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S.I. No. 292/1999 - Circuit Court (Fees) Order, 1999

Type Statutory Instrument

Publication 1999-09-14

Last updated 2001-06-13

State Repealed superseded text

Text As published

Source Irish Statute Book

articles 8

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

1 amending act · 2001-06-13, S.I. No. 252/2001 - Circuit Court (Fees) Order, 2001

Reform history JSON API

I, JOHN O'DONOGHUE, 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.

This Order may be cited as the Circuit Court (Fees) Order, 1999.

2.

This Order shall come into operation on the 4th day of October, 1999.

3.

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

4.

The fees to be charged in Circuit Court Offices in respect of each item specified in column (2) of the Schedule to this Order at any reference number specified in column (1) shall be the fee specified in column (3) thereof at that reference number.

5.

No fees shall be payable in any family law proceedings, in any matrimonial cause or matter, or in proceedings brought by a Health Board under the Children's Acts, 1908 to 1997.

6.

(1) This article applies to the following persons:

(a) the Chief State Solicitor,

(b) a State 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, Equality and Law Reform.

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

(a) any person to whom this Article applies when 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 a fee in relation to any item specified in column (2) of the Schedule to this Order at any reference number specified in column (1) shall be recorded by means of a stamp impressed on the document specified in column (4) thereof at that reference number.

8.

The Circuit Court (Fees) Order, 1989 ( S.I. No. 342 of 1989 ), is hereby revoked.

SCHEDULE FEES IN CIRCUIT COURT OFFICES


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

PART I GENERAL


Reference Number	Item	Fee	Document to be stamped
(1)	(2)	(3)	(4)
		£
1.	On every affidavit filed	6.00	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	6.00	The copy or court fee card
4.	On every search	6.00	Court fee card
5.	On every stamping of an un- stamped document given in evidence	24.00	The requisition to stamp
6.	On every application to the Court ex parte or otherwise not specifically provided for	12.00	The application
7.	On every order not otherwise provided for	12.00	The order or the request for same
8.	On every certificate not otherwise provided for	6.00	Court fee card
9.	On a summons to tax	9.00	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	6.00	The original bill or court fee card
11.	On the issue of a certificate of taxation	12.00	The certificate or 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 or her at the full amount thereof

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


Reference Number	Item	Fee	Document to be stamped
(1)	(2)	(3)	(4)
		£
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	30.00	The originating document
2.	On the filing of every Answer	6.00	The document filed
3.	On the filing of every counterclaim of set-off	6.00	The document filed
4.	On every notice of indemnity or of contribution in a civil case	6.00	The document filed
5.	On entry of every notice of motion or ex parte application	12.00	The original notice or ex parte docket
6.	On every notice of trial	18.00	The notice
7.	On every witness summons	6.00	The requisition for issue of 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	12.00	The decree, or order or request for same
9.	On every decree, dismiss or final order other than under item 10	36.00	The decree or order or request for same
10.	On every judgement by default entered in the office (including affidavit of debt, certificate of no appearance, defence and request for execution order)	48.00	The request for judgement

PART III PROCEEDINGS UNDER THE LICENSING ACTS AND THE REGISTRATION OF CLUBS ACTS


Reference Number	Item	Fee	Document to be stamped
(1)	(2)	(3)	(4)
		£
1.	On every application for a declaration under the Licensing Acts	72.00	The notice
2.	On every application for a certificate consequent on a declaration under the Licensing Acts	72.00	The notice
3.	On every application for a certificate (other than an application consequent on a declaration) under the Licensing Acts	144.00	The notice
4.	On every application for a declaration under the Registration of Clubs Acts	144.00	The notice

---	---
	GIVEN under my Official Seal, this 13th day of September, 1999.
	JOHN O'DONOGHUE,
	Minister for Justice, Equality and Law Reform.

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


	GIVEN under the Official Seal of the Minister for Finance, this 14th day of September, 1999.
	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 Circuit Court (Fees) Order 1989 ( S.I. No. 342 of 1989 ).

The Order provides for overall increases in fees chargeable in Circuit Court Offices, as and from 4th October, 1999.

The Order also provides for the exemption from fees of family law proceedings.

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