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The Judgment Enforcement Fees Order (Northern Ireland) 1996

Type Ni-Statutory-Rule
Publication 1996-03-14
State In force
Jurisdiction Northern Ireland
Department Government Printer for Northern Ireland
Source legislation.gov.uk
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articles Not indexed
Reform history JSON API

Made: 14th March 1996

Coming into operation: 1st April 1996

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) and (4) of the Judicature (Northern Ireland) Act 1978[^f00001], after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:—

Citation and commencement

1

This Order may be cited as the Judgment Enforcement Fees Order (Northern Ireland) 1996 and shall come into operation on 1st April 1996.

Interpretation

2

In this Order, unless the context otherwise requires—

Revocation

3

The Judgment Enforcement Fees Order (Northern Ireland) 1992[^f00003], the Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 1994[^f00004] and the Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 1995[^f00005] are hereby revoked.

Fees to be taken in the Enforcement of Judgments Office

4

Manner in which fees are to be taken

5

The fees prescribed by this Order shall be taken in cash.

Question over payment of any fee

6

Where any question arises with regard to the payment of any fee the Office may report the matter to the Lord Chancellor and obtain his directions thereon.

Payment of fee causing hardship

7

Where it appears to the Lord Chancellor that the payment of any fee specified in the Schedule to this Order would, owing to the exceptional circumstances of the particular case, involve hardship, he may reduce or remit the fee in that case.

Application of fees

8

All fees received by virtue of the Schedule to this Order shall, unless otherwise appropriated in aid, be paid into the Consolidated Fund.

SCHEDULE — Fees

Part I

Column 1 Column 2 Column 3
No. of fee Item Amount of Fee
1 On lodging notice of intent to apply for enforcement under rule 6; in respect of each person to be served £15
2 On lodging an application for enforcement under Article 22 of the Order; in respect of each respondent
2 Where the sum due on foot of the judgment
2 does not exceed £300 30p in the £1 Minimum fee £15
2 exceeds £300 but does not exceed £1,000 £97 plus £12 per additional £100 or part thereof of the sum due in excess of £300
2 exceeds £1,000 but does not exceed £3,000 £210 plus £8·50 per additional £100 or part thereof of the sum due in excess of £1,000
2 exceeds £3,000 but does not exceed £10,000 £435 plus £2·30 per additional £100 or part thereof of the sum due in excess of £3,000
2 exceeds £10,000 £645 plus £1·80 per additional £100 or part thereof of the sum due in excess of £10,000
3 On lodging an application under Article 23(1) of the Order, including one copy of the report: for each respondent Where an application is made under Article 22 of the Order subsequent to an application under Article 23(1) of the Order the fee paid under Fee No. 2 shall be reduced by the amount of the fee paid under Fee No. 3 £120
4 On lodging an application for repossession of land £500
5 On lodging an application for restitution of goods £165
6 On lodging an application under rule 104 where the sum due on foot of the judgment—
6 does not exceed £300 £14
6 exceeds £300 £20
7 On an application for a search in the register of judgments, per name This fee includes the provision (where requested) of one uncertified copy of each entry in the register or the provision of a report that there are no entries in the register £5
8 For a copy of any document, or for examining a plain copy and marking it as an office copy £1 per page
9 For a Certificate of Satisfaction £5
10 On an Administration Order made under Article 80 of the Order For every £1 of the money paid into the Office in respect of debts due to creditors, 10p
This fee is payable out of the money paid into the Office
11 For the removal, in accordance with a seizure order under Article 31 of the Order, of goods, or taking steps to remove such goods to a place of deposit. This fee includes the reasonable expenses of feeding and caring for animals The reasonable expenses thereof
11 For any sale by auction of property seized (to cover all the expenses of sale or incurred in connection therewith including valuation, advertisement, auctioneers' fees) The reasonable expenses thereof
11 Where goods are sold otherwise than at auction, for the valuation of the goods The reasonable expenses thereof

Part II — Judgment Enforcement (Recovery of Admitted Debts) Rules (Northern Ireland) 1985

Column 1 Column 2 Column 3
No. of Fee Item Amount of Fee
12 On lodging notice of intention to apply for recovery of debt under rule 8; in respect of each person to be served £15
13 On lodging an application for recovery of debt under Article 95(1) of the Order; in respect of each debtor £15
14 On the Chief Enforcement Officer’s direction for recovery of an admitted debt under rule 16(1): in respect of each debtor
14 Where the admitted debt—
14 does not exceed £300 30p in the £1 less £15 Minimum fee £10
14 exceeds £300 but does not exceed £1,000 £82 plus £12 per additional £100 or part thereof of the debt in excess of £300
14 exceeds £1,000 but does not exceed £3,000 £195 plus £8·50 per additional £100 or part thereof of the debt in excess of £1,000
15 On lodging a certificate of corresponding debt under rule 18: in respect of each debtor £15
16 On the Master’s direction for enforcement of corresponding debt under rule 20(1): in respect of each debtor
16 Where the sum certified as corresponding debt—
16 does not exceed £300 30p in the £1 less £15 Minimum fee £10
16 exceeds £300 but does not exceed £1,000 £82 plus £12 per additional £100 or part thereof of the debt in excess of £300
16 exceeds £1,000 but does not exceed £3,000 £195 plus £8·50 per additional £100 or part thereof of the debt in excess of £1,000

Signed

Mackay of Clashfern, C — Dated 11th March 1996

We concur,

Derek Conway — Simon Burns — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 14th March 1996

Explanatory note

(This note is not part of the Order.)

This Order revokes and replaces the Judgment Enforcement Fees Order (Northern Ireland) 1992 (as amended) to increase the majority of fees to be taken in respect of the enforcement of judgments under the Judgments Enforcement (Northern Ireland) Order 1981.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: S.I. 1981/226 (N.I. 6)

[^f00003]: S.R. 1992 No. 19

[^f00004]: S.R. 1994 No. 278

[^f00005]: S.R. 1995 No. 217

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