The Judgment Enforcement Fees Order (Northern Ireland) 1996

Statutory Rules of Northern Ireland

1996 No. 101

JUDGMENTS (ENFORCEMENT)

The Judgment Enforcement Fees Order (Northern Ireland) 1996

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(1), 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—

(a) “the Order” means the Judgments Enforcement (Northern Ireland) Order 1981(2);

(b) “the Judgment Enforcement Rules” means the Rules for the time being in force under Article 141 of the Order;

(c) “the Office” means the Enforcement of Judgments Office;

(d) a rule or form referred to by number means the rule or form as numbered in the Judgment Enforcement Rules;

(e) a fee or column referred to by number means the fee or column so numbered in the Schedule to this Order.

Revocation

3.  The Judgment Enforcement Fees Order (Northern Ireland) 1992(3), the Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 1994(4) and the Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 1995(5) are hereby revoked.

Fees to be taken in the Enforcement of Judgments Office

4.—(1) The fees set out in column 3 shall be taken in the Office in respect of the matters provided for in column 2.

(2) Subject to any provision to the contrary in the Schedule to this Order the fees prescribed by this Order shall be payable by the party at whose instance the action for which the fee is prescribed is undertaken, and shall be payable before the action is undertaken.

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.

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

Article 4

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
	Where the sum due on foot of the judgment
	(1)	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
	(3)	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
	(4)	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
	(5)	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	£120
	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
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—
	does not exceed £300 exceeds £300	£14 £20
7	On an application for a search in the register of judgments, per name	£5
	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
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	(i) 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
	(ii)	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
	(iii)	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

Recovery of Certain Debts Without Judgment

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
	Where the admitted debt—
	(1) does not exceed £300	30p in the £1 less £15 Minimum fee £10
	(2) exceeds £300 but does not exceed £1,000	£82 plus £12 per additional £100 or part thereof of the debt in excess of £300
	(3)	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
	Where the sum certified as corresponding debt—
	(1) does not exceed £300	30p in the £1 less £15 Minimum fee £10
	(2) exceeds £300 but does not exceed £1,000	£82 plus £12 per additional £100 or part thereof of the debt in excess of £300
	(3) 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

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.

(1)

1978 c. 23

(2)

S.I. 1981/226 (N.I. 6)

(3)

S.R. 1992 No. 19

(4)

S.R. 1994 No. 278

(5)

S.R. 1995 No. 217