S.I. No. 87/2003 - District Court (Fees) Order 2003

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S.I. No. 87/2003 - District Court (Fees) Order 2003
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 ), and 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 2003.
(2)      This Order comes into operation on 10th March, 2003.

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 the Schedule to this Order, the fee set out in column (2) of that Schedule opposite the mention of that item.

4.       No fee shall be payable under this Order in any family law proceedings, in any matrimonial cause or matter, or in proceedings brought by a health board or health authority in any matter relating to minors.

5.       (1)      No fee shall be payable under this Order by, or on behalf of -
(a)      the Attorney General, in proceedings to which he is a party,
(b)      the Director of Public Prosecutions, in proceedings to which he is a party,
(c)      a member of the Garda Síochána, in proceedings for an offence brought by the member concerned,
(d)      a Minister of the Government, in proceedings brought by the Minister of the Government concerned,
(e)      the Revenue Commissioners, in proceedings brought by them,
(f)       a local authority, in proceedings under the Local Authorities (Traffic Wardens) Act 1975 (No. 14 of 1975), or
(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).
(2)      No fee shall be payable under this Order by, or on behalf of, any person represented in proceedings (whether civil or criminal) by-
(a)      the Chief State Solicitor, or
(b)      a local State Solicitor acting in that capacity.
(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.

6.       The payment of the fee chargeable in respect of an item mentioned in column (1) 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 that Schedule opposite the mention of that item.

7.       The District Court (Fees) (No. 2) Order 2001 ( S.I. No. 487 of 2001 ) is revoked.
SCHEDULE
PART 1

General
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
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
€9.00
The original summons
2
On obtaining a copy of an information, a certified copy of an order, signed entry or other document
€9.00
The Court fee card
3
On an application for the removal of a disqualification order
€18.00
The application or the notice
4
On an application for an order, or on a notice of appeal to the District Court
€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)
The notice or application
 
 
 
 
PART 2

Civil proceedings
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
On the issue of a civil summons
€18.00
The original civil summons
2
On lodging any affidavit (other than an affidavit under Order 45 of the District Court Rules 1997)
€9.00
The affidavit
3
On the issue of a summons in the nature of a subpoena ad testificandum or duces tecum
€9.00
The original summons
4
On the issue of a notice of motion
€9.00
The original notice of motion
5
On the issue of a notice of application for compensation under the Malicious Injuries Act 1981
€9.00
The original notice of application
6
On a certificate at the foot of a memorandum for the registration of a decree
€9.00
The certificate or court fee card
7
On the filing of every counterclaim or set off
€9.00
The document filed
 
 
 
 
PART 3

Enforcement of Court Orders proceedings
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
On the issue of a summons for attendance of a debtor
€9.00
The original order or summons
2
On the issue of a summons for committal in default of payment or of a variation summons
€9.00
The original summons
 
 
 
 
PART 4

Licensing matters
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
On an application for a declaration under section 15 (1) of the Intoxicating Liquor Act 1960
€65.00
The application
2
On an application for a certificate for the grant of a spirit grocer's or a retail beer dealer's licence-
 
 
 
(a) consequent on a declaration of intention to apply for a certificate,
€65.00
The application
 
(b) in any other case
€130.00
The application
3
On an application for an interim transfer of a licence or an endorsement under section 28 of the Intoxicating Liquor Act 1960
€65.00
The application
4
On an application for a certificate of transfer of a licence
€65.00
The notice of intention to apply for a certificate
5
On the issue of a certificate of renewal of a licence
€25.00
The certificate or court fee card
6
On an application for a certificate for the grant of a new wholesale beer dealer's licence
€65.00
The notice of intention to apply for certificate
7
On an application for a Special Exemption Order
€35.00
The application
8
On an application for a General Exemption Order
€90.00
The application
9
On an application for an occasional licence
€35.00
The application
9a
On an application under section 23 of the Intoxicating Liquor Act 2000 for the licensing of an Authorised Event at a racehouse or greyhound track
€35.00
The application
10
On an application for an order under section 19 of the Intoxicating Liquor Act 1960
€130.00
The application
10a
On an application for an order under section 20 (2) of the Intoxicating Liquor Act 2000
€130.00
The application
10b
On an application for an order under section 20 (3) of the Intoxicating Liquor Act 2000
€130.00
The application
11
On an application for a certificate under section 27 of the Intoxicating Liquor Act 1960
€130.00
The application
12
On an application for an order under section 10 of the Intoxicating Liquor Act 1962
€180.00
The application
13
On an application for an authorisation under section 14 of the Intoxicating Liquor Act 1962
€130.00
The application
14
On an application for an order under section 16 of the Intoxicating Liquor Act 1962
€90.00
The application
15
On an application for an order under section 17 of the Intoxicating Liquor Act 1962
€35.00
The application
16
On an application for a declaration under section 16 of the Intoxicating Liquor Act 1960
€25.00
The application
16a
On an application for restaurant certificate or a limited restaurant certificate
€65.00
The application
17
On an application for a declaration under section 15 (2) of the Intoxicating Liquor Act 1960
€65.00
The application
18
On an application for a certificate of registration of a club
€180.00
The application
19
On an application for an authorisation for an extesnion of club hours
€35.00
The application
20
On inspecting the Licensing Register of Clubs Register
€18.00
The requistion for inspection or court fee card
21
On an application for a public dancing licence for a period not exceeding one month
€35.00
The application
22
On an application for any other public dancing licence
€180.00
The application
23
On an application for a music and singing licence
€35.00
The application
24
On an application for a certificate for a gaming licence
€180.00
The application
25
On an application for a certificate of qualification to carry on the business of auctioneer or house agent
€90.00
The application
26
On an application for a lottery licence under section 28 of the Gaming and Lotteries Act 1956
€45.00
The application
27
On an application for any other order, declaration, certificate or licence in licensing matters
€25.00
The application
28
On lodging a notice of objection to the renewal of an Intoxicating Liquor Licence
€25.00
The notice
 
 
 
 
PART 5

Appeals to Circuit Court other than Appeals in Criminal Cases
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
On lodgement with the Clerk of the District Court of the notice of appeal
€18.00
The notice
 
 
 
 
PART 6

Cases Stated
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
On delivery of a case stated
€18.00
The original case stated
 
 
 
 
PART 7

Proceedings under Housing (Private Rented Dwellings) Act 1982
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
An application under the above Act (including an appeal under section 26(5))
€9.00
The application or the notice of appeal
2
An order determining an application referred to at 1
€9.00
The order or court fee card
 
 
 
 
PART 8

Appeals under Betting Act 1931
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
On every notice of appeal under section 13 of the Betting Act 1931
€135.00
The notice
 
 
 
 
PART 9

Small Claims Procedure
 
Item

(1)
Fee

(2)
Document to be stamped

(3)
1
On lodging an application with the Small Claims Registrar
€9.00
The application or court fee card
2
On lodging a Notice of Dispute with a counterclaim with the Small Claims Registrar
€9.00
The notice or court fee card
 
GIVEN under my Official Seal,

5th March 2003.
MICHAEL McDOWELL

____________________________________

Minister for Justice,

Equality and Law Reform.
The Minister for Finance consents to the making of the foregoing Order.
GIVEN under my Official Seal,

5th March 2003.
CHARLIE McCREEVY

____________________________

Minister for Finance.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
This Order revokes the District Court (Fees) (No. 2) Order, 2001 ( S.I. No. 487 of 2001 ).
The Order provides for the fees to be charged in District Court offices with effect from 10th March, 2003.
In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.
For easy reference an index to the contents of each part of the Schedule to this Order is set out below.
INDEX TO SCHEDULE:
PART 1 -         General
PART 2 -         Civil Proceedings
PART 3 -         Enforcement of Court Orders Proceedings
PART 4 -         Licensing Matters
PART 5 -         Appeals to the Circuit Court other than Appeals in Criminal Cases
PART 6 -         Cases Stated
PART 7 -         Proceedings under the Housing (Private Rented Dwellings) Act, 1982
PART 8 -         Fees payable in Appeals under the Betting Act, 1931
PART 9 -         Small Claims Procedure

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