Civil Law (Miscellaneous Provisions) Act 2008

9.

Substitution of section 65 of Courts of Justice Act 1936.

9.— The Courts of Justice Act 1936 is amended by substituting the following for section 65:

“Minister for Justice, Equality and Law Reform may prescribe court fees.

65.— (1) The Minister for Justice, Equality and Law Reform may, by order made with the consent of the Minister for Finance—

( a) prescribe the fees to be charged—

(i) in the several offices established by the Courts (Supplemental Provisions) Act 1961, or

(ii) in any other office of, or attached to, any court,

( b) subject to subsection (2), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is of unsound mind, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961,

( c) subject to subsection (2)( a), prescribe the fees to be charged, in every financial year commencing after the making of the order, in respect of the income or funds in court during that year, or both, of every person who is a minor, under the jurisdiction vested in the High Court by section 9 of the Courts (Supplemental Provisions) Act 1961,

( d) prescribe the persons by whom such fees are to be paid, and

( e) prescribe the occasions upon which such fees are to be paid.

(2) An order made under subsection (1)—

( a) may prescribe general or special exemptions from the payment of fees prescribed under that subsection,

( b) may, in relation to income or funds referred to in paragraph ( b) of that subsection, be made by way of variation or extension of or in substitution for all or any of the provisions of sections 109 to 114 of the Lunacy Regulation (Ireland) Act 1871.

(3) Subject to subsection (2), the Courts Service shall collect all fees chargeable under an order made under subsection (1) in accordance with the provisions of the order prescribed under paragraphs ( d) and ( e) of subsection (1).

(4) All fees collected under an order made under subsection (1) shall be paid into or disposed of for the benefit of the Exchequer in such manner as the Minister for Finance may direct.

(5) The Courts Service may—

( a) determine the manner or method of payment of any fees chargeable under an order made under subsection (1), and

( b) determine the form in which the payment of any such fees shall be recorded, including the provision of a receipt in respect of such payment.

(6) An order made under this section before the commencement of section 9 of the Civil Law (Miscellaneous Provisions) Act 2008 and in force immediately before that commencement shall, on and after that commencement, be deemed to be an order made under subsection (1) and, accordingly, be liable to amendment or revocation by another order made under that subsection.”.