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The Family Proceedings Fees (Amendment) Order (Northern Ireland) 1998

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Statutory Rules of Northern Ireland

1998 No. 408

FAMILY PROCEEDINGS

SUPREME COURT

COUNTY COURT

The Family Proceedings Fees (Amendment) Order (Northern Ireland) 1998

Made

18th November 1998

Coming into operation

1st December 1998

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) of the Judicature (Northern Ireland) Act 1978(1), after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:–

Citation and commencement

1.  This Order may be cited as the Family Proceedings Fees (Amendment) Order (Northern Ireland) 1998 and shall come into operation on 1st December 1998.

Fees to be taken in family proceedings

2.  For the Schedule to the Family Proceedings Fees Order (Northern Ireland) 1996(2) there shall be substituted the new Schedule set out in the Schedule to this Order.

Irvine of Lairg, C.

Dated 12th November 1998

We concur,

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 18th November 1998

Article 2

SCHEDULE

Article 4

SCHEDULEFees to be taken in Family Proceedings

Column 1Column 2Column 3
ItemFee £Document to be endorsed
Commencement of Proceedings

1.(a) On sealing an originating summons

155.00The filed copy

(b)On sealing any petition other than a second petition presented with leave granted under rule 2.6(3)–

(i)When the petition is presented to the High Court

150.00The filed copy

(ii)When the petition is presented to a divorce county court

135.00The filed copy
NOTE: Fees to include provision for the number of initial copies required for service
Entering and Setting Down for trial in court

2.  On entering or setting down any cause or matter for trial, hearing or further consideration in court, except where it is otherwise provided for in this Schedule

(a)High Court petition

85.00The setting down docket

(b)County Court petition

75.00The setting down docket
Certificate of Decree Absolute

3.  On filing an application for a certificate of Decree Absolute

20.00The filed copy
Proceedings under the Children (Northern Ireland) Order 1995

4.  On filing an application or requesting leave under the following provisions of the Children (Northern Ireland) Order 1995–

Parental Responsibility, Guardians, Article 8 orders
(a)

Article 7(1)(a) or (4), 10(1) or (2), 159(1);

30.00The filed copy

(b)Article 13(1) or 163(1)

20.00The filed copy
Financial Provision for Children
(c)

paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1

30.00The filed copy

(d)paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1

20.00
Secure Accommodation
(e)

Article 44

No fee
Care, Supervision etc
(f)

Article 50

55.00The filed copy

(g)Article 52(7), 57(8)(b), 58(1), (2), (3) or (4), paragraph 6(3) of Schedule 3 or paragraph 10(3) of Schedule 8

20.00The filed copy
Contact with child in care
(h)

Article 53(2), (3), (4) or (9)

20.00The filed copy
Placement Abroad
(i)

Article 33(1)

20.00The filed copy
Education supervision
(j)

Article 55(1)

55.00The filed copy

(k)paragraph 5(2) or 7(1) of Schedule 4

20.00The filed copy
Child Assessment
(l)

Article 62(1)

55.00The filed copy

(m)Article 62(12)

20.00The filed copy
Emergency Protection
(n)

Article 63, 64 and 67

No fee
Recovery of children
(o)

Article 69

No fee
Miscellaneous
(p)

Article 178

20.00The filed copy

(q)On commencing an appeal under Article 166 or Article 41(11)

(i)to the county court

36.00

(ii)to the High Court

45.00
NOTE: Where an application requires leave of the court the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made.
Application for Ancillary Relief

5.  On filing a notice of application for ancillary relief

45.00The filed copy
Other Application in Proceedings

6.  On any application in matrimonial proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made

(i)to a master

45.00The filed copy

(ii)to a judge

50.00The filed copy
Writ of subpoena & Witness Summonses

7.  On sealing a writ of subpoena or issuing a witness summons per person

6.00The filed copy
Copies of Documents

8.(a) Personal Applications

(i)for a copy of all or part of any document, issued as an office copy for each page

1.00The requisition

(ii)for a certified copy of any document per page

3.00The requisition

(iii)for a sealed and certified copy of any document per page

3.50The requisition

(b)Postal Applications in addition to the fees at 8(a) above for a copy of any of the documents referred to

5.00The requisition
Searches and Inspections

9.(a) On making a search in the index of Parental Responsibility Agreements kept in the Office of Care and Protection in accordance with regulations made under Article 7 of the Children (Northern Ireland) Order 1995 and, if appropriate providing a copy of an agreement

20.00The requisition

(b)On a search (including inspection) other than one for which a fee is prescribed under 9(a) above

5.00The requisition

(c)For an official certificate of the result of a search in any index

5.00The requisition

(d)Postal applications, in addition to the fee at 9(c) above

5.00The requisition
Miscellaneous

10.  For signing, settling or approving an advertisement

5.00The requisition
Appeals

11.(a) On filing a notice of appeal from a master to a judge in chambers

50.00The filed copy

(b)On entering any appeal (including an interlocutory appeal) to the Court of Appeal

155.00The notice of appeal or requisition
Taxation

12.(a) On the taxation of a bill of costs:

  • Where the amount allowed does not exceed £5

1.00The bill
  • Where the amount allowed exceeds £5 but does not exceed £100, for every £1 or fraction thereof–

0.15
  • Where the amount allowed exceeds £100–

The bill

(i)for the first £100

22.00The bill

(ii)for every £1 or fraction thereof over £100

0.15

(b)On withdrawal of a bill of costs which has been lodged for taxation

Such fee (not exceeding the amount which would have been payable under Fee No. 12(a) if the bill had been allowed in full) as shall appear to the taxing master to be fair and reasonable
NOTE: The taxing master may in any case require the bill of costs to be stamped before taxation with the whole or part of the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.
Enforcement

13.  On any application for enforcement of a matrimonial order

35.00The filed copy

Explanatory Note

(This note is not part of the Order.)

This Order amends the Family Proceedings Fees Order (Northern Ireland) 1996 so as to increase a number of the fees to be taken in family proceedings, in the High Court and county courts.

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