Statutory Instruments
2024 No. 538 (L. 8)
Senior Courts Of England And Wales
The Civil and Family Proceedings Fees (Amendment) Order 2024
Made
18th April 2024
Laid before Parliament
22nd April 2024
Coming into force in accordance with article 1(2)
The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the powers conferred by section 92(1) and (2) of the Courts Act 2003( 1 ).
The Lord Chancellor has had regard to the principle referred to in section 92(3) of that Act.
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 King’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.
Citation and commencement
1. —(1) This Order may be cited as the Civil and Family Proceedings Fees (Amendment) Order 2024.
(2) This Order comes into force on 13th May 2024 or immediately after the coming into force of section 44 of the Illegal Migration Act 2023( 2 ), whichever is the later.
Amendments to the Civil Proceedings Fees Order 2008
2. —(1)The Civil Proceedings Fees Order 2008( 3 ) is amended as follows.
(2) After article 3C insert—
“ 3D. Fee 1.5 (starting proceedings for any remedy other than recovery of money or land) is not payable where the application is for habeas corpus in respect of a decision mentioned in paragraph 3A(1) of Schedule 10 to the Immigration Act 2016 ( 4 ) .
3E. Fees 13.1(a) (application to the Court of Appeal for permission to appeal or for extension of time for appealing or both), 13.1(b) (filing an appellant’s or respondent’s notice where permission to appeal is not required or has been granted), 13.1(c) (filing an appeal questionnaire), 13.2 (filing a respondent’s notice where the respondent wishes to ask the appeal court to uphold the order of the lower court for different or additional reasons) and 13.3 (filing an application notice) are not payable in proceedings where the decision being appealed is a decision of the Upper Tribunal under section 44(6) of the Illegal Migration Act 2023. ” .
Amendments to the Family Proceedings Fees Order 2008
3. —(1)The Family Proceedings Fees Order 2008( 5 ) is amended as follows.
(1) After article 3C insert—
“ 3D. Fee 1.1 (application to start proceedings where no other fee is specified) is not payable where the application is for habeas corpus in respect of a decision mentioned in paragraph 3A(1) of Schedule 10 to the Immigration Act 2016. ” .
Signed by the authority of the Lord Chancellor
Mike Freer
Parliamentary Under Secretary of State
Ministry of Justice
18th April 2024
We consent
Amanda Milling
Mike Wood
Two of the Lord’s Commissioners of His Majesty’s Treasury
18th April 2024
2003 c. 39 . Section 92 was amended by paragraph 345 of Schedule 4, and paragraph 4 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) , and paragraph 95 of Schedule 10 to the Crime and Courts Act 2013 (c. 22) .
S.I. 2008/1053 as amended by S.I. 2014/874 and 2021/985 . There are other amending S.I.s not relevant to this Order.
2016 c. 19 . Paragraph 3A(1) was added by section 13(4) of the Illegal Migration Act 2023.
S.I. 2008/1054 as amended by S.I. 2014/877 . There are other amending S.I.s not relevant to this Order.