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Notice of the making of this Statutory Instrument was published in
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“Iris Oifigiúil” of 6th April, 2012.
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I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by section 65 (as amended by
section 66
of the
Civil Law (Miscellaneous Provisions) Act 2011
(No. 23 of 2011)) of the
Courts of Justice Act 1936
(No. 48 of 1936) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minister) Order 2011 (
S.I. No. 138 of 2011
)), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:
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1. (1) This Order may be cited as the District Court (Fees) Order 2012.
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(2) This Order shall come into operation on 10 April 2012.
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2. 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, the fee set out in column (2) of the Part concerned opposite the mention of that item.
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3. No fee shall be payable under this Order in—
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(a) any family law proceedings, other than in respect of the item specified, at reference number 3, in column (1) of Part 1 of the Schedule,
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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.
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4. (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 or she is a party,
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(b) the Director of Public Prosecutions, in proceedings to which he or she 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.
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5. The District Court (Fees) Order 2011 (
S.I. No. 408 of 2011
) is revoked.
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SCHEDULE
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PART 1
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General
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Item(1)
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Fee(2)
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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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€13.00
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2
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On obtaining a copy of any information, a certified copy of an order, signed entry or other document
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€15.00
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3
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On obtaining a second or subsequent copy order in family law proceedings, in respect of each such copy
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€15.00
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4
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On an application for the removal of a disqualification order
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€52.00
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5
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On an application for an order, or on a notice of appeal to the District Court
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€23.00 (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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PART 2
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Civil proceedings
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Item(1)
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Fee(2)
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1
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On the issue of a civil summons
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€22.00
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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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€11.00
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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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€11.00
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4
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On the issue of a notice of motion
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€11.00
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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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€11.00
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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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€11.00
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7
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On the filing of every counterclaim or set off
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€11.00
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8
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On an application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority
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€17.00
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PART 3
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Enforcement of Court Orders proceedings
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Item(1)
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Fee(2)
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1
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On the issue of a summons for attendance of a debtor
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€11.00
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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
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€11.00
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PART 4
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Licensing matters
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Item(1)
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Fee(2)
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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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€150.00
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2
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On an application for a certificate for the grant of a spirit grocers or a retail beer dealers licence— (a) consequent on a declaration of intention to apply for a certificate, (b) in any other case
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€150.00€150.00
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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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€150.00
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4
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On an application for a certificate of transfer of a licence
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€150.00
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5
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On the issue of a certificate of renewal of a licence
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€150.00
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6
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On an application for a certificate for the grant of a new wholesale beer dealers licence
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€150.00
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7
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On an application for a Special Exemption Order
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€300.00
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8
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On an application for a General Exemption Order
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€150.00
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9
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On an application for an occasional licence
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€150.00
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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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€150.00
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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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€150.00
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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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€150.00
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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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€150.00
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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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€150.00
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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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€750.00
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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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€150.00
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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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€150.00
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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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€150.00
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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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€150.00
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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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€150.00
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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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€150.00
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18
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On an application for a certificate of registration of a club
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€150.00
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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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€150.00
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20
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On inspecting the Licensing Register or Clubs Register
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€35.00
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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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€150.00
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22
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On an application for any other public dancing licence
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€335.00
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23
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On an application for a music and singing licence
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€150.00
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24
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On an application for a certificate for a gaming licence
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€150.00
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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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€150.00
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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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€150.00
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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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€150.00
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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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€35.00
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PART 5
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Appeals to Circuit Court other than Appeals in Criminal Cases
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Item(1)
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Fee(2)
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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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€22.00
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PART 6
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Cases Stated
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Item(1)
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Fee(2)
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1
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On delivery of a case stated
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€22.00
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PART 7
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Proceedings under Housing (Private Rented Dwellings) Act 1982
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Item(1)
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Fee(2)
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1
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An application under the above Act (including an appeal under section 26(5))
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€11.00
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2
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An order determining an application referred to at item number 1
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€11.00
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PART 8
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Appeals under Betting Act 1931
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PART 9
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Small Claims Procedure
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Item(1)
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Fee(2)
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1
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On lodging an application with the Small Claims Registrar
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€25.00
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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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€25.00
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The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.
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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
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28 March 2012.
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BRENDAN HOWLIN,
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Minister for Public Expenditure and Reform.
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GIVEN under my Official Seal,
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28 March 2012.
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ALAN SHATTER,
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Minister for Justice and Equality.
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EXPLANATORY NOTE
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(This does not form 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, 2011 (
S.I. No. 408 of 2011
).
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This Order provides for the fees to be charged in District Court offices with effect from 10 April 2012.
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In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.
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