Statutory Instruments

2008 No. 1052 (L. 4)

Magistrates’ Courts, England And Wales

The Magistrates’ Courts Fees Order 2008

Made

7th April 2008

Laid before Parliament

9th April 2008

Coming into force

1st May 2008

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the power conferred by section 92 of the Courts Act 2003(1).

In accordance with section 92(5) and (6) of that Act the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and commencement_I1

1. This Order may be cited as the Magistrates’ Courts Fees Order 2008 and shall come into force on 1st May 2008.

Fees payable_I2_,_I3_,_I4

2. The fees set out in column 2 of Schedule 1 are payable in magistrates’ courts in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

3.—(1) No fee is payable in respect of—

(a) criminal [^F1proceedings (except for documents that were used in, or result from, criminal proceedings that are subsequently required for civil or family proceedings)^F1] ;

(b)^F2 any summons, warrant, notice or order issued, given or made under sections 83(1) or (2), 88, 89 or 136 of the Magistrates’ Courts Act 1980(2), or under any rule made for the purpose of those provisions; ...

(d) an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals)^F3] .

(2) In this article, “binding over proceedings” means any proceedings instituted (whether by way of complaint under section 115 of the Magistrates’ Courts Act 1980 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour.

4. Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions_I5

5. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

Revocations_I6

6. The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.

Transitional provision

^F47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd April 2008

We consent,

Steve McCabe

Claire Ward

Two of the Lords Commissioners of Her Majesty’s Treasury

7th April 2008

[^F5SCHEDULE 1 Fees to be taken

Column 1 Number and description of fee	Column 2 Amount of fee
1 Attendance
1.1 On an application which requires a justice of the peace to perform a function away from the court premises.	[^F6 £30^F6]
Note: Fee 1.1 is payable in addition to other payable fees.
2 Appeals
2.1 On an application to state a case for the opinion of the High Court under section 111(1) of the Magistrates Court Act 1980.	[^F6 £160^F6]
Note: where fee 2.1 is payable, no further fee is payable in respect of the preparation of a draft case by the [^F7 justices' legal adviser^F7] , providing copies, taking recognizance as required by section 114 of that Act and enlargement and renewal of such recognizance.
2.2 On commencing an appeal against a deduction from earnings order under the Child Support Act 1991—	[^F6 £23^F6]
2.3 Proceedings under Schedule 5 to the Licensing Act 2003— on commencing an appeal under paragraph 1, 2(2), 3(2)(a), 4(2), 7(2), 8(2)(b), 8A(2)(b), 10, 11(2), 12(2), 13(2)(b), 14, 16(2), 17(1) and (4) or 18(2)(a) of Schedule 5 to the Licensing Act 2003.	[^F6 £72^F6]
2.4 On commencing an appeal where no other fee is specified.	[^F6 £72^F6]
3 Certificates and Certified Documents
^F8 . . .	^F8 . . .
3.2 Register of judgments, orders and fines kept under section 98 of the Courts Act 2003 on a request for a certificate of satisfaction.	[^F9 £19^F9]
3.3 On a request for a certified copy of a memorandum of conviction.	[^F9 £15^F9]
3.4 On a request for a certificate or certified document where no other fee is specified.	[^F6 £24^F6]
Note: Fee 3.4 includes any copy of a document certified by the court as a genuine copy of the original document.
4 Liability Orders
4.1 Proceedings under the Council Tax (Administration and Enforcement) Regulations 1992 or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 on an application for a liability order.	[^F10 50p^F10]
Note: Fee 4.1 is payable in respect of each defendant against whom the liability order is sought.
4.2 Proceedings under the Child Support Act 1991 on an application for a liability order.	[^F9 £14^F9]
Note: Fee 4.2 is payable in respect of each liability order applied for.
5 Copy Documents
5.1 On a request for a copy document (other than where fee 5.2 applies)—
(a) of ten pages or less; and	[^F6 £14^F6]
(b) for each subsequent page.	50p
Note: The circumstances where the fee under 5.1 is payable includes— where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file; where a party requests that the court fax a copy of a document from the court file; and where the court provides a subsequent copy of a document which it has previously provided.
5.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.	[^F6 £14^F6]
6 Licences
6.1 On a request for a licence, consent or authority where no other fee is specified.	[^F6 £32^F6]
6.2 On an application for the renewal or variation of an existing licence.	[^F6 £32^F6]
6.3 On an application for the revocation of a licence where no other fee is specified.	[^F6 £32^F6]
7 Oaths
7.1 On taking the attestation of a constable or special constable under the Police Act 1996.	[^F6 £13^F6]
Note: Fee 7.1 is payable for every attestation made by every constable or special constable at or away from court premises.
7.2 For every oath, affirmation, solemn declaration or statutory declaration where no other fee is specified. Note: No fee is payable for the swearing in of witnesses or in any case where an enactment directs that no fee will be taken.	[^F6 £32^F6]
8 Other civil proceedings
8.1 On commencing proceedings where no other fee is specified and where leave or permission is not required.	[^F6 £292^F6]
[^F11 8.2 On commencing proceedings where leave or permission is required—
(a) on an application for leave or permission to commence proceedings where no other fee is specified; and	[^F6 £146^F6]
(b) on commencing proceedings where leave or permission has been granted following payment of fee 8.2(a).	[^F6 £146^F6]
8.3 For a hearing at which the proceedings are contested.	[^F6 £661^F6^,^F11]]
Note: Fee 8.3-—
-applies only in hearings to proceedings to which fee 8.1 or 8.2 apply;
-is payable by the party who commenced the proceedings;
-is payable on the day that the hearing commences; and
-is payable only once in the same proceedings.
9 Warrants
9.1 On an application for a warrant of entry.	[^F6 £27^F6]
9.2 On an application for any other warrant where no other fee is specified.	[^F6 £94^F6]
Note: Fee 9.2 includes an application for a warrant made during a hearing. No fee is payable if the court issues a warrant of its own initiative.
10 Commitment
10.1 On an application for a warrant for commitment made in proceedings under the Council Tax (Administration and Enforcement) Regulations 1992 or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989	[^F6 £215^F6]
10.2 On an application for a warrant for commitment made in proceedings under the Child Support Act 1991	[^F6 £47^F6]
Note: Fees 10.1 and 10.2 are not payable in respect of a warrant of arrest, which falls under fee 9.2.
Note to all fees : Where proceedings are brought against the individual members of a partnership, any relevant fee is payable only once.^F5]

[^F12SCHEDULE 2 Remissions and Part Remissions

Interpretation

1.—(1) In this Schedule—

“child” means a person—

(a)

whose main residence is with a party and who is aged—

(i)

under 16 years; or

(ii)

16 to 19 years; and is—

(aa)

not married or in a civil partnership; and

(bb)

enrolled or accepted in full-time education that is not advanced education, or approved training; or

(b)

in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,

and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 2006 ;

“child support maintenance” has the meaning given in section 3(6) of the Child Support Act 1991 ;

“couple” has the meaning given in section 3(5A) of the Tax Credits Act 2002 ;

“disposable capital” has the meaning given in paragraph 5;

[^F13 “excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

^F14 ...

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element [^F15 , disabled element or severely disabled element^F15] of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, ^F16..., the Carers and Direct Payments Act (Northern Ireland) 2002, ^F17... section 12B(1) of the Social Work (Scotland) Act 1968 [^F18 or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014^F18] ;

(d)

^F19 ...

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

[^F20 any payment of bereavement support payment under section 30 of the Pensions Act 2014;^F20]

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.^F13]

“family help (higher)” has the meaning given in paragraph 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ;

“family help (lower)” has the meaning given in paragraph 15(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ;

“gross monthly income” has the meaning given in paragraph 13;

“Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 2013 ;

“legal representation” has the meaning given in paragraph 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013 ;

“maintenance agreement” has the meaning given in subsection 9(1) of the Child Support Act 1991 ;

“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;

“party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;

“restraint order” means—

(a)

an order under section 42(1A) of the Senior Courts Act 1981;

(b)

an order under section 33 of the Employment Tribunals Act 1996;

(c)

a civil restraint order made under rule 3.11 of the Civil Procedure Rules 1998, or a practice direction made under that rule; or

(d)

a civil restraint order under rule 4.8 of the Family Procedure Rules 2010, or the practice direction referred to in that rule.

(2) References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted shall be construed accordingly.

Fee remission

2. If a party satisfies the disposable capital test, the amount of any fee remission is calculated by applying the gross monthly income test.

Disposable capital test

[^F21Disposable capital test

3. Subject to paragraph 4, a party satisfies the disposable capital test if the fee payable by the party and for which an application for remission is made is—

(a)up to and including £1,420 and the party’s disposable capital is less than £4,250;

(b)£1,421 to £5,000 and the party’s disposal capital is less than three times the amount of the fee payable;

(c)£5,001 or more and the party’s disposable capital is less than £16,000.^F21]

[^F22Disposable capital test - deeming provisions for those aged 66 or over^F22]

4. Subject to paragraph 14, if a party or their partner is aged [^F23 66^F23] or over, that party satisfies the disposable capital test if that party’s disposable capital is less than £16,000.

Disposable capital

5.—(1) Subject to paragraph 14, disposable capital is the value of [^F25 any savings and investments^F25] belonging to the party on the date on which the application for remission is made, unless it is treated as income by this Order, or it is disregarded as excluded disposable capital.

[^F26 (2) In sub-paragraph (1), reference to “ savings and investments ” includes, but is not limited to—

(a)bonds;

(b)stocks and shares; and

(c)the value of any land or property.^F26]

Disposable capital - non-money resources

6. The value of a resource of [^F27 any savings and investments that do^F27] not consist of money is calculated as the amount which that resource would realise if sold, less—

(a)10% of the sale value; and

(b)the amount of any borrowing secured against that resource that would be repayable on sale.

[^F28Disposable Capital - resources held outside the United Kingdom

7.—(1) Capital resources in a country outside the United Kingdom count towards disposable capital.

(2) If there is no prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount that resource would realise if sold to a buyer in the United Kingdom.

(3) If there is a prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount which that resource would realise if sold in that country, in accordance with paragraph 6.^F28]

Disposable capital - foreign currency resources

8. Where disposable capital is held in currency other than sterling, the cost of any banking charge or commission that would be payable if that amount were converted into sterling, is deducted from its value.

Disposable capital - jointly owned resources

9. Where any [^F29 savings and investments are^F29] owned jointly or in common, there is a presumption that the resource is owned in equal shares, unless evidence to the contrary is produced.

Excluded disposable capital

10. The following things are excluded disposable capital—

(a)a property which is the main or only dwelling occupied by the party;

^F30(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F31(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any vehicle, the sale of which would leave the party, or their partner, without motor transport;

^F32(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;

(g)the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;

(h)a jobseeker’s back to work bonus;

(i)a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;

(j)any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;

(k)the capital held in any personal or occupational pension scheme;

(l)any cash value payable on surrender of a contract of insurance;

(m)any capital payment made out of the Independent Living Funds;

[^F33 (n)any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment);^F33]

(o)any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;

(p)any student loan or student grant;

(q)any payments under the criminal injuries compensation scheme.

[^F34 (r)any payments under the Armed Forces Compensation Scheme;

(s)any compensation paid as a result of the Grenfell Tower fire;

(t)any payments under the Lambeth Children’s Homes Redress Scheme;

(u)any payments from the London Emergencies Trust;

(v)any payments under the Medomsley Detention Centre Physical Abuse Settlement Scheme;

(w)any payments under the Miscarriage of Justice Compensation Scheme;

(x)any payments from the National Emergencies Trust;

(y)any payments under the Infected Blood Support Scheme;

(z)any payments in relation to internment, forced labour, injury or loss of a child during the Second World War;

(za)any payments under the Jesus Fellowship Redress Scheme;

(zb)any payment under the Vaccine Damage Payment Scheme;

(zc)any compensation paid as a result of variant Creutzfeldt-Jakob Disease;

(zd)any compensation paid under the Victims of Overseas Terrorism Compensation Scheme;

(ze)any payments under the We Love Manchester Emergency Fund; and

(zf)any compensation paid under the Windrush Compensation Scheme (Expenditure) Act 2020.^F34]

Gross monthly income test

[^F35Remission of fees—gross monthly income

11.—(1) Subject to paragraphs 11A and 12, if a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party’s gross monthly income does not exceed the applicable threshold.

(2) The applicable threshold is—

(a)£1,420, for a party that is single and has no children;

(b)£2,130, for a party that is part of a couple and has no children; or

(c)as otherwise calculated in accordance with sub-paragraph (3).

(3) Where this sub-paragraph applies, the applicable threshold is determined by taking the following steps—

Step 1Identify the number of children aged 13 or below and multiply this number by £425.

Step 2Identify the number of children aged 14 or over and multiply this number by £710.

Step 3Add together the amounts calculated at Step 1 and Step 2.

Step 4Add £1,420 to the amount calculated at Step 3.

The result is the applicable threshold for a party that is single and has children.

Step 5If a party is part of a couple, take this additional step.

Add £710 to the amount calculated at Step 4.

The result is the applicable threshold for a party that is part of a couple and has children.

(4) Subject to sub-paragraph (6), if a party’s gross monthly income exceeds the applicable threshold, that party must pay an amount towards the fee payable to which the application for remission relates, which is determined in accordance with sub-paragraph (5).

(5) Where this sub-paragraph applies, the amount payable is determined as follows—

Step 1Deduct the applicable threshold from the party’s gross monthly income.

The amount calculated is the “excess income”.

Step 2Apply the rates specified in the second column of the Table to the parts of the party’s excess income specified in the corresponding row of the first column.

Step 3Add together the amounts calculated at Step 2 (if there are two or more such amounts).

Subject to sub-paragraph (6), the result is the amount payable.

Table

Part of excess income	Rate
Up to and including £1,000	50%
£1,001 to £2,000	70%
£2,001 to £3,000	90%

(6) No party is required to pay an amount that is more than the fee payable for which the application for remission has been made, if no remission had been granted.^F35]

[^F36Gross monthly income— passporting benefits

11A.—(1) If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party is in receipt of any passporting benefits.

(2) The following are passporting benefits—

(a)income-based Jobseeker’s Allowance;

(b)income-related Employment and Support Allowance;

(c)income support;

(d)pension credit (Guarantee Credit); and

(e)universal credit with additional gross annual earnings of less than £6,000.^F36]

[^F37Gross monthly income cap

12. No remission is available if a party’s gross monthly income exceeds the applicable threshold determined in accordance with paragraph 11(2), plus the sum of £3,000.^F37]

[^F38Gross monthly income

13. —(1) Subject to paragraph 14, “ gross monthly income ” means the total sum of—

(a)the lower of—

(i)the gross amount that has been earned by the party in the month immediately preceding that in which the application for remission is made; or

(ii)the average of the gross amount that has been earned by the party in the three months immediately preceding that in which the application for remission is made, and

(b)the gross amount received by the party from any other source in the month immediately preceding that in which the application for remission is made, other than receipt of any of the excluded benefits.

(2) For the purposes of sub-paragraph (1), earnings from a trade, business or gainful occupation other than an occupation at a wage or salary are calculated as the lower of—

(a)the party’s net profits for the month preceding that in which the application for remission is made; or

(b)the average of the party’s net profits for the three months preceding that in which the application for remission is made.

(3) In sub-paragraph (2), “ net profits ” means the profits which have accrued to the party less all sums necessarily expended to earn those profits. ^F38]

General

Resources and income treated as the party’s resources and income

14.—(1) Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.

(2) Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.

Application for remission of a fee

15.—(1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

(2) Where an application for remission of a fee is made, the party must—

(a)indicate the fee to which the application relates;

(b)declare the amount of their disposable capital; and

(c)provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of [^F39 paragraph 11^F39] .

(3) Where an application for remission of a fee is made on ^F40... the date on which a fee is payable, the date for payment of the fee is disapplied.

(4) Where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

[^F41 (5) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

(6) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (5) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.^F41]

Remission in exceptional circumstances

16. A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.

Refunds

17.—(1) Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.

(2) Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under [^F42 paragraph 16^F42] , the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.

(3) No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.

(4) The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.

Legal Aid

18. A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, they are in receipt of the following civil legal services —

(a)Legal representation; or

(b)Family help (higher); or

(c)Family help (lower) in respect of applying for a consent order.

Vexatious litigants

19.—(1) This paragraph applies where—

(a)a restraint order is in force against a party; and

(b)that party makes an application for permission to—

(i)issue proceedings or take a step in proceedings as required by the restraint order;

(ii)apply for amendment or discharge of the order; or

(iii)appeal the order.

(2) The fee prescribed by this Order for the application is payable in full.

(3) If the party is granted permission, they are to be refunded the difference between—

(a)the fee paid; and

(b)the fee that would have been payable if this Schedule had been applied without reference to this paragraph.

Exceptions

20. No remissions or refunds are available in respect of the fee payable for—

(a)copy or duplicate documents;

(b)searches.^F12]

Article 6

SCHEDULE 3 Revocations _I7

Column 1 Title	Column 2 Reference
The Magistrates’ Courts Fees Order 2005	S.I. 2005/3444
The Magistrates’ Courts Fees (Amendment) Order 2006	S.I. 2006/715
The Magistrates’ Courts Fees (Amendment) Order 2007	S.I. 2007/2619
The Magistrates’ Courts Fees (Amendment) Order 2008	S.I. 2008/117

(1)

2003 c. 39. Section 92 is amended by paragraphs 308 and 345 of Schedule 4 to the Constitutional Reform Act 2005 (c.4) from 1 October 2005 and by paragraph 4(1) and (3) of Schedule 11 to that Act from a date to be appointed.

(2)

1980 c.43.

in force	Provision is in force
in force*	In force only for specified purposes (for detail about the purposes see/hover footnote)
not in force	Not in force in England (may be in force in other geographies, see footnotes)
italics	Defined term
_dfn	Defined term (alternative style)
gry bckgrd	the in-force status of the provision is complex, check the footnotes

footnote	commentary	related provisions	insert/omit
F1	Words in art. 3(1)(a) substituted (6.4.2010) by The Magistrates’ Courts Fees (Amendment) Order 2010 (S.I. 2010/731), arts. 1, 3		substituted
F2	Word in art. 3(1)(b) omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 5(2)(a)		omitted
F3	Art. 3(1)(d) and word inserted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 5(2)(b)		inserted
F4	Art. 7 omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 5(3)		omitted
F5	Sch. 1 substituted (22.4.2014) by The Magistrates’ Courts Fees (Amendment) Order 2014 (S.I. 2014/875), art. 1, Sch.		substituted
F6	Sums in Sch. 1 substituted (13.7.2026) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 (S.I. 2026/642), art. 1(2), Sch. 1 (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F7	Words in Sch. 1 substituted (6.4.2020) by The Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (Consequential, Transitional and Saving Provision) Regulations 2020 (S.I. 2020/100), reg. 1(2), Sch. para. 11 (with reg. 4)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F8	Words in Sch. 1 omitted (8.4.2025) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), arts. 1(1), 5(a)		omitted
F9	Sum in Sch. 1 substituted (8.4.2025) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2025 (S.I. 2025/351), art. 1(1), Sch. 3		substituted
F10	Sum in Sch. 1 substituted (8.4.2025) by The Civil Proceedings and Magistrates' Courts Fees (Amendment) Order 2025 (S.I. 2025/466), arts. 1(1), 3(2)(a)		substituted
F11	Words in Sch. 1 substituted (25.7.2016) by The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 (S.I. 2016/807), arts. 1, 2(3)		substituted
F12	Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 2(b), Sch. (with art. 13)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F13	Words in Sch. 2 para. 1(1) substituted (6.4.2014) by The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 (S.I. 2014/590), arts. 1, 6(1)(a)(2)		substituted
F14	Words in Sch. 2 para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F15	Words in Sch. 2 para. 1(1) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(b) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F16	Words in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 191(a)		omitted
F17	Word in Sch. 2 para. 1(1) omitted (6.4.2016) by virtue of The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 191(b)		omitted
F18	Words in Sch. 2 para. 1(1) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) (Secondary Legislation) Regulations 2016 (S.I. 2016/211), reg. 1(2), Sch. 3 para. 191(c)		inserted
F19	Words in Sch. 2 para. 1(1) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(2)(c) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F20	Words in Sch. 2 para. 1(1) substituted (6.4.2017) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 32(a) (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F21	Sch. 2 para. 3 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(3) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F22	Sch. 2 para. 4 heading inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(4)(a) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F23	Word in Sch. 2 para. 4 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(4)(b) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F24	Words in Sch. 2 para. 5 renumbered as Sch. 2 para. 5(1) (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(a) (with art. 6)	this amendment (text renumbered) should be read in conjunction with other related provisions, see the commentary.	renumbered
F25	Words in Sch. 2 para. 5(1) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(b) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F26	Sch. 2 para. 5(2) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(5)(c) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F27	Words in Sch. 2 para. 6 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(6) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F28	Sch. 2 para. 7 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(7) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F29	Words in Sch. 2 para. 9 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(8) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F30	Sch. 2 para. 10(b) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F31	Sch. 2 para. 10(c) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F32	Sch. 2 para. 10(e) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(a) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F33	Sch. 2 para. 10(n) substituted (6.4.2017) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 32(b) (with arts. 2, 3); S.I. 2017/297, art. 3(1)(b)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F34	Sch. 2 paras. 10(r)-(zf) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(9)(b) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F35	Sch. 2 para. 11 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(10) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F36	Sch. 2 para. 11A inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(11) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F37	Sch. 2 para. 12 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(12) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F38	Sch. 2 para. 13 substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(13) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F39	Words in Sch. 2 para. 15(2)(c) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(a) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F40	Words in Sch. 2 para. 15(3) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(b) (with art. 6)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F41	Sch. 2 para. 15(5)(6) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(14)(c) (with art. 6)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F42	Words in Sch. 2 para. 17(2) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 2(1)(15) (with art. 6)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
I1	Art. 1 in force at 1.5.2008, see art. 1
I2	Art. 2 in force at 1.5.2008, see art. 1
I3	Art. 3 in force at 1.5.2008, see art. 1
I4	Art. 4 in force at 1.5.2008, see art. 1
I5	Art. 5 in force at 1.5.2008, see art. 1
I6	Art. 6 in force at 1.5.2008, see art. 1
I7	Sch. 3 in force at 1.5.2008, see art. 1

Defined Term	Section/Article	ID
advanced education	para 1. of SCHEDULE 2	def_14d51caced
approved training	para 1. of SCHEDULE 2	def_2eb499ad06
binding over proceedings	art. 2.	def_3d92f1994a
child	para 1. of SCHEDULE 2	def_1c654688a9
child support maintenance	para 1. of SCHEDULE 2	def_d114a90d28
couple	para 1. of SCHEDULE 2	def_eb33a5c138
disposable capital	para 1. of SCHEDULE 2	def_07738d10eb
excess income	para 11. of SCHEDULE 2	def_3a9f467601
excluded benefits	para 1. of SCHEDULE 2	def_3711c8e3fb
family help (higher)	para 1. of SCHEDULE 2	def_c0ec1061d8
family help (lower)	para 1. of SCHEDULE 2	def_6e6340f8d1
full-time education	para 1. of SCHEDULE 2	def_740dea5097
gross monthly income	para 1. of SCHEDULE 2	def_cc217b402c
gross monthly income	para 13. of SCHEDULE 2	def_7fadf5a43c
Independent Living Funds	para 1. of SCHEDULE 2	def_49444f208e
legal representation	para 1. of SCHEDULE 2	def_ed8a87d727
maintenance agreement	para 1. of SCHEDULE 2	def_28b12ff745
net profits	para 13. of SCHEDULE 2	def_9e604352dd
partner	para 1. of SCHEDULE 2	def_5527c5fe98
party	para 1. of SCHEDULE 2	def_c3d7c32443
restraint order	para 1. of SCHEDULE 2	def_73efc0d7d9
savings and investments	para 5. of SCHEDULE 2	def_a52f886757

2008 No. 1052 (L. 4)

The Magistrates’ Courts Fees Order 2008

Citation and commencementI1

Fees payableI2,I3,I4

Remissions and part remissionsI5

RevocationsI6

Transitional provision

[F5SCHEDULE 1 Fees to be taken

[F12SCHEDULE 2 Remissions and Part Remissions

Interpretation

Fee remission

Disposable capital test

[F21Disposable capital test

[F22Disposable capital test - deeming provisions for those aged 66 or overF22]

Disposable capital

Disposable capital - non-money resources

[F28Disposable Capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income test

[F35Remission of fees—gross monthly income

Table

[F36Gross monthly income— passporting benefits

[F37Gross monthly income cap

[F38Gross monthly income

General

Resources and income treated as the party’s resources and income

Application for remission of a fee

Remission in exceptional circumstances

Refunds

Legal Aid

Vexatious litigants

Exceptions

SCHEDULE 3 Revocations I7

Status of changes to instrument text

Citation and commencement_I1

Fees payable_I2_,_I3_,_I4

Remissions and part remissions_I5

Revocations_I6

[^F5SCHEDULE 1 Fees to be taken

[^F12SCHEDULE 2 Remissions and Part Remissions

[^F21Disposable capital test

[^F22Disposable capital test - deeming provisions for those aged 66 or over^F22]

[^F28Disposable Capital - resources held outside the United Kingdom

[^F35Remission of fees—gross monthly income

[^F36Gross monthly income— passporting benefits

[^F37Gross monthly income cap

[^F38Gross monthly income

SCHEDULE 3 Revocations _I7