Statutory Instruments

2009 No. 1114

Tribunals And Inquiries, England And Wales

The Upper Tribunal (Lands Chamber) Fees Order 2009

Made

27th April 2009

Laid before Parliament

30th April 2009

Coming into force

1st June 2009

The Lord Chancellor makes this Order in exercise of the power conferred on him by section 42(1)(b) of the Tribunals Courts and Enforcement Act 2007(1), after consultation with the Senior President of Tribunals and the Administrative Justice and Tribunals Council in accordance with section 42(5) and with the consent of the Treasury in accordance with section 42(6).

Citation, commencement, extent, application and interpretation_I1

1. This Order may be cited as the Upper Tribunal (Lands Chamber) Fees Order 2009 and comes into force on 1st June 2009.

_I2

^F12. This Order extends to England and Wales and applies to proceedings in the Lands Chamber of the Upper Tribunal ....

_I3

3. “The Rules” means the [^F2 the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010 ^F2] and any reference in this Order to a rule by number alone means that rule in the Rules.

Fees payable

[^F3 4.—(1) Subject to paragraph (2), the fees payable in respect of proceedings before the Lands Chamber of the Upper Tribunal are set out in [^F4 Schedule 1^F4] to this Order.

(2) Where a case has been transferred from the Property Chamber of the First-tier Tribunal to the Lands Chamber of the Upper Tribunal by a direction made under [^F5 rule 25^F5] of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013, the provisions of the First-tier Tribunal (Property Chamber) Fees Order 2013 continue to apply to the case instead of the provisions of this Order.^F3]

^F65. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

_I4

6. The proceedings referred to in [^F7paragraphs 2,^F7] 9, 10 and 12 of the Schedule do not include an appeal against a determination by Her Majesty’s Revenue and Customs [^F8under section 222(4A) of the Inheritance Act 1984^F8] or a reference under sections 47(1) or 47A of the Taxes Management Act 1970(2).

^F9...

^F107. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F11Remissions and part remissions

7A. 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.^F11]

^F128. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

21st April 2009

We consent

Tony Cunningham

Dave Watts

Two of the Lords Commissioners of Her Majesty’s Treasury

27th April 2009

[^F13SCHEDULE 1 Fees to be taken in the Lands Chamber of the Upper Tribunal

Item	Fee
Lodging an application for permission to appeal
1. On lodging an application for permission to appeal under rule 21 (application to the Tribunal for permission to appeal)	[^F14 £257^F14]
Lodging a reference or an appeal
2. On lodging a notice of reference under rule 28 (notice of reference) or a notice of appeal under rule 24 (notice of appeal)	[^F14 £321^F14]
Lodging an absent owner application
3. On lodging an application for a determination under Schedule 2 to the Compulsory Purchase Act 1965 (absent or untraced owners) or section 58 of the Land Clauses Consolidation Act 1845 (compensation to absent parties to be determined by a surveyor appointed by two justices)	[^F14 £640^F14]
Lodging a restrictive covenant application
4. On lodging an application under rule 32 (method of making application) in respect of section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land)	[^F14 £1,025^F14]
Lodging a rights of light application
5. On lodging an application under rule 41 (method of making application) in respect of section 2 of the Rights of Light Act 1959 (registration of notice in lieu of obstruction of access of light)—
(a) for a definitive certificate	[^F14 £795^F14]
(b) for a temporary and definitive certificate	[^F14 £781^F14]
Interlocutory or consent order application
6. On lodging an interlocutory application	[^F14 £128^F14]
7. On lodging an application for a consent order under rule 50 (consent orders)	[^F14 £162^F14]
Hearing a rating appeal
8. On the hearing of an appeal from the decision of a Tribunal with jurisdiction to hear rating appeals, 5 per cent of rateable value as determined in the final order of the Tribunal, subject to—
(a) minimum fee	£275
(b) maximum fee	£16,500
Hearing a reference or other appeal (excluding one where the hearing fee is calculated on the basis of rental value)
9. On the hearing of a reference or an appeal against a determination or on an application for a certificate of value (excluding one where the hearing fee is calculated on the basis of rental value), 2 per cent of the amount awarded or determined by the Tribunal, agreed by the parties following a hearing, or determined in accordance with rule 46 (decision with or without a hearing), subject to—
(a) minimum fee	£275
(b) maximum fee	£16,500
Hearing a reference or other appeal where the hearing fee is calculated on the basis of rental value
10. On the hearing of a reference or an appeal against a determination where the award is in terms of rent or other annual payment, 2 per cent of the annual rent or other payment determined by the Tribunal, agreed by the parties following a hearing, or determined in accordance with rule 46 (decision with or without a hearing), subject to—
(a) minimum fee	£275
(b) maximum fee	£16,500
Determining a restrictive covenant application
11. On the hearing of an application or the making of any order under section 84 of the Law of Property Act 1925 (power to discharge or modify restrictive covenants affecting land)—
(a) a hearing as to entitlement under section 84(3A)	[^F14 £640^F14]
(b) order without a hearing (rule 46)	[^F14 £161^F14]
(c) substantive hearing of an originating application	[^F14 £1,281^F14]
(d) engrossing Minutes of Order	[^F14 £40^F14]
Hearing (no amount awarded)
12. On the hearing or preliminary hearing of a reference or appeal (not being the determination of an application mentioned in entry 11 above) where either the amount determined is nil or the determination is not expressed in terms of an amount	[^F14 £640^F14]
Copies of documents
13. For a photocopy or certified copy of a document, or for examining a plain copy and marking as a certified copy	£1 for each page, subject to a minimum total of £10
14. For supplying published decisions to subscribers	£1 for each page, subject to a minimum total of £10
Determination of amount of costs
15. For a determination by the Tribunal of the amount of costs under rule 10(5)(c), for every £1 or every part of a £1 allowed	£0.05^F13]

[^F15SCHEDULE 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;

[^F16 “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)

^F17 ...

(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 [^F18 , disabled element or severely disabled element^F18] 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, ^F19... the Carers and Direct Payments Act (Northern Ireland) 2002, ^F20... section 12B(1) of the Social Work (Scotland) Act 1968 [^F21 or under regulations made under sections 50 to 53 of the Social Services and Well-being (Wales) Act 2014^F21] ;

(d)

^F22 ...

(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)

[^F23 any payment of bereavement support payment under section 30 of the Pensions Act 2014;^F23]

(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.^F16]

“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

[^F24Disposable 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.^F24]

[^F25Disposable capital test - deeming provisions for those aged 66 or over^F25]

4. Subject to paragraph 14, if a party or their partner is aged [^F26 66^F26] 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 [^F28 any savings and investments^F28] 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.

[^F29 (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.^F29]

Disposable capital - non-money resources

6. The value of [^F30 any savings and investments that do^F30] 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.

[^F31Disposable 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.^F31]

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 [^F32 savings and investments are^F32] 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;

^F33(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F34(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

^F35(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;

[^F36 (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);^F36]

(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;

[^F37 (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.^F37]

Gross monthly income test

[^F38Remission 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.^F38]

[^F39Gross 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.^F39]

[^F40Gross 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.^F40]

[^F41Gross 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. ^F41]

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 [^F42 paragraph 11^F42] .

(3) Where an application for remission of a fee is made on ^F43... 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.

[^F44 (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.^F44]

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 [^F45 paragraph 16^F45] , 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.^F15]

(1)

2007 c.15.

(2)

1970 c.9.

(3)

2007 c. 15.

(4)

S.I. 2008/2684. That Order was amended by the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment) Order 2009 (S.I. 2009/196) and is further amended by the First-tier Tribunal and Upper Tribunal (Chambers) (Amendment No.2) Order 2009 (S.I. 2009/1021).

(5)

S.I. 1996/1021. Those Rules were amended by the Lands Tribunal (Fees) (Amendment) Rules 2002 (S.I. 2002/770).

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. 2 omitted (29.11.2010) by virtue of The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010 (S.I. 2010/2601), arts. 1(1), 3(1)		omitted
F2	Words in art. 3 substituted (29.11.2010) by The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010 (S.I. 2010/2601), arts. 1(1), 3(2)		substituted
F3	Art. 4 substituted (1.7.2013) by The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2013 (S.I. 2013/1199), arts. 1, 4		substituted
F4	Words in art. 4 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 8(2) (with art. 13)	this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary.	substituted
F5	Words in art. 4(2) substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 8(2)		substituted
F6	Art. 5 omitted (1.7.2013) by virtue of The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2013 (S.I. 2013/1199), arts. 1, 5		omitted
F7	Words in art. 6 substituted (29.11.2010) by The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010 (S.I. 2010/2601), arts. 1(1), 3(3)(a)		substituted
F8	Words in art. 6 substituted (29.11.2010) by The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010 (S.I. 2010/2601), arts. 1(1), 3(3)(b)		substituted
F9	Art. 7 heading omitted (7.10.2013) by virtue of The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 8(3) (with art. 13)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F10	Art. 7 omitted (7.10.2013) by virtue of The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 8(3) (with art. 13)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F11	Art. 7A inserted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 8(4) (with art. 13)	this amendment (text inserted) should be read in conjunction with other related provisions, see the commentary.	inserted
F12	Art. 8 omitted (7.10.2013) by virtue of The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 8(5) (with art. 13)	this amendment (text omitted) should be read in conjunction with other related provisions, see the commentary.	omitted
F13	Sch. 1 substituted (18.4.2016) by The Court of Appeal and Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2016 (S.I. 2016/434), art. 1, Sch.		substituted
F14	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. 4 (as amended by S.I. 2026/665, arts. 1(2), 2)		substituted
F15	Sch. 2 inserted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 8(7), Sch. (with art. 13)	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) substituted (6.4.2014) by The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 (S.I. 2014/590), arts. 1, 6(1)(c)(2)		substituted
F17	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
F18	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
F19	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. 194(a)		omitted
F20	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. 194(b)		omitted
F21	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. 194(c)		inserted
F22	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
F23	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), 35(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
F24	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
F25	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
F26	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
F27	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
F28	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
F29	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
F30	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
F31	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
F32	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
F33	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
F34	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
F35	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
F36	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), 35(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
F37	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
F38	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
F39	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
F40	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
F41	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
F42	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
F43	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
F44	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
F45	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 1.6.2009, see art. 1
I2	Art. 2 in force at 1.6.2009, see art. 1
I3	Art. 3 in force at 1.6.2009, see art. 1
I4	Art. 6 in force at 1.6.2009, see art. 1

Defined Term	Section/Article	ID
advanced education	para 1. of SCHEDULE 2	def_b309c2fa29
approved training	para 1. of SCHEDULE 2	def_b70379d500
child	para 1. of SCHEDULE 2	def_f593fa40d6
child support maintenance	para 1. of SCHEDULE 2	def_01a6f5002a
couple	para 1. of SCHEDULE 2	def_09e68274a1
disposable capital	para 1. of SCHEDULE 2	def_3d41608967
excess income	para 11. of SCHEDULE 2	def_9afb67dad9
excluded benefits	para 1. of SCHEDULE 2	def_859721509d
family help (higher)	para 1. of SCHEDULE 2	def_3d5631acba
family help (lower)	para 1. of SCHEDULE 2	def_17bc39f266
full-time education	para 1. of SCHEDULE 2	def_b007685e00
gross monthly income	para 1. of SCHEDULE 2	def_bcf71547ae
gross monthly income	para 13. of SCHEDULE 2	def_9c317ae91a
Independent Living Funds	para 1. of SCHEDULE 2	def_f547d51e57
legal representation	para 1. of SCHEDULE 2	def_c09eeaabaa
maintenance agreement	para 1. of SCHEDULE 2	def_7b90052e54
net profits	para 13. of SCHEDULE 2	def_5bb86c6c6b
partner	para 1. of SCHEDULE 2	def_8dcfd03142
party	para 1. of SCHEDULE 2	def_56a3bbfb27
restraint order	para 1. of SCHEDULE 2	def_35b63eaf97
savings and investments	para 5. of SCHEDULE 2	def_28276cb040
The Rules	art. 3.	def_a09c78d0b6

2009 No. 1114

The Upper Tribunal (Lands Chamber) Fees Order 2009

Citation, commencement, extent, application and interpretationI1

I2

I3

Fees payable

I4

F9...

[F11Remissions and part remissions

[F13SCHEDULE 1 Fees to be taken in the Lands Chamber of the Upper Tribunal

[F15SCHEDULE 2 Remissions and Part Remissions

Interpretation

Fee remission

Disposable capital test

[F24Disposable capital test

[F25Disposable capital test - deeming provisions for those aged 66 or overF25]

Disposable capital

Disposable capital - non-money resources

[F31Disposable Capital - resources held outside the United Kingdom

Disposable capital - foreign currency resources

Disposable capital - jointly owned resources

Excluded disposable capital

Gross monthly income test

[F38Remission of fees - gross monthly income

Table

[F39Gross monthly income— passporting benefits

[F40Gross monthly income cap

[F41Gross 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

Status of changes to instrument text

Citation, commencement, extent, application and interpretation_I1

_I2

_I3

_I4

^F9...

[^F11Remissions and part remissions

[^F13SCHEDULE 1 Fees to be taken in the Lands Chamber of the Upper Tribunal

[^F15SCHEDULE 2 Remissions and Part Remissions

[^F24Disposable capital test

[^F25Disposable capital test - deeming provisions for those aged 66 or over^F25]

[^F31Disposable Capital - resources held outside the United Kingdom

[^F38Remission of fees - gross monthly income

[^F39Gross monthly income— passporting benefits

[^F40Gross monthly income cap

[^F41Gross monthly income