The Magistrates' Courts Fees (Amendment) Order (Northern Ireland) 2002
S.R. 2002/343 · Made 5 November 2002
MAGISTRATES' COURTS
Made 5th November 2002
Coming into operation in accordance with Article 1
The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) and (4) of the Judicature (Northern Ireland) Act 1978f1, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order: –
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Citation, commencement and interpretation
- 3Interpretation of the principal Order
- 4Manner in which fees are to be taken
- 5Magistrates' Courts Fees
- Signature
- Schedule Schedule
- Explanatory note
1Citation, commencement and interpretation
This Order may be cited as the Magistrates' Courts Fees (Amendment) Order (Northern Ireland) 2002 and, subject to paragraph (2), shall come into operation on 2nd December 2002.
Articles 3 and 4 shall come into operation on 3rd March 2003.
2Citation, commencement and interpretation
In this Order “the principal Order” means the Magistrates' Courts Fees Order (Northern Ireland) 1996f1.
3Interpretation of the principal Order
After Article 2(e) of the principal Order shall be added the following –
“(f)“credit card” means a card which –
(i)may be used on its own to pay for goods or services or to withdraw cash, and
(ii)enables the holder to make purchases and to draw cash up to a prearranged limit;
(g)“debit card” means a card which may be used as a means of payment under arrangements which do not provide for the extension of credit to the cardholder, but provide for amounts paid by means of the card to be debited to a specified account in his name (or in his name jointly with one or more others); and
(h)“payment instrument” means a cheque or payable order.”.
4Manner in which fees are to be taken
For paragraph (1) of Article 5 of the principal Order there shall be substituted the following new paragraph –
“(1)The fees prescribed in Schedule 1 shall be taken –
(a)in cash; or
(b)by credit card payment; or
(c)by debit card payment; or
(d)by payment instrument.”.
5Magistrates' Courts Fees
For Schedule 1 to the principal Order there shall be substituted the new Schedule 1 set out in the Schedule to this Order.
Signature
Irvine of Lairg, C.
Dated 29th October 2002
We concur
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th November 2002
“SCHEDULE 1
COURT FEES
Article 4
A. In proceedings to which Part VI of the Order applies Debt Proceedings Fee 1Process (ordinary, enforcement or committal) …
£9·00 2Set-off, counterclaim, decree (including an order made on application under Part VIII of the Judgements Enforcement (Northern Ireland) Order 1981) or dismiss …
£9·00 Ejectment Proceedings 3Process (including proceedings where a claim for rent or sum due under Article 69 of the Order is joined with a claim for possession) …
£9·00 4Decree or dismiss …
£9·00 Duplicate Orders and Extracts from Register 5Notice for duplicate orders …
£9·00 6Duplicate order …
£9·00 7Certified extract from register …
£9·00 B. In proceedings to which Part VII of the Order applies 8Notice of application or notice of appeal to a magistrates' court …
£17·00 C. Appeals and case stated 9Copy notice of appeal lodged with clerk of petty sessions for each complaint, application, appeal or process (except where appellant in prison), subject to a maximum fee of £40 …
£9·00 10Written application for case stated …
£9·00 11Case stated …
£22·00 D. Notices of application under the Licensing (Northern Ireland) Order 1996 12(a)Application for renewal …
£132·00 (b)Application for protection order under Article 26 …
£33·00 (c)Application for temporary continuance of business in other premises under Article 29 …
£33·00 (d)Application for transfer …
£132·00 (e)Application for transfer and renewal …
£264·00 (f)Application for order for alternative permitted hours under Article 43 …
£132·00 (g)Application for order for additional permitted hours under Article 44 …
£132·00 (h)Application for order under Article 48 (suitability of certain premises for functions) …
£132·00 (i)Additional fee for application out of time under Article 16 for each month or part of a month …
£55·00 (j)Application for the grant of each occasional licence under Article 30 –
(i)for the first day …
£40·00 (ii)for each additional day …
£10·00 (k)Application for the grant of an extension licence …
£33·00 (l)Application for the grant of a children’s certificate …
£77·00 (m)Children’s certificate …
£11·00 13(a)For each inspection of the register of licences as provided for under Article 35 …
£11·00 (b)For each copy of all or any part of any entry taken from the register of licences as provided for under Article 35 – in respect of each licensed premises …
£11·00 14A duplicate licence, being a certified copy of particulars recorded in the register of licences, issued under Article 38(2) …
£66·00 E. Applications under the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985 Bookmakers' Licences and Bookmaking Office Licences 15A notice of application for the grant of a bookmaker’s licence under Article 8(1) …
£125·00 16A notice of application for the grant of a bookmaking office licence under Article 12(1) …
£125·00 17A notice of application for the provisional grant of a bookmaking office licence under Article 14(1) …
£125·00 18A notice of application to have provisional grant of a bookmaking office licence declared final under Article 14(7) …
£ 45·00 19A notice of application for renewal of a bookmaker’s licence under Article 16(1) …
£ 90·00 20A notice of application for renewal out of time of a bookmaker’s licence under Article 20(1) …
£145·00 21A notice of application for renewal of a bookmaking office licence under Article 18(1) …
£90·00 22A notice of application for renewal out of time of a bookmaking office licence under Article 20(1) …
£145·00 23A notice of application for transfer of a bookmaking office licence under Article 23(1) …
£90·00 24A notice of application for concurrent transfer and renewal of a bookmaking office licence under Article 24(1) …
£170·00 25Application for temporary continuance of business in other premises under Article 26 …
£33·00 26A notice of application for revocation of a bookmaker’s licence under Article 27(1) …
£90·00 27A notice of application for revocation of a bookmaking office licence under Article 28(1) …
£90·00 Bingo Club Licences 28A notice of application for the grant of a bingo club licence under Article 63(1) …
£90·00 29A notice of application for the provisional grant of a bingo club licence under Article 65(1) …
£90·00 30A notice of application for the renewal of a bingo club licence under Article 67(1) …
£90·00 31A notice of application for the renewal out of time of a bingo club licence under Article 69(1) …
£145·00 32Bingo club grant declared final …
£45·00 Gaming Machine Certificate and Permits 33A notice of application for the grant of a gaming machine certificate under Article 85(1) …
£90·00 34A notice of application for the renewal of a gaming machine certificate under Article 87(1) …
£90·00 35A notice of application for the renewal of a gaming machine certificate out of time under Article 89(1) …
£145·00 36A notice of application for the grant of a gaming machine permit under Article 85(3) …
£90·00 Registration of Clubs 37A notice of application for the registration of a club under Article 96(1) …
£90·00 38A notice of application for the renewal of registration of a club under Article 98(1) …
£90·00 39A notice of application for the renewal of registration of a club out of time under Article 100(1) …
£145·00 Lottery Certificates 40A notice of application for the grant of a lottery certificate under Article 142(1) …
£110·00 41A notice of application for renewal of a lottery certificate under Article 144(1) …
£90·00 42A notice of application for renewal out of time of a lottery certificate under Article 146(1) …
£145·00 43A notice of application for revocation of a lottery certificate under Article 149(1) …
£90·00 Supplementary 44For each inspection and for each copy of all or any part of any entry taken from the register of licences, certificates and permits kept under Article 174(1) …
£11·00 45For each inspection and for each copy of all or any part of any entry taken from the register of clubs kept under Article 175(1) …
£11·00 46A duplicate of any licence, certificate or permit referred to in Article 179(1) being a certified copy of particulars recorded in the register kept under Article 174(1) or 175(1), as the case may be, and issued under Article 179(2) …
£66·00 F. Applications under the Registration of Clubs (Northern Ireland) Order 1996 47On every application for the renewal of registration of a club under Article 7 …
£132·00 48Additional fee for application out of time under Article 9 for each month or part of month …
£55·00 49Application for continuance of club in other temporary premises under Article 12 …
£33·00 50Application for a children’s certificate …
£ 77·00 51Children’s certificate …
£ 11·00 52For each inspection of the register of clubs as provided for under Article 17 …
£11·00 53A duplicate certificate of registration being a certified copy of particulars recorded in the register of clubs, issued under Article 20(2) …
£66·00 G. Miscellaneous 54A certificate of conviction or order …
£11·00 55A certificate authorising the grant of game dealer’s licence …
£11·00 56A notice of application for a licence under Section 1 of the General Dealers (Ireland) Act 1903 …
£11·00 57A notice of application to a magistrates' court (other than an application under Article 91(3) or (4) of the Order) not otherwise provided for …
£13·00 H. Applications under the Matrimonial and Family Proceedings (Northern Ireland) Order 1989 58An application for a declaration of parentage under Article 31B …
£ 33·00 I. Applications under the Child Support (Northern Ireland) Order 1991 59A summons on an application for a liability order under Article 33(2) …
£13·00 60A summons or warrant under Regulation 29 of the Child Support (Collection and Enforcement) Regulations (Northern Ireland) 1992 …
£13·00 J. Applications under the Children (Northern Ireland) Order 1995 61An application for an order under Parts II or III not otherwise provided for …
£33·00 62An application for an order under Article 50 (care or supervision order), 55 (education supervision order) or 62 (child assessment order) …
£ 55·00 63An application for an order under Article 53 (contact or refusal of contact with a child in care) or 13 (change of child’s surname or removal from the jurisdiction) …
£22·00 64An application for a financial provision order under Schedule 1 …
£33·00 65An application to vary, extend or discharge an order made under any of the provisions of the Order mentioned at items 56 to 59 above …
£22·00 66An application under Article 129 (affecting the registration of a child-minder) or an appeal under Article 131 (appeal in relation to registration of child-minder) …
£55·00 67An appeal under Article 113 (appeal in relation to foster parenting) …
£55·00 68An appeal under Article 145 (appeal in relation to licence to take part in public performance) …
£ 55·00 Note: Where an application under the Children (Northern Ireland) Order 1995 requires the leave of the Court the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made.”
Explanatory note
(This note is not part of the Order.)
This Order amends the Magistrates' Courts Fees Order (Northern Ireland) 1996 so as to –
increase a number of the fees payable in respect of proceedings in Magistrates' Courts;
allow fees to be taken by a range of payment methods, including credit or debit cards.