S.I. No. 446/2004 - District Court (Fees) Order 2004

1. (1) This Order may be cited as the District Court (Fees) Order 2004.

(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—

(

a

) any family law proceedings,

(

b

) any matrimonial cause or matter, or

(

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—

(

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,

(

b

) the Chief Prosecution Solicitor, or

(

c

) 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.

7. The District Court (Fees) Order 2003 (

S.I. No. 87 of 2003

) is revoked.

SCHEDULE

PART 1

General

Item

Fee

Document to be stamped

(1)

(2)

(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

Fee

Document to be stamped

(1)

(2)

(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

Fee

Document to be stamped

(1)

(2)

(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

Fee

Document to be stamped

(1)

(2)

(3)

1

On an application for a declaration under section 15(1) of

the Intoxicating Liquor Act 1960

€100.00

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,

€100.00

The application

(

b

) in any other case

€100.00

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

€100.00

The application

4

On an application for a certificate of transfer of a licence

€100.00

The notice of intention to apply for a certificate

5

On the issue of a certificate of renewal of a licence

€100.00

The certificate or court fee card

6

On an application for a certificate for the grant of a new wholesale beer dealer's licence

€100.00

The notice of intention to apply for certificate

7

On an application for a Special Exemption Order

€100.00

The application

8

On an application for a General Exemption Order

€100.00

The application

9

On an application for a occasional licence

€100.00

The application

9a

On an application under

section 23

of the

Intoxicating Liquor Act 2000

for the licensing of an Authorised Event at a racecourse or greyhound track

€100.00

The application

10

On an application for an order under

section 19

of the

Intoxicating Liquor Act 1960

€100.00

The application

10a

On an application for an order under section 20(2) of

the Intoxicating Liquor Act 2000

€100.00

The application

10b

On an application for an order under section 20(3) of

the Intoxicating Liquor Act 2000

€100.00

The application

11

On an application for a certificate under

section 27

of the

Intoxicating Liquor Act 1960

€100.00

The application

12

On an application for an order under

section 10

of the

Intoxicating Liquor Act 1962

€100.00

The application

13

On an application for an authorisation under

section 14

of the

Intoxicating Liquor Act 1962

€100.00

The application

14

On an application for an order under

section 16

of the

Intoxicating Liquor Act 1962

€100.00

The application

15

On an application for an order under

section 17

of the

Intoxicating Liquor Act 1962

€100.00

The application

16

On an application for a declaration under

section 16

of the

Intoxicating Liquor Act 1960

€100.00

The application

16a

On an application for a restaurant certificate or a limited restaurant certificate

€100.00

The application

17

On an application for a declaration under section 15(2) of

the Intoxicating Liquor Act 1960

€100.00

The application

18

On an application for a certificate of registration of a club

€100.00

The application

19

On an application for an authorisation for an extension of club hours

€100.00

The application

20

On inspecting the Licensing Register or Clubs Register

€25.00

The requisition for inspection or court fee card

21

On an application for a public dancing licence for a period not exceeding one month

€100.00

The application

22

On an application for any other public dancing licence

€100.00

The application

23

On an application for a music and singing licence

€100.00

The application

24

On an application for a certificate for a gaming licence

€100.00

The application

25

On an application for a certificate of qualification to carry on the business of auctioneer or house agent

€100.00

The application

26

On an application for a lottery licence under

section 28

of the

Gaming and Lotteries Act 1956

€100.00

The application

27

On an application for any other order, declaration, certificate or licence in licensing matters

€100.00

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

Fee

Document to be stamped

(1)

(2)

(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

Fee

Document to be stamped

(1)

(2)

(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

Fee

Document to be stamped

(1)

(2)

(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

Fee

Document to be stamped

(1)

(2)

(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

Fee

Document to be stamped

(1)

(2)

(3)

1

On lodging an application with the Small Claims Register

€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, 12th July, 2004.

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, 15th July, 2004.

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) 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.

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

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