The County Court Fees Order (Northern Ireland) 1996

Citation and commencement

1.  This Order may be cited as the County Court 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 County Courts (Northern Ireland) Order 1980(1);

(b) “the County Court Rules” means the County Court Rules (Northern Ireland) 1981(2);

(c) an Order or Rule referred to by number means an Order or Rule so numbered in the County Court Rules;

(d) expressions used in the County Court Rules have the same meanings as in those Rules;

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

(f) a fee or column referred to by number means the fee or column so numbered in Schedule 1.

Revocation and saving

3.  The County Court Fees Order (Northern Ireland) 1994(3), the County Court Fees (Amendment) Order (Northern Ireland) 1995(4) and the County Court Fees (Amendment No. 2) Order (Northern Ireland) 1995(5) are hereby revoked except in relation to any civil bill served before 1st September 1995.

Fees to be taken in proceedings in county courts

4.—(1) Without prejudice to paragraph (3) the fees set out in column 3 shall be payable in proceedings in county courts in respect of the items set out opposite thereto in column 2.

(2) The fees prescribed by this Order in respect of any proceedings shall be payable by the party at whose instance the proceeding is taken and before it is taken.

(3) The fees prescribed in Schedule 1 shall not be payable in respect of proceedings under the Marriages Act (Northern Ireland) 1954(6) or other proceedings which are exempt by statute.

(4) If any question arises with regard to the payment of a fee, the chief clerk may report the matter to the Lord Chancellor and obtain his directions thereon.

(5) Where it appears to the Lord Chancellor that the payment of any fee specified in Schedule 1 would, owing to the exceptional circumstances of the particular case, involve hardship, he may reduce or remit the fee in that case.

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 court 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).

Fees for service of summonses and processes

6.  There shall be paid to a process server, in addition to any salary payable to him, the fees set out in Schedule 2 and such fees shall be paid by the person on whose behalf service is to be effected at the time that the document to be served is sent or delivered to the process server.

Application of fees

7.  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