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Courts Act 2003

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This is the original version (as it was originally enacted).

92Fees

This section has no associated Explanatory Notes

(1)The Lord Chancellor may with the consent of the Treasury by order prescribe fees payable in respect of anything dealt with by—

(a)the Supreme Court,

(b)county courts, and

(c)magistrates' courts.

(2)An order under this section may, in particular, contain provision as to—

(a)scales or rates of fees;

(b)exemptions from or reductions in fees;

(c)remission of fees in whole or in part.

(3)When including any provision in an order under this section, the Lord Chancellor must have regard to the principle that access to the courts must not be denied.

(4)The Lord Chancellor may not under this section prescribe fees which he or another authority has power to prescribe apart from this section.

(5)Before making an order under this section, the Lord Chancellor must consult—

(a)the Lord Chief Justice;

(b)the Master of the Rolls;

(c)the President of the Family Division;

(d)the Vice Chancellor;

(e)the Head of Civil Justice;

(f)the Deputy Head of Civil Justice (if there is one).

(6)Before making an order under this section in relation to civil proceedings, the Lord Chancellor must consult the Civil Justice Council.

(7)The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees to the attention of persons likely to have to pay them.

(8)Fees payable under this section are recoverable summarily as a civil debt.

(9)Subsection (10) applies in relation to an authority which has power to prescribe fees payable in any of the courts referred to in subsection (1).

(10)Nothing in this section prevents the authority from applying to any extent provisions contained in an order made under this section; and an instrument made in exercise of the power is to be read (unless the contrary intention appears) as applying those provisions as amended from time to time.

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