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S.I. No. 549/2016 - Fines (Payment and Recovery) Act 2014 (Fees) Order 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 4th November, 2016.

I, FRANCES FITZGERALD, Minister for Justice and Equality, in exercise of the powers conferred on me by section 8 (10) of the Fines (Payment and Recovery) Act 2014 (No. 7 of 2014), with the consent of the Minister for Public Expenditure and Reform, hereby order as follows:

1. This Order may be cited as the Fines (Payment and Recovery) Act 2014 (Fees) Order 2016.

2. In this Order, “Act of 2014” means the Fines (Payment and Recovery) Act 2014 (No. 7 of 2014).

3. The receiver may, in accordance with section 8 of the Act of 2014, deduct from any sum or sums recovered by him or her, or obtained from the proceeds of sale of any property by him or her, in accordance with that section, a fee specified in column (3) of the Schedule, in respect of a function specified in column (2) opposite the mention of that fee in the Schedule.

SCHEDULE

Article 3

Reference number (1)

Function in respect of which fee is payable (2)

Fees (3)

1.

Receiving notice from the Courts Service of the making of a recovery order.

€19

2.

Recovering from the fined person or from the proceeds of sale of property belonging to the fined person the fine or, as may be appropriate, that part of the fine that remains unpaid upon notice of the making of a recovery order being given under section 8(2) of the Act of 2014.

5% of the first €5,500 of the fine, or, as may be appropriate, that part of the fine that remains unpaid, and 2.5% of the balance.

3.

Seizing and selling property belonging to the fined person.

€175

4.

Searching for orders and certificate of search.

€21

The Minister for Public Expenditure and Reform consents to the making of the foregoing Order.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform,

24 October 2016.

PASCHAL DONOHOE,

Minister for Public Expenditure and Reform.

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GIVEN under my Official Seal,

27 October 2016.

FRANCES FITZGERALD,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order prescribes the fees that a receiver may deduct from any sum or sums recovered or obtained from the proceeds of the sale of any property belonging to the fined person as provided for by the Fines (Payment and Recovery) Act 2014 .