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S.I. No. 110/2012 - Supreme Court and High Court (Fees) Order 2012.
Table of Provisions (72)
Statutory Text (72 Articles)
1. A percentage on the clear annual income of each minor taken into the wardship of the High Court shall be payable at the same rates as apply to the incomes of wards of court who are of unsound mind, save that the percentage shall be charged only on that part of the clear annual income that exceeds €900.
2. Where a minor has an interest in property, the Registrar of Wards of Court may apportion as remuneration for any services rendered by the minor in connection therewith such part of the profits accruing to him from the property as appears to the Registrar to be reasonable and no percentage shall be charged on the amount thus apportioned.
PART 3
Calculation, Collection and Disposal
The rules heretofore in operation under the Lunacy Regulation (Ireland) Act 1871 with respect to the method of calculation, collection and disposal of the percentage charged on the incomes of persons of unsound mind shall continue to apply to the percentage charged on such incomes under this Order and shall apply likewise or in an analogous manner to the percentage charged on the incomes of minors under this Order. Where, in any such rule, reference is made to the death of a person of unsound mind, the reference shall, in its application to a minor, include a reference to the minor’s attaining the age of 18.
The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.
GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,
28 March 2012.
BRENDAN HOWLIN,
Minister for Public Expenditure and Reform.
GIVEN under my Official Seal,
28 March 2012.
ALAN SHATTER,
Minister for Justice and Equality.
EXPLANATORY NOTE
(This does not form part of the instrument and does not purport to be a legal interpretation.)
This order revokes the Supreme Court and High Court (Fees) Order, 2011 (
S.I. No. 406 of 2011
).
This Order provides for the fees to be charged with effect from 10 April 2012, in the Office of the Registrar of the Supreme Court, the Central Office, the Examiner’s Office, the Office of the Official Assignee in Bankruptcy, the Taxing Master’s Office, the Accountant’s Office, the Office of Wards of Court, the Probate Office and District Probate Registries.
In addition, the Order provides for the exemption from fees of certain proceedings, including family law proceedings.
3. Any fractional part of €1.00 in the amount of a percentage shall be disregarded and shall not be levied or paid.
PART 2
Minor Percentages
4. For every Consent to withdrawal of — caveats, warnings, etc.
€24.00
5. For filing any other Document (except those filed at time of lodgement of full set of papers) of application for a grant
€12.00
6. For every Notice of Change of Solicitor
€24.00
7. Fees payable on a Primary Grant of Representation where the net value of the Estate does not exceed
€75,000
€87,500
€100,000
€112,500
€125,000
for every €31,250 or fraction thereof by which the value exceeds €125,000 a further fee of (e.g. €156,250
€187,500)
€100.00
€110.00
€120.00
€125.00
€135.00
€12.00
(€147.00
€159.00 etc.)
8. For every double, cessate, unadministered or duplicate grant of representation
€110.00
9. Where any grant is sought by personal application
the total fee payable (inclusive of the Court fee) shall be double the appropriate amount chargeable under item number 7 or item number 8, as applicable
10. For every affidavit not filed at the time of lodgement of a full set of application papers for a grant
€19.00
11. For lodging or re-entering any motion paper, whether
ex parte
or on notice
€40.00
12. For every first copy of a court order or side bar order
€19.00(This fee shall not be chargeable where the order is made in chambers pursuant to
section 36
of the
Succession Act, 1965
and the copy is bespoken by the intended grantee or his solicitor)
13. On lodgement of a corrective affidavit
The correct fee under item number 7 or item number 9 as appropriate less the amount of the fee previously charged
14. For the entry of any caveat
€50.00
15. For filing any warning, citation or subpoena or any appearance to any warning, citation or subpoena
€24.00
16. For the withdrawal of any caveat
€20.00
17. For the withdrawal of any application
€20.00
18. For settling any advertisement in connection with a citation or otherwise
€12.00
19. For every search made by an applicant for a will or for any record of a grant or any other document filed in the Probate Office or in a District Probate Registry, including the inspection of any original will or codicil or any record of a grant
€7.00
20. For every similar search made by an Officer of the Probate Office or of a District Probate Registry for which the officer is requested to search
€12.00
21. For all searches made on any one day by the representative of a newspaper or group of newspapers(The representative must state on the search docket his name and that of the newspaper or group of newspapers which he represents)
€24.00
22. For any official copy of any will, grant or other document (other than an Inland Revenue affidavit)
€6.50
23. For a sealed and certified copy will or grant
€12.00
24. For a sealed and certified copy will and grant bespoken at the same time
€19.00
25. For making an attested copy of an Inland Revenue affidavit
€12.00
SCHEDULE 2
PERCENTAGES PAYABLE IN THE OFFICE OF THE WARDS OF COURT
PART 1
Lunacy Percentages
26. On an inquiry to ascertain the person or persons interested in any property or entitled thereto as next-of-kin or heir-at-law or otherwise—
(a) in all cases, save those set out in subparagraph (b) of this paragraph, for every €100 of the value of the property
(b) on an enquiry to ascertain the next-of-kin or heir-at-law of any person—
(i) where such person is an ancestor of such next-of-kin or heir-at-law, or where the common ancestor is a parent
(ii) where the common ancestor is a grandparent
(iii) where the common ancestor is a great-grandparent or a more remote ancestor
€2.50
€17.00
€30.00
€55.00
27. On ascertaining pursuant to an order—
(a) the outstanding estate of a deceased person, or
(b) any property subject to a trust, mortgage or charge, of
(c) any partnership assets,
—for every €100.00 of the amount of value thereof
(The amount on which this fee is payable shall not include any outstanding debt believed to be bad or irrecoverable, but shall include all sums paid after the commencement of the proceedings to creditors or to persons beneficially interested)
€2.50
(Only one fee shall be chargeable in respect of any particular property or moneys in respect of item numbers 23 to 26 inclusive)
28. On settling—
(a) a scheme for the management of a charity, or a scheme where the amount involved does not exceed €1,500.00,
(b) any other scheme
€72.00
€130.00
29. On signing, settling or approving—
(a) any advertisement, or authority for a broadcast announcement, for any person entitled as next-of-kin, heir-at-law or otherwise to share in any property
(i) for the first advertisement or authority signed in respect of any person or persons
(ii) for any subsequent advertisement or authority signed in respect of the person or persons,
(b) any other advertisement
€78.00
€52.00
€52.00
30. On the examination of a witness—
(a) before an officer of the Court in his office (otherwise than for the purpose of any inquiry, taxation of costs or other proceedings before the officer)— for each hour or part of an hour
(b) by an officer away from his office— for each day or part of a day
€19.00 and an amount equal to the reasonable expenses of the officer €72.00 and an amount equal to the reasonable expenses of the officer
31. On every application for an endorsement of a certificate for registration of a judgment mortgage in the Property Registration Authority
€17.00
H
Searches and Inspections
32. On an application to inspect any document filed or deposited in the Central Office more than three years before such application, unless otherwise expressly provided for by this Order
€12.00(not to be charged if a copy of the document is bespoken)
33. On a memorandum for the registration of—
(a) a decree of the District Court
(b) a judgment of the Circuit Court
(c) a judgment of the High Court
€23.00
€23.00
€23.00
34. On a memorandum for the re-entry of a judgment, decree, order or rule pursuant to the Judgments (Ireland) Act 1844
€23.00
35. On a memorandum for the registration of a
lis pendens
pursuant to the said Act
€23.00
36. On a memorandum for the re-entry of a
lis pendens
pursuant to the said Act
€23.00
37. On a requisition for liberty to search pursuant to the said Act—for each person searched against
€23.00
(not to be charged if a requisition for an official search is lodged)
38. On a memorandum for registration of the satisfaction or vacate of any judgment, bond or recognizance, decree, rule or order or for the re-docketing of any bonds or recognizances pursuant to the Land Transfer (Ireland) Act 1848
€23.00
39. On a requisition for a search for judgments or revivals entered up before 15 July 1850, and for decrees, rules, orders or civil bill decrees for poor rates made before 15 July 1850, and for
lites pendentes
registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person
€24.00
40. On a requisition for a search for judgments, revivals, decrees, rules, orders,
lites pendentes
and civil bill decrees for poor rates registered or re-registered against any person and for recognizances and bonds, judgments, statutes, inquisitions and acceptances of office registered or re-registered against the same person
€23.00
41. On a requisition for a duplicate of a search pursuant to the Judgments Registry (Ireland) Act 1871
€24.00
42. On a memorandum of vacate of a
lis pendens
€23.00
I
Bill of Sale
43. On filing a bill of sale
€19.00
44. For a search in the bills of sale index
€23.00(not to be charged if a copy of a bill of sale is bespoken)
45. For inspecting any bill of sale
€6.50
(not to be charged if a copy is bespoken)
J
Bonds, etc
.
46. On filing any recognizance or bond in the Central Office and giving a certificate thereof
€19.00
K
Powers of Attorney
47. On depositing a power of attorney in the Central Office pursuant to the Conveyancing Act 1881
€19.00
48. For a search for a power of attorney so deposited, and for inspecting the same and the affidavit or other documents deposited therewith
€23.00
(not to be charged if a copy is bespoken)
L
Enrolment
49. On enrolling any deed or document—for each 10 folios or part of 10 folios
€35.00
M
Admiralty
50. On a certificate under Order 64, Rule 46, paragraph 9, of the Rules of the Superior Courts
€52.00
51. On issuing any instrument under Order 64, Rule 56, of the Rules of the Superior Courts
€55.00
52. On appointing and swearing appraisers
€55.00
53. On delivering up a ship or goods to a purchaser
€78.00
54. On the sale of a ship or goods—for every €100.00 or fraction of €100.00 of the price
€11.50
55. For attending the discharge of a cargo or the removal of a ship or goods, per day
€77.00
56. For retaining possession of a ship with or without a cargo, or of a ship’s cargo without a ship, per day
€6.50
57. For executing a warrant or commission
€55.00
58. For releasing a ship and cargo, or either of them
€23.00 and an amount equal to—
(a) the reasonable expenses per day of supplying a shipkeeper or shipkeepers where such is or are employed;
(b) the reasonable travelling and subsistence expenses of the officer for the time being exercising the functions formerly exercised by the Admiralty Marshal, if such officer is required, for the purpose of carrying out any of the above duties, to travel more than five miles from his office.
N
Bankruptcy
59. On every petition of bankruptcy
€82.50
60. On every petition of arrangement
€82.50
61. On every petition under Part VI of the
Bankruptcy Act 1988
€82.50
62. On every bankruptcy summons
€82.50
63. On every bond, with or without sureties
€14.00
64. On every
subpoena
or summons (other than a bankruptcy summons)
€18.00
65. On every affidavit
€18.00
66. (a) On filing a notice of intention to show cause (b) On filing a charge or discharge
€52.00€23.00
67. On filing a charge or discharge
€23.00
68. For a search by any person other than the bankrupt, the arranging debtor, the Official Assignee or the trustee in the matter
€6.00
69. On commission to examine a witness
€11.50
70. On making a plain copy of any document or form
€15.00 for document
O
Petitions, Applications and Appeals under the Solicitors Acts 1954 to 2011
71. On lodging a notice of motion of application or a notice or motion of appeal under the Solicitors Acts 1954 to 2011 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts application or a notice or motion of appeal under the Solicitors Acts 1954 to 2011 or on presenting a petition under Part III of Order 53 of the Rules of the Superior Courts
€130.00
PART 4
Fees payable in the Accountant’s Office
Item
(1)
Fee
(2)
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of
6
th April
, 2012.
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