Statutory Instruments
2009 No. 1499 (L. 16)
Family Proceedings, England And Wales
Supreme Court Of England And Wales
County Courts, England And Wales
The Family Proceedings Fees (Amendment) Order 2009
Made
10th June 2009
Laid before Parliament
18th June 2009
Coming into force in accordance with article 1
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 and the Deputy Head of Civil Justice and the Civil Justice Council.
Citation and commencement
1. —(1) This Order may be cited as the Family Proceedings Fees (Amendment) Order 2009.
(2) Except as provided in paragraph (3), this Order comes into force on 13th July 2009.
(3) Article 5 comes into force on 1st September 2009.
Amendment of the Family Proceedings Fees Order 2008
2. The Family Proceedings Fees Order 2008( 2 ) is amended as follows.
3. In Schedule 1, in fee 1.6, in column 2, for “£30” substitute “£40”.
4. In Schedule 1, in fee 2.1, for “C78” substitute “C79”.
5. In Schedule 1, after fee 2.1(a), insert —
| “ (aa) section 4ZA(1)(c) or (6) ( 3 ) (parental responsibility); | £175 ” |
6. In Schedule 1, in fee 2.2 —
(a) in fee 2.2 (b) omit “at least 14 days before the day on which that hearing is listed”;
(b) in fee 2.2 (c) omit “at least 14 days before the day on which the final hearing is listed”;
(c) at the end of the notes to fee 2.2, insert “The fee in 2.2(b) and (c) is payable 14 days before the hearing or review.”.
7. In Schedule 1, in fee 4.1, in the description, omit “for an order”.
8. In Schedule 1, after 4.1 insert —
| “ Note: Fee 4.1 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. ” |
9. In Schedule 1, in fee 6.1, in column 2, for “£40” substitute “£60”.
10. In Schedule 1, in fee 7.1 —
(a) in fee 7.1(a), at the end of the description, insert “and”;
(b) for the note to fee 7.1, substitute —
|
“ Note: The fee payable under fee 7.1 includes –
|
11. In Schedule 1, in fee 8.4, in column 2, for “£100” substitute “£200”.
12. In Schedule 1, in fee 8.5, in column 2, for “£30” substitute “£50”.
13. In Schedule 1, in fee 8.6, in column 2, for “£60” substitute “£100”.
14. In Schedule 1, in fee 10.1, in column 2, for “£30” substitute “£100”.
15. In Schedule 1, in fee 11.1 —
(a) in the description, omit “(a) where the amount for which the warrant issues does not exceed £125;” and “(b) where the amount for which the warrant issues exceeds £125.”;
(b) In column 2, omit “£35” and “£55” and substitute “£100”.
16. In Schedule 1, omit fees 11.3, 11.4(a), 11.4(b), 11.5, 13.2, 13.3(a), 13.3(b) and 13.4.
17. In Schedule 1, omit the notes to fees 11.4(a), 11.4(b), 13.3(a) and 13.3(b).
18. In Schedule 1, after fee 9.2, insert —
| “ 9A. Enforcement | |
| 9A.1 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment. |
£50 |
| 9A.2(a) On an application for a garnishee order or the appointment of a receiver by way of equitable execution. |
£100 |
| Note: Fee 9A.2(a) is payable in respect of each third party against whom the order is sought. | |
| 9A.2(b) On an application for a charging order. | £100 |
| Note: Fee 9A.2(b) is payable in respect of each charging order applied for. | |
| 9A.3 On an application for a judgment summons. | £100 ” |
19. In Schedule 1, in fee 11.7, in column 2, for “£65” substitute “£100”.
20. In Schedule 1, in fee 13.1, in column 2, for “£30” substitute “£50”.
21. In Schedule 1, in fee 13.5, in column 2, for “£30” substitute “£50”.
22. In paragraph 1(1)(c) of Schedule 2, for “626” substitute “26”.
23. In paragraph 3(1) of Schedule 2, in column 2 —
(a) for “£12,000” substitute “£13,000”;
(b) for “£14,735” substitute “£15,930”;
(c) for “£17,470” substitute “£18,860”;
(d) for “£20,205” substitute “£21,790”; and
(e) for “£22,940” substitute “£24,720”.
24. In paragraph 3(1) of Schedule 2, in column 3 —
(a) for “£16,000” substitute “£18,000”;
(b) for “£18,735” substitute “£20,930”;
(c) for “£21,470” substitute “£23,860”;
(d) for “£24,205” substitute “£26,790”; and
(e) for “£26,940” substitute “£29,720”.
25. In paragraph 3(2) of Schedule 2, for “£2,735” substitute “£2,930”.
26. In paragraph 5(3) of Schedule 2 —
(a) in sub-paragraph (a), for “£296” substitute “£315”;
(b) in sub-paragraph(b), for “£228” substitute “£244”; and
(c) in sub-paragraph (c), for “£150” substitute “£159”.
Signed by the authority of the Lord Chancellor
Bridget Prentice
Parliamentary Under Secretary of State
Ministry of Justice
4th June 2009
We consent,
Tony Cunningham
Frank Roy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2009
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.
S.I. 2008/1054 (L. 6) , amended by S.I. 2008/2856 (L.22) (which was amended by S.I. 2008/3106 (L.27) ).
Section 4ZA(1)(c) and (6) were inserted by paragraph 27 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c. 22) and come into force on 1 st September 2009 (see the Human Fertilisation and Embryology Act 2009 (Commencement No. 1 and Transitional Provisions) Order 2009 ( S.I. 2009/479 ).