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S.I. No. 342/1989 -- Circuit Court (Fees) Order, 1989.

S.I. No. 342/1989 -- Circuit Court (Fees) Order, 1989. 1989 342

S.I. No. 342/1989:

CIRCUIT COURT (FEES) ORDER, 1989.

I, RAY BURKE, Minister for Justice, in exercise of the powers conferred on me by section 65 of the Courts of Justice Act, 1936 (No. 48 of 1936), and with the consent of the Minister for Finance, hereby order as follows:

1. This Order may be cited as the Circuit Court (Fees) Order, 1989.

2. This Order shall come into operation on the 1st day of January, 1990.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

4. The fees set out in the second column of the Schedule to this Order shall be charged in Circuit Court Offices in respect of the items set out in the first column.

5. No fees shall be payable in any proceedings brought under the Guardianship of Infants Act, 1964 (No. 7 of 1964), the Maintenance Orders Act, 1974 (No. 16 of 1974), the Family Law (Maintenance of Spouses and Children) Act, 1976 (No. 11 of 1976 ), the Family Home Protection Act, 1976 (No. 27 of 1976), the Family Law (Protection of Spouses and Children) Act, 1981 (No. 21 of 1981), or the Status of Children Act, 1987 (No. 26 of 1987), or in respect of the recovery of any sums due under the said Acts.

6. (1) This article applies to the following persons--

( a ) the Chief State Solicitor,

( b ) a State Solicitor,

( c ) a person employed in the Civil Service of the State as a Solicitor,

( d ) a member of the Garda Síochána,

( e ) a person authorised by a Minister of the Government to engage in the relevant prosecution or proceedings,

( f ) a person authorised by a local authority to engage in the relevant prosecution or proceedings, and

( g ) a Probation or Welfare Officer employed in the Department of Justice.

(2) No fee shall be payable under this Order by or in respect of--

( a ) any person to whom this Article applies when he is engaged--

(i) in a prosecution at the suit of the Attorney General or in any other proceedings at the suit of or against the Attorney General,

(ii) in a prosecution at the suit of the Director of Public Prosecutions or in any other proceedings at the suit of the Director of Public Prosecutions,

(iii) in a prosecution by a member of the Garda Síochána,

(iv) in proceedings instituted by a Minister of the Government,

(v) in proceedings under the Probation of Offenders Act, 1907 or the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983), or

( b ) any party represented in any proceedings by the Chief State Solicitor or a State Solicitor acting in that capacity, or

( c ) a witness called on behalf of any party referred to in paragraph (b) of this Article or by a person to whom this article applies engaged in a case referred to in paragraph (a) of this Article.

7. The payment of the fee in relation to each item shall be recorded by means of a stamp impressed on the document, or court fee card as appropriate, mentioned in the third column of the Schedule.

8. The Circuit Court (Fees) Order, 1984 ( S.I. No. 20 of 1984 ), the Circuit Court (Fees) Order, 1985 ( S.I. No. 37 of 1985 ), and the Circuit Court (Fees) Order, 1986 ( S.I. No. 376 of 1986 ), are hereby revoked.

SCHEDULE

FEES IN CIRCUIT COURT OFFICES

PART I	--General
PART II	--Civil Proceedings and all originating proceedings instituted under the Rules.
PART III	--Appeals
	--Proceedings under the Licensing Acts and the Registration of Clubs Acts.

PART I

GENERAL

Item	Fee	Document to be stamped
1. On every affidavit filed ... ...	£5.00	The affidavit.
2. On every copy of any document ... ...	£3.00	The copy or court fee card.
3. On every copy document sealed, certified or attested a true copy	£5.00	The copy or court fee card.
4. On every search ... ... ...	£5.00	Court fee card.
5. On every stamping of an unstamped document given in evidence ... ...	£20.00	The requisition to stamp.
6. On every application to the Court ex parte or otherwise not specifically provided for ... ... ... ...	£10.00	The application.
7. On every order not otherwise provided for ... ... ... ...	£10.00	The order or the request for same.
8. On every certificate not otherwise provided for ... ... ... ... ...	£5.00	Court fee card.

Taxation

Note: A County Registrar may in any case require the bill of costs to be stamped before taxation with the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.

Item	Fee	Document to be stamped
9. On a summons to tax ... ... ...	£7.00	The summons.
10. On the taxation of a bill of costs for every full £100 in the amount (including witnesses' and other expenses and Value Added Tax) allowed ... ... ...	£5.00	The original bill or court fee card.
11. On the issue of a certificate of taxation	£10.00	The certificate or court fee card.

PART II

CIVIL PROCEEDINGS AND ALL ORIGINATING PROCEEDINGS INSTITUTED UNDER THE RULES AND APPEALS

Item	Fee	Document to be stamped
1. On the issue of every civil bill (excluding civil bills in respect of Family Law proceedings), summons, petition or originating notice of application to the Court or to the County Registrar not otherwise provided for in this Order and on every notice of appeal other than appeals from the District Court ... ... ...	£25.00	The originating document.
2. On the filing of every Defence or Answer ... ... ... ...	£5.00	The document filed.
3. On the filing of every counterclaim or set-off ... ... ... ...	£5.00	The document filed.
4. On every notice of indemnity or of contribution in a civil case ... ...	£5.00	The document filed.
5. On entry of every notice of motion or ex parte application ... ... ...	£10.00	The original notice or ex parte docket.
6. On every notice of trial ... ...	£15.00	The notice.
7. On every witness summons	£5.00	The requisition for issue or summons.
8. On every decree or order other than a final order made by the Circuit Judge or County Registrar in any proceedings under item 1 ... ... ... ...	£10.00	The decree, or order or the request for same.
9. On every decree, dismiss or final order other than under item 10 ... ...	£30.00	The decree or order or request for same.
10. On every judgment by default entered in the office (including affidavit of debt, certificate of no appearance/defence and request for execution order) ... ...	£40.00	The request for judgement.

PART III

PROCEEDINGS UNDER THE LICENSING ACTS AND THE REGISTRATION OF CLUBS ACTS

Item	Fee	Document to be stamped
1. On every application for a declaration under the Licensing Acts ... ... ...	£60.00	The notice.
2. On every application for a certificate consequent on a declaration under the Licensing Acts ... ... ...	£60.00	The notice.
3. On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts... ... ... ... ...	£120.00	The notice.
4. On every application for a declaration under the Registration of Clubs Acts	£120.00	The notice.

GIVEN under my Official Seal, this 13th day of December, 1989.

RAY BURKE, T.D.,

Minister for Justice.

The Minister for Finance hereby consents to the making of the foregoing Order.

GIVEN under the Official Seal of the Minister for Finance, this

13th day of December, 1989.

ALBERT REYNOLDS, T.D.,

Minister for Finance.

EXPLANATORY NOTE.

This Order revokes the Circuit Court (Fees) Order 1984 ( S.I. No. 20 of 1984 ), the Circuit Court (Fees) Order 1985 ( S.I. No. 37 of 1985 ) and the Circuit Court (Fees) Order 1986 ( S.I. No. 376 of 1986 ).

The Order reduces and consolidates the number of separate fees chargeable in Circuit Court Offices and also provides for overall increases in fees, as and from 1 January 1990.

The Order also provides that the payment of fees in respect of all the items in the First Schedule to the Order may be recorded by either stamps impressed on relevant documents or court fee cards as appropriate.