S.I. No. 363/2011 - Enforcement of Court Orders (Legal Aid) (Amendment) Regulations 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th July, 2011.

I, ALAN SHATTER, Minister for Justice and Equality, in exercise of the powers conferred on me by subsection (4) of section 6A (inserted by section 2 of the Enforcement of Court Orders (Amendment) Act 2009 (No. 21 of 2009)) of the Enforcement of Court Orders Act 1940 (No. 23 of 1940) (as adapted by the Justice and Law Reform (Alteration of Name of Department and Title of Minster) Order 2011 ( S.I. No. 138 of 2011 )), and in so far as the following regulations relate to the rate of payments of fees payable out of moneys provided by the Oireachtas pursuant to certificates for free legal aid with the consent of the Minister for Finance, make the following regulations:

1. (1) These Regulations may be cited as the Enforcement of Court Orders (Legal Aid) (Amendment) Regulations 2011.

(2) These Regulations shall come into operation on 13 July 2011.

2. In these Regulations “Principal Regulations” means the Enforcement of Court Orders (Legal Aid) Regulations 2009 ( S.I. No. 301 of 2009 ).

3. The Principal Regulations are amended by substituting the following Schedule for Schedule 2:

“SCHEDULE 2

Part 1

SOLICITORS’ FEE

Proceedings in District Court

Fee in respect of proceedings:

€201.50 per case

Part 2

SOLICITORS’ FEE

Appeal against order for imprisonment of debtor

Fee in respect of an appeal against an order for imprisonment of a debtor made under paragraph (c) or (d) of subsection (7) of section 6 (inserted by section 2 of the Act of 2009) of the Act of 1940:

€201.50 per case

Part 3

SOLICITORS’ FEE

Hearing by High Court of case stated

Fee in respect of the hearing by the High Court of a case stated:

€1,332.90 per case

Part 4

COUNSELS’ FEE

Hearing by High Court of case stated

Fee in respect of the hearing by the High Court of a case stated:

€1,332.90 per case”.

The Minister for Finance consents to the making of the foregoing Regulations.

GIVEN under the Official Seal of the Minister for Finance,

11 July 2011.

MICHAEL NOONAN,

Minister for Finance.

GIVEN under my Official Seal,

12 July 2011.

ALAN SHATTER,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These Regulations provide for a decrease in the fees payable in proceedings on a summons under Section 6 (inserted by Section 2 of the Act of 2009) of the Enforcement of Court Orders Act, 1940 (including that section as applied by section 8 (as amended by the said section 2) of the Act of 1940 as follows:

10% with effect from 13th July, 2011