of the Schedule to this Order is set out below.
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INDEX TO SCHEDULE:
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PART 1
|
—
|
General
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PART 2
|
—
|
Civil Proceedings
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PART 3
|
—
|
Enforcement of Court Orders Proceedings
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PART 4
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—
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Licensing Matters
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PART 5
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—
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Appeals to the Circuit Court other than Appeals in Criminal Cases
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PART 6
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—
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Cases Stated
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PART 7
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—
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Proceedings under the
Housing (Private Rented Dwellings) Act, 1982
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PART 8
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—
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Fees payable in Appeals under the
Betting Act, 1931
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PART 9
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—
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Small Claims Procedure
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