Draft Order laid before Parliament under section 180(7) of the Anti-social Behaviour, Crime and Policing Act 2014, for approval by resolution of each House of Parliament.
2016 No. X (L.X)
The Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016
Made
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 powers conferred by sections 92(1) and (2) and 108(6) of the Courts Act 2003 (“the 2003 Act”)1, sections 42(1)(b) and (2) and 49(3) of the Tribunals, Courts and Enforcement Act 2007 (“the 2007 Act”)2 and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”)3.
The Lord Chancellor has had regard to the matters referred to in section 92(3) of the 2003 Act and in section 180(3) of the 2014 Act.
The Lord Chancellor has consulted in accordance with section 92(5) and (6) of the 2003 Act and section 42(5) of the 2007 Act.
A draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament in accordance with section 180(7) of the 2014 Act.
Citation and commencement1
This Order may be cited as the Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016 and comes into force on the next Monday after the day on which the Order is made.
Amendments to the Civil Proceedings Fees Order 20082
In the table in Schedule 1 to the Civil Proceedings Fees Order 20084—
a
in column 2 (amount of fee), for the entry corresponding to fee 1.4(b) (starting proceedings for the recovery of land in the County Court) for “£280” substitute “£355”;
b
in column 2, for the entry corresponding to fee 1.4(c) (starting proceedings for the recovery of land using the Possession Claims Online website), for “£250” substitute “£325”;
c
for fees 2.4 and 2.5, for the entries in both columns, substitute—
2.4(a) On an application on notice where no other fee is specified, except for applications referred to in fee 2.4(b).
£255
2.4(b) On an application on notice where no other fee is specified made—
(i) under section 3 of the Protection from Harassment Act 19975; or
(ii) for a payment out of funds deposited in court.
£155
2.5(a) On an application by consent or without notice where no other fee is specified, except for applications referred to in fee 2.5(b).
£100
2.5(b) On an application made by consent or without notice where no other fee is specified made—
(i) under section 3 of the Protection from Harassment Act 1997; or
(ii) for a payment out of funds deposited in court.
£50
d
in column 1 (number and description of fee) for the direction beginning “Fees 2.4 and 2.5 are not payable” substitute “Fees 2.4(a) and 2.5(b) are not payable in proceedings to which fees 3.11 and 3.12 apply.”
Amendment to the Family Proceedings Fees Order 20083
In the table in Schedule 1 to the Family Proceedings Fees Order 20086 in column 2 (amount of fee) for the entry corresponding to fee 1.2 (application for divorce etc) for “£410” substitute “£550”.
Amendments to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 20114
In the table in Schedule 1 to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 20117 in column 2 (amount of fee)—
a
for the entry corresponding to fee 2.1 (application on notice where no other fee is specified) for “£80” substitute “£255”;
b
for the entry corresponding to fee 2.2 (application by consent or without notice where no other fee is specified) for “£45” substitute “£100”;
c
for the entry corresponding to fee 2.3 (application for a summons or order for a witness to attend the Tribunal) for “£40” substitute “£50”;
d
for the entry corresponding to fee 3.1(a) (request for a copy of a document of 10 pages or less) for “£5” substitute “£10”.
e
for the entry corresponding to fee 3.2 (request for a copy of a document in electronic form) for “£5” substitute “£10”.
We consent,
(This note is not part of the Order)