🔆 📖 ➕ 👤

Statutory Instruments

2008 No. 1054 (L. 6)

Family Proceedings, England And Wales

Supreme Court Of England And Wales

County Courts, England And Wales

The Family Proceedings 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 commencementI1

1.—(1) This Order may be cited as the Family Proceedings Fees Order 2008 and shall come into force on 1st May 2008.

(2) In this Order—

[F1(a)“Legal Aid Agency” means the body established under section 2(2)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;F1]

[F2(b)“the FPR 2010” means the Family Procedure Rules 2010; andF2]

[F2(c)expressions also used in the FPR 2010 have the same meaning as in the FPR 2010[F3;F3,F2]]

[F4(d)“EU Regulation 606/2013” means Regulation (EU) No. 606/2013 of the European Parliament and of the Council of June 2013 on mutual recognition of protection measures in civil matters; and

(e)“protection measure” and “protected person” have the same meaning as in EU Regulation 606/2013.F4]

Fees payableI2,I3

2. The fees set out in column 2 of Schedule 1 are payable in family proceedings in the High Court and in [F5the family courtF5] in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

3. 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.

[F63A.Fees 1.1, 5.1 and 5.3 in Schedule 1 (fees to be taken) are not payable—

(a)in any proceedings relating to protection measures under EU Regulation 606/2013 if the person who would otherwise be liable to pay the fee is the protected person;

(b)in proceedings for—

(i)a non-molestation order;

(ii)an occupation order; or

(iii)a forced marriage protection order,

under Part 4 or 4A of the Family Law Act 1996; F7...

[F8(bb)in proceedings for a female genital mutilation protection order under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003; F9...F8]

(c)in proceedings issued by the person who commenced proceedings referred to [F10in sub-paragraphs (b) or (bb)F10], where that person [F11makes any application in respect of an order made in those proceedings, except an application to appeal such an orderF11][F12; or

(d)in respect of 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)F12].F6]

[F133B.—(1)In proceedings under the Guardianship (Missing Persons) Act 2017—

(a)fee 5.1 (application in existing proceedings without notice or by consent); and

(b)fee 5.3 (application in existing proceedings on notice);

are not payable by the Public Guardian.

(2)For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.F13]

Remissions and part remissionsI4

4. 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.

RevocationsI5

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

Transitional provision

F156. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

[F16SCHEDULE 1Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

(a)

1973 c. 18. Section 1 has been prospectively repealed by section 66(3) of and Schedule 10 to the Family Law Act 1996.

(d)

1996 c. 27. Part 4A was inserted by the Forced Marriage (Civil Protection) Act 2007 (c.20).

(h)

Section 4A was inserted by section 112 of the Adoption and Children Act 2002 (c.38) and was amended by section 75 of the Civil Partnership Act 2004 (c.33).

(i)

Section 4ZA(1)(c) and (6) were inserted by paragraph 27 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c.22).

(j)

Section 11J was inserted by section 4(1) of the Children and Adoption Act 2006 (c.20).

(k)

Section 11O was inserted by section 5 of the Children and Adoption Act 2006 (c.20).

(l)

Sections 14A, 14C and 14D were inserted by section 115 of the Adoption and Children Act 2002 (c.38).

(m)

Schedule A1 was inserted by Schedule 1 to the Children and Adoption Act 2006 (c.20).

(p)

Section 20 is substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (c.19) from a date to be appointed.

(x)

1971 c. 32.F16]

1 Commencement of proceedings
1.1 On filing an application to start proceedings where no other fee is specified.[F17£270F17]

1.2 On presenting an application for—

(a) a [F18divorce orderF18] made under section 1 of the Matrimonial Causes Act 1973(a);

(b) a [F19nullity of marriage orderF19] made under sections 11 or 12 of the Matrimonial Causes Act 1973;

(b) a dissolution order or nullity order made under section 37 of the Civil Partnership Act 2004(b).

[F20£593F20]

1.3 On presenting an application for—

(a) a matrimonial or civil partnership order, other than an application for a [F21divorce order, a nullity of marriage orderF21], a dissolution order, nullity order or to which rule [F227.4(1)(b)F22] of the Family Procedure Rules 2010(c) applies, or

(b) a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies.

[F17£402F17]
Note: Fee 1.3 is payable only once for each declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies.
F23. . .F23. . .
1.5 On amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies, or making an application to which rule [F247.4(1)(b)F24] of the Family Procedure Rules 2010 applies.£95
1.6 On filing an answer to an application for a matrimonial or civil partnership order.£245
1.7 On applying for an order under Part 3 of the Solicitors Act 1974(e) for the assessment of costs payable to a solicitor by a client; or on the commencement of costs-only proceedings.[F17£55F17]
1.8 On an application under section 54 [F25or section 54AF25] (parental order) of the Human Fertilisation and Embryology Act 2008(f).[F17£255F17]
2 Proceedings under the Children Act 1989[F26or, where specified, the [F27Childcare Act 2006, the Children and Families (Wales) Measure 2010 or the Social Services and Well-being (Wales) Act 2014F27,F26]]
2.1 On an application for an order under the following provisions of the Children Act 1989(g)[F28or, where specified, the Social Services and Well-being (Wales) Act 2014F28] —
(a) section 4(1)(c) or (3), 4A(1)(b) or (3)(h) (parental responsibility);[F17£255F17]
(b) section 4ZA (1)(c) or (6)(i) (parental responsibility);[F17£255F17]
(c) section 5(1) or 6(7) (guardians);[F17£255F17]
(d) section 10(1) or (2) (section 8 orders);[F17£255F17]
(e) section 11J(2)(j) (enforcement orders);[F17£255F17]
(f) section 11O(2)(k) (compensation for financial loss);[F17£255F17]
(g) section 13(1) (change of child’s surname or removal from jurisdiction while child arrangements order in force);[F17£255F17]
(h) section 14A(3) or (6)(a), 14C(3) or 14D(1)(l) (special guardianship orders);[F17£255F17]
(i) section 25 (secure accommodation order);[F17£255F17]
[F29(ia) section 119 of the Social Services and Well-being (Wales) Act 2014 (secure accommodation order); [F17£255F17,F29]]
(j) section 33(7) (change of child’s surname or removal from jurisdiction while care order in force);[F17£255F17]
(k) section 34(2), (3), (4) or (9) (contact with child in care);[F17£255F17]
(l) section 36(1) (education supervision order);[F17£255F17]
(m) section 39 (variation or discharge etc of care and supervision orders);[F17£255F17]
(n) section 43(1) (child assessment order);[F17£255F17]
(o) sections 44, 45 and 46 (emergency protection orders);[F17£255F17]
(p) section 48 (warrant to assist person exercising powers under emergency protection order);[F17£255F17]
(q) section 50 (recovery order);[F17£255F17]
(r) F30...F30. . .
(s) section 102 (warrant to assist person exercising powers to search for children or inspect premises);[F17£255F17]
(t) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1(m) (applications in respect of enforcement orders);[F17£112F17]
(u) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address);[F17£77F17]
(v) paragraph 1(1) or (4), 2(1) or (5), 5(6), 6(5), (7) or (8), 8(2), 10(2), 11 or 14(1) of Schedule 1 (financial provision for children);[F17£255F17]
(w) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad);[F17£255F17]
[F31(wa) section 124(1) of the Social Services and Well-being (Wales) Act 2014 (approval of court for child in care of local authority to live abroad); [F17£255F17,F31]]
(x) paragraph 6 of Schedule 3 (extension of supervision order);[F17£255F17]
(y) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order).[F17£255F17]
(z) paragraph 8(1) of Schedule 8 (appeals concerning foster parenting).[F17£255F17]
2.2 On an application under section 31 of the Children Act 1989 (care and supervision orders).[F17£2,437F17]
Notes to fees 2.1 and 2.2
Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.
Where an application is made, permission is sought or an appeal is commenced under or relating to provisions of the Children Act 1989[F32or, where specified, the Social Services and Well-being (Wales) Act 2014F32] which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.
Where an application is made, permission is sought or an appeal is commenced under or relating to two or more provisions of the Children Act 1989[F32or, where specified, the Social Services and Well-being (Wales) Act 2014F32] which are listed in the same numbered fee, that fee is payable only once.
Where the same application is made, permission is sought or an appeal is commenced in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee.
Note to fee 2.2 only
Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.
2.3 On commencing an appeal in relation to proceedings to which the fees listed as 2.1 (a) to (s), (v) to (y) and 2.2 apply.[F17£237F17]
2.4 On commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989 (appeal against contribution order).[F17£237F17]
[F332.5. On commencing appeal under paragraph 3(11) of Schedule 1 to the Social Services and Well-being (Wales) Act 2014 (appeal against contribution order). [F17£237F17,F33]]
[F342.6 On an application for an order under—
(a) section 72 (cancellation, variation or removal or imposition of condition of registration of child minder or day carer) of the Childcare Act 2006; or[F17£255F17]
(b) section 34 (cancellation of registration of child minder or day carer) of the Children and Families (Wales) Measure 2010.[F17£255F17]
2.7 On commencing an appeal in relation to proceedings to which the fees listed as 2.6(a) and (b) apply.[F17£237F17,F34]]
3 Adoption and wardship applications
3.1 On applying or requesting permission to apply under any provision in Part 1 of the Adoption and Children Act 2002(n), other than an application under section 22 of that Act.[F17£201F17]
3.2 On applying under section 22 of the Adoption and Children Act 2002 (placement order).[F17£539F17]
3.3 On applying for the exercise by the High Court of its inherent jurisdiction with respect to children.[F17£201F17]
[F35Notes to fees 3.1, 3.2 and 3.3
Fee 3.1 is payable where an application requires the permission of the court when permission is sought, but no further fee will be charged if permission is granted and the application is made. F35]
[F35Where an application is made or permission is sought at the same time under or relating to two or more provisions in Part 1 of the Adoption and Children Act 2002, other than an application under section 22 of that Act, fee 3.1 is payable only once.F35]
[F35In relation to fees 3.1 and 3.2, where an application is made or permission is sought at the same time under or relating to provisions of the Adoption and Children Act 2002, only one fee is payable and, if those fees are different, the higher fee 3.2 is payable.F35]
[F35In relation to fees 3.1, 3.2 and 3.3, where the same application is made or permission is sought at the same time in respect of two or more children who are siblings or children of the same family, only one fee is payable in respect of each numbered fee.F35]
4 Proceedings under the Children and Adoption Act 2006
4.1 On an application for a warning notice to be attached to a contact order.[F36£54F36]
Notes: Where an application is made or permission is sought under or relating to provisions of the Children Act 1989[F37or, where specified, the Social Services and Well-being (Wales) Act 2014F37] and the Children and Adoption Act 2006(o) which are listed in two or more different numbered fees, only one fee is payable.
Where the same application is made or permission is sought in respect of two or more children at the same time, and those children are siblings or children of the family, only one fee is payable in respect of each numbered fee.
5 Applications in existing proceedings
5.1 On an application in existing proceedings without notice or by consent, except where separately listed in this Schedule.[F17£58F17]
Notes: Fee 5.1 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.
Fee 5.1 is not payable on an application to make a [F38final orderF38], as the case may be, where the applicant has paid fee 1.2.
Fee 5.1 is payable in proceedings under the Children Act 1989[F39or, where specified, under the Social Services and Well-being (Wales) Act 2014F39] to which the fees listed at 2.1 apply.
5.2 On an application under rule [F407.9F40] of the Family Procedure Rules 2010 for the court to consider the making of a [F41conditional order, judicial separation orderF41] or a separation order (other than in an undefended case where no fee is payable).[F17£59F17]
5.3 On an application in existing proceedings on notice, except where separately listed in this Schedule.[F17£184F17]
Note: Fee 5.3 is payable in proceedings under the Children Act 1989[F42or, where specified, under the Social Services and Well-being (Wales) Act 2014F42] to which the fees listed at 2.1 apply F43....
5.4 On the filing of—

(a) a notice of intention to proceed with an application for a financial order to which rule 9.4(a) of the Family Procedure Rules 2010 applies; or

(b) an application for a financial order to which rule 9.4(b) of the Family Procedure Rules 2010 applies,

other than an application for a consent order.

[F17£303F17]
6 Appeal
6.1 On filing an appeal notice from a district judge, one or more lay justices[F44or a justices' legal adviserF44].[F17£138F17]
6.2 F45. . .F45. . .
7 Searches
7.1 On making a search in the central index of decrees absolute or of final orders kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute or of final order, as the case may be.£65
7.2 On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act 1989 and, if appropriate, providing a copy of the agreement.£45
7.3 On making a search in the index of decrees absolute or of final orders kept at any designated family court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute or of final order, as the case may be.£45
8 Copy documents
8.1 On a request for a copy document (other than where fee 8.2 applies)—
(a) for ten pages or less; and[F46£11F46]
(b) for each subsequent page.50p

Note: The fee payable under fee 9.1 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.

  • where the court provides a subsequent copy of a document which it has previously provided.

8.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.[F47£11F47]
9 Determination of costs
9.1 On filing a request for detailed assessment where the party filing the request is legally aided, is funded by the [F48Legal Aid AgencyF48] or is a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under [F49Part 1 ofF49]the Legal Aid, Sentencing and Punishment of Offenders Act 2012(r) and no other party is ordered to pay the costs of the proceedings.[F50£94F50]
9.2 On filing a request for detailed assessment in any case where fee 9.1 does not apply; or on filing a request for a hearing date for the assessment of costs payable to a solicitor by a client pursuant to an order under Part 3 of the Solicitors Act 1974 where the amount of the costs claimed—
(a) does not exceed £15,000;£335
(b) exceeds £15,000 but does not exceed £50,000;£675
(c) exceeds £50,000 but does not exceed £100,000;£1,005
(d) exceeds £100,000 but does not exceed £150,000;£1,345
(e) exceeds £150,000 but does not exceed £200,000;£1,680
(f) exceeds £200,000 but does not exceed £300,000;£2,520
(g) exceeds £300,000 but does not exceed £500,000;£4,200
(h) exceeds £500,000.£5,600
Where there is a combined standard basis and legal aid, or a combined standard basis and [F51Legal Aid AgencyF51], or a combined standard basis and Lord Chancellor, or a combined standard basis, and one or more of legal aid, [F51Legal Aid AgencyF51] or Lord Chancellor determination of costs, fee 9.2 will be attributed proportionately to the standard basis, legal aid, [F51Legal Aid AgencyF51] or Lord Chancellor (as the case may be) portions of the bill on the basis of the amount allowed.
9.3 On a request for the issue of a default costs certificate.[F52£65F52]
9.4 On commencing an appeal against a decision made in detailed assessment proceedings.[F17£231F17]
9.5 On an application to set aside a default costs certificate.[F17£121F17]
10 Registration of maintenance orders
F53. . .F53. . .
10.2 On an application for a maintenance order to be registered under the Maintenance Orders Act 1950(t) or the Maintenance Orders Act 1958.(u)[F17£55F17]
11 Financial Provision
11.1 Proceedings under the Domestic Proceedings and Magistrates’ Courts Act 1978(v) or Schedule 6 to the Civil Partnership Act 2004(w) on an application for an order for financial provision (other than an application to vary or revoke such an order, or an application for an order for financial provision made for the benefit of, or against, a person residing outside the United Kingdom).[F17£237F17]
12 Enforcement
12.1 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment, or on an application to which rule 33.3(2)(b) of the Family Procedure Rules 2010 applies.[F17£59F17]
12.2 On an application for a third party debt order or the appointment of a receiver by way of equitable execution.[F17£85F17]
Note: Fee 12.2 is payable in respect of each third party against whom the order is sought.
12.3 On an application for a charging order.[F17£42F17]
Note: Fee 12.3 is payable in respect of each charging order applied for.
12.4 On an application for a judgment summons.[F17£80F17]
12.5 On an application for an attachment of earnings order to secure money due under an order made in family proceedings.[F17£37F17]
Fee 12.5 is payable in respect of each defendant against whom an order is sought.
Fee 12.5 is not payable where the attachment of earnings order is made on the hearing of a judgment summons.
13 Enforcement in the family court
13.1 On an application for or in relation to enforcement of a judgment or order by the issue of a warrant of control against goods except a warrant to enforce payment of a fine.[F17£110F17]
13.2 On a request for further attempt at execution of a warrant at a new address where the warrant has been returned to the court not executed (except where the warrant has been returned after it has been suspended by the court).£30
13.3 On the issue of a warrant of possession or a warrant of delivery.[F17£131F17]
Note on fee 13.3: Where the recovery of a sum of money is sought in addition, no further fee is payable.
14 Enforcement in the High Court
14.1 On sealing a writ of control/possession/delivery.[F17£66F17]
Note on fee 14.1: Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable.
14.2 On a request or application to register a judgment or order; or for permission to enforce an arbitration award; or for a certified copy of a judgment or order for use abroad.[F17£66F17]
15 Service
15.1 On a request for service by bailiff of any document except—

(a)an order for a debtor to attend the adjourned hearing of a judgment summons;

(b)a claim to controlled, executed or exempt goods;

(c)an order made under section 23 of the Attachment of Earnings Act 1971(x) (enforcement provisions); F54...

(d)an order for a debtor to attend an adjourned oral examination of means [F55; orF55]

[F55(e)an application for (and accompanying documentation), or an order for, or an application to vary, extend or discharge—

(i)a non-molestation order;

(ii)an occupation order; or

(iii)a forced marriage protection order,

under Part 4 or Part 4A of the Family Law Act 1996F55][F56; or

(f)an application for (and accompanying documentation), or an order for, or an application to vary or discharge a female genital mutilation protection order under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003F56].

[F57£45F57]
16 Sale
16.1 For removing or taking steps to remove goods to a place of deposit.The reasonable expenses incurred.
Fee 16.1 is to include the reasonable expenses of feeding and caring for animals.
16.2 For the appraisement of goods.5p in the £1 or part of a £1 of the appraised value.
16.3 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods).15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances.
16.4 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped.(a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 16.1 and 16.2.
17 Affidavits [F58in the High Court onlyF58]
17.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration.[F17£12F17]
17.2 For each exhibit referred to and required to be marked.£2

Article 4

[F59SCHEDULE 2Remissions 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;

[F60“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)

F61...

(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 [F62, disabled element or severely disabled elementF62] 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, F63..., the Carers and Direct Payments Act (Northern Ireland) 2002, F64... section 12B(1) of the Social Work (Scotland) Act 1968F65... [F66the Social Care (Self-directed Support) (Scotland) Act 2013F66][F67or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014F67];

(d)

F68...

(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)

[F69any payment of bereavement support payment under section 30 of the Pensions Act 2014;F69]

(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.F60]

“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

[F70Disposable 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.F70]

[F71Disposable capital test - deeming provisions for those aged 66 or overF71]

4.Subject to paragraph 14, if a party or their partner is aged [F7266F72] 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 [F74any savings and investmentsF74] 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.

[F75(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.F75]

Disposable capital - non-money resources

6.The value of [F76any savings and investments that doF76] 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.

[F77Disposable 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.F77]

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 [F78savings and investments areF78] 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;

F79(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F80(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

F81(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;

(n)[F82any 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);F82]

(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;

[F83(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.F83]

Gross monthly income test

[F84Remission 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 incomeRate
Up to and including £1,00050%
£1,001 to £2,00070%
£2,001 to £3,00090%

(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.F84]

[F85Gross 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.F85]

[F86Gross 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.F86]

[F87Gross 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.F87]

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 [F88paragraph 11F88].

(3)Where an application for remission of a fee is made on F89... 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.

[F90(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.F90]

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 [F91paragraph 16F91], 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.

(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.F59]

Article 5

SCHEDULE 3RevocationsI6

Column 1

Title

Column 2

Reference

The Family Proceedings Fees Order 2004S.I. 2004/3114
The Family Proceedings Fees (Amendment) Order 2005S.I. 2005/472
The Family Proceedings Fees (Amendment No. 2) Order 2005S.I. 2005/3443
The Family Proceedings Fees (Amendment) Order 2006S.I. 2006/739
The Family Proceedings Fees (Amendment) Order 2007S.I. 2007/682
The Family Proceedings Fees (Amendment) (No. 2) Order 2007S.I. 2007/2175
The Family Proceedings Fees (Amendment) (No. 2) (Amendment) Order 2007S.I. 2007/2800
The Family Proceedings Fees (Amendment) Order 2008S.I. 2008/115
(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.

Status: There are outstanding changes not yet made by the editorial team to The Family Proceedings Fees Order 2008. Any changes that have already been made by the team appear in the content and are referenced with annotations.
The Family Proceedings Fees Order 2008 (2008/1054)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Art. 1(2)(a) substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(2)substituted
F2Art. 1(2)(b)(c) substituted for art. 1(2)(b) (6.4.2011) by The Family Procedure (Modification of Enactments) Order 2011 (S.I. 2011/1045), arts. 1, 35 (with art. 39)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F3Art. 1(2)(c): semicolon substituted for full stop (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 3(a)substituted
F4Art. 1(2)(d)(e) inserted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 3(b)inserted
F5Words in art. 2 substituted (22.4.2014) by The Family Proceedings Fees (Amendment) Order 2014 (S.I. 2014/877), arts. 1, 2(2)substituted
F6Art. 3A inserted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 4inserted
F7Word in art. 3A omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(3)(a)omitted
F8Art. 3A(bb) inserted (17.7.2015) by The Family Proceedings Fees (Amendment No. 2) Order 2015 (S.I. 2015/1419), arts. 1, 2(2)(a)inserted
F9Word in art. 3A omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(3)(b)omitted
F10Words in art. 3A(c) substituted (17.7.2015) by The Family Proceedings Fees (Amendment No. 2) Order 2015 (S.I. 2015/1419), arts. 1, 2(2)(b)substituted
F11Words in art. 3A(c) substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(3)(c)substituted
F12Art. 3A(d) and word inserted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(3)(d)inserted
F13Art. 3B inserted (22.7.2019) by The Court Fees (Miscellaneous Amendments) Order 2019 (S.I. 2019/1063), arts. 1, 5(2)inserted
F14Art. 3C inserted (21.7.2022 immediately after the Domestic Abuse Act 2021 (c. 17), ss. 65, 66 come into force) by The Civil and Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/540), arts. 1(1), 3(2); S.I. 2022/840, reg. 2inserted
F15Art. 6 omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(4)omitted
F16Sch. 1 substituted (22.4.2014) by The Family Proceedings Fees (Amendment) Order 2014 (S.I. 2014/877), art. 1, Sch. (with art. 3)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F17Sums in Sch. 1 substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), art. 1(1), Sch. 5substituted
F18Words in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(2)(a) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F19Words in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(2)(b) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F20Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 7(2)substituted
F21Words in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(3)(a) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F22Word in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(3)(b) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F23Words in Sch. 1 omitted (6.4.2015) by virtue of The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 5(a)omitted
F24Word in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(4) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F25Words in Sch. 1 inserted (3.1.2019) by The Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018 (S.I. 2018/1413), art. 1(1), Sch. 2 para. 3inserted
F26Words in Sch. 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. 104(2)inserted
F27Words in Sch. 1 substituted (1.3.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(3), 3(5)substituted
F28Words in Sch. 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. 104(3)inserted
F29Words in Sch. 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. 104(4)inserted
F30Words in Sch. 1 omitted (1.3.2022) by virtue of The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(3), 3(6)omitted
F31Words in Sch. 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. 104(5)inserted
F32Words in Sch. 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. 104(6)inserted
F33Words in Sch. 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. 104(7)inserted
F34Words in Sch. 1 inserted (1.3.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(3), 3(7)inserted
F35Words in Sch. 1 substituted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 5(b)substituted
F36Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 7(35)substituted
F37Words in Sch. 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. 104(8)inserted
F38Words in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(8) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F39Words in Sch. 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. 104(9)inserted
F40Word in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(9)(a) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F41Words in Sch. 1 substituted (6.4.2022) by The Family Proceedings Fees (Amendment) Order 2022 (S.I. 2022/54), arts. 1(2), 3(9)(b) (with art. 2); S.I. 2022/283, reg. 2this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F42Words in Sch. 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. 104(10)inserted
F43Words in Sch. 1 omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(5)(a)omitted
F44Words 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. 12 (with reg. 4)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F45Words in Sch. 1 omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(5)(b)omitted
F46Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 7(40)substituted
F47Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 7(41)substituted
F48Words in Sch. 1 substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(5)(c)(i)substituted
F49Words in Sch. 1 substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(5)(c)(ii)substituted
F50Sum in Sch. 1 substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 4(3)substituted
F51Words in Sch. 1 substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 7(5)(d)substituted
F52Sum in Sch. 1 substituted (30.9.2021) by The Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985), arts. 1, 7(42)substituted
F53Words in Sch. 1 omitted (6.4.2015) by virtue of The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 5(c)omitted
F54Word in Sch. 1 omitted (6.4.2015) by virtue of The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 5(d)omitted
F55Words in Sch. 1 inserted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 5(e)inserted
F56Words in Sch. 1 inserted (17.7.2015) by The Family Proceedings Fees (Amendment No. 2) Order 2015 (S.I. 2015/1419), arts. 1, 2(3)inserted
F57Sum in Sch. 1 substituted (3.8.2020) by The Court Fees (Miscellaneous Amendments) Order 2020 (S.I. 2020/720), arts. 1, 4(8)substituted
F58Words in Sch. 1 inserted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 5(f)inserted
F59Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 2(a), Sch. (with art. 13)this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.substituted
F60Words in Sch. 2 substituted (6.4.2014) by The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 (S.I. 2014/590), arts. 1, 5(3)substituted
F61Words 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
F62Words 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
F63Words 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. 193(a)omitted
F64Word in Sch. 2 omitted (6.4.2015) by virtue of The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 6(a)omitted
F65Word 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. 193(b)omitted
F66Words in Sch. 2 inserted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 6(b)inserted
F67Words 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. 193(c)inserted
F68Words 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
F69Words 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), 34(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
F70Sch. 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
F71Sch. 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
F72Word 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
F73Sch. 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
F74Words 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
F75Sch. 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
F76Words 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
F77Sch. 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
F78Words 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
F79Sch. 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
F80Sch. 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
F81Sch. 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
F82Sch. 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), 34(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
F83Sch. 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
F84Sch. 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
F85Sch. 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
F86Sch. 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
F87Sch. 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
F88Words 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
F89Words 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
F90Sch. 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
F91Words 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
I1Art. 1 in force at 1.5.2008, see art. 1(1)
I2Art. 2 in force at 1.5.2008, see art. 1(1)
I3Art. 3 in force at 1.5.2008, see art. 1(1)
I4Art. 4 in force at 1.5.2008, see art. 1(1)
I5Art. 5 in force at 1.5.2008, see art. 1(1)
I6Sch. 3 in force at 1.5.2008, see art. 1(1)
Defined TermSection/ArticleIDScope of Application
advanced educationpara 1. of SCHEDULE 2advanced_e_rtywg19
approved trainingpara 1. of SCHEDULE 2approved_t_rtMR180
childpara 1. of SCHEDULE 2child_rtKooq5
child support maintenancepara 1. of SCHEDULE 2child_supp_rt4k9tj
couplepara 1. of SCHEDULE 2couple_rtufBT2
disposable capitalpara 1. of SCHEDULE 2disposable_rtTtMhr
EU Regulation 606/2013art. 1.EU_Regulat_rtoIAed
excess incomepara 11. of SCHEDULE 2excess_inc_rtVx4T8
excluded benefitspara 1. of SCHEDULE 2excluded_b_rtyhwxH
full-time educationpara 1. of SCHEDULE 2full-time__rtdCEDp
gross monthly incomepara 1. of SCHEDULE 2gross_mont_rt3KEQK
gross monthly incomepara 13. of SCHEDULE 2gross_mont_lgzbNm9
Independent Living Fundspara 1. of SCHEDULE 2Independen_rtw97EQ
Legal Aid Agencyart. 1.Legal_Aid__lgtTNYT
legal representationpara 1. of SCHEDULE 2legal_repr_rtrpRD4
maintenance agreementpara 1. of SCHEDULE 2maintenanc_rtAjGn8
net profitspara 13. of SCHEDULE 2net_profit_lgZwJH4
partnerpara 1. of SCHEDULE 2partner_rtAcpR7
partypara 1. of SCHEDULE 2party_rt1xLMh
protected personart. 1.protected__rtBTznA
protection measureart. 1.protection_rtOnLDA
Public Guardianart. 2.Public_Gua_rtul7rs
restraint orderpara 1. of SCHEDULE 2restraint__rtzrJjp
savings and investmentspara 5. of SCHEDULE 2savings_an_lgcOCc7
the FPR 2010art. 1.the_FPR_20_rtwjIUN
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.