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The Magistrates' Courts Fees Order (Northern Ireland) 1996

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Citation and commencement

1.  This Order may be cited as the Magistrates' Courts 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 Magistrates' Courts (Northern Ireland) Order 1981(1);

(b)“the Magistrates' Courts Rules” means the Magistrates' Courts Rules (Northern Ireland) 1984(2);

(c)a Rule referred to by number means the Rule so numbered in the Magistrates' Courts Rules;

(d)expressions used in the Magistrates' Courts Rules have the same meanings as in those Rules;

(e)Schedules 1 and 2 mean Schedules 1 and 2 respectively to this Order.

Revocation

3.  The Magistrates' Courts Fees Order (Northern Ireland) 1994(3) and the Magistrates' Courts Fees (Amendment) Order (Northern Ireland) 1995(4) are hereby revoked.

Magistrates' courts fees

4.—(1) Subject to paragraph (3) the fees set out in Schedule 1 shall be payable in respect of the items set out opposite thereto.

(2) The fee prescribed by this Order in respect of any proceeding shall be payable by the party at whose instance the proceeding is taken and, except in the case of the proceedings referred to in Article 5(4), before the proceeding is taken.

(3) The fees set out in Schedule 1 shall be remitted where such fees, if taken, would be payable by the Director of Public Prosecutions for Northern Ireland, the Royal Ulster Constabulary or the armed forces of the Crown.

(4) For the purpose of any enactment relating to the recovery of costs or fees any fee which would but for paragraph (3) have been paid shall be deemed to have been paid.

Manner in which fees are to be taken

5.—(1) The fees prescribed in Schedule 1 shall be taken in cash.

(2) Payment of the appropriate fee shall be endorsed on the relevant document by mechanical means or, where this means is not available, the person to whom the fee is paid shall endorse the relevant document by writing thereon the amount and date of payment and shall sign the endorsement.

(3) Where fees are payable under this Order in respect of any item and there is no document in reference to that item on which an endorsement can be made, the person requesting the action to which the item relates shall make the request by a requisition or note in writing which shall be endorsed as to payment of the appropriate fee in accordance with paragraph (2).

(4) Paragraphs (2) and (3) shall not apply to the fees payable in connection with the issue of proceedings under Article 32 of the Rates (Northern Ireland) Order 1977(5).

Fees for service of summonses and processes

6.—(1) The fees set out in Schedule 2 shall be payable for the service of summonses and processes.

(2) The fee shall be paid at the time when the summons or process is delivered for service to a summons server or to such person as may be authorised to serve it or is handed to the clerk of petty sessions for the district in which proceedings are brought for delivery to a summons server.

(3) A person serving a summons or process (other than a member of the Royal Ulster Constabulary) shall be entitled to be paid by the complainant the sum specified in Schedule 2.

(4) The fee payable for the service of a summons or process under Schedule 2 shall be deemed to cover the cost of postage under Rule 13(2)(a) or (9)(a) of the Magistrates' Courts Rules and for the advice of delivery of the registered or recorded delivery envelope.

Fees not required

7.  Notwithstanding anything in Article 4 and Schedule 1 a fee shall not be required to be paid in respect of:—

(a)any certificate of conviction or order under Rule 123 of the Magistrates' Courts Rules;

(b)a memorandum under Rule 94(2) of the said Rules;

(c)a copy order under either Rule 5(1) or Rule 9(5) of the Magistrates' Courts (Maintenance and Affiliation) Rules (Northern Ireland) 1966(6); or

(d)a certified copy order under Rule 6 of the Magistrates' Courts (Suspension of Disqualification for Driving) Rules (Northern Ireland) 1968(7).

Fee on warrant of commitment or distress

8.  There shall be added to the total of any sum due under a warrant of commitment or distress issued to the Royal Ulster Constabulary (other than a warrant of commitment issued by virtue of Article 93 of the Order at the time of the defendant’s conviction) the sum of £5 towards the cost of issuing and executing the warrant.

Application of fees

9.  All fees received by virtue of Schedule 1 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

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