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Supreme Court Fees Order (Northern Ireland) 1996

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SECTION 6Fees payable in the Office of Care and Protection

Column 1Column 2Column 3
ItemFee £Document to be endorsed

36.  On an application by way of petition or originating summons for wardship, adoption or a parental order under section 30 of the Human Fertilisation and Embryology Act 1990

65·00The filed copy

37.  On an application under section 27 of the Family Law Act 1986 for the registration of a custody order

20·00The filed copy of the order

38.  On an application for registration of an enduring power of attorney

90·00The filed copy

39.  On an application made pursuant to a direction of the Court under rule 4 of Order 109A

90·00The filed copy

40.  On an application for a search of the register of enduring powers of attorney

5·00The requisition
Commencement fee

41.  —

(1). On a first application for the appointment of a controller or other originating process, except where it appears that the patient’s clear annual income is less than £1,000

100·00The requisition

(2) On commencement pursuant to a request by a personal applicant, in addition to Fee (1) above, for every £100 or fraction of £100 above £1,000 of the income which the patient’s estate might be expected to yield if duly administered by the court

5·00 but not exceeding a total of 90·00
Annual administration fee

42.  On a certificate issued by the Office

in accordance with Table 1The requisition
Transaction fee

43.  —

(1) On any order (or, as the case may be, on any approval given by the court under an order) made by the court in the exercise of powers conferred by—

(i)Article 99(1)—

(b)sale, exchange, etc of property

(c)(acquisition of property)

(d)(settlement or gift of property)

(h)(carrying out of contract) or

(k)(exercise of powers as guardian or trustee)—

of the Mental Health (Northern Ireland) Order 1986 (“the Order”)

(ii)Article 102 of the Order (vesting of stock in curator appointed outside Northern Ireland)

(iii)section 35(9) of the Trustee Act (Northern Ireland) 1958 (appointment of new trustee);

80·00 or, in a “special case” ¼% of the pecuniary consideration as defined in Note 4 if greater than 80·00The requisition

(iv)section 57(3) of the Trustee Act (Northern Ireland) 1958 (variation of trusts for benefit of patient),

provided that no fee under this item shall be taken if the property is worth less than £50 and no such fee shall exceed £500

(2) On the making by the court of any order or authority under Article 99(1)(e) of the Order (execution of will)

170·00The requisition
Control fees

44.  On the appointment of an officer of the court including the Official Solicitor, as controller, except where it appears that the patient’s clear annual income is less than £1,000

250·00The requisition

45.  On passing an account where an officer of the court other than Official Solicitor is appointed

In accordance with Table 2

TABLE 1 (Fee No. 42)

Clear Annual IncomeFee
Income BandExceedingNot Exceeding
(viii)£15,000£850 plus 5% of income exceeding £15,000

TABLE 2 (Fee No. 45)

Clear Annual IncomeFee
Income BandExceedingNot Exceeding
(viii)£15,000£2,100 plus 5% of income exceeding £15,000

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