Constitutional Reform Act 2005

Fees

52 Fees

(1) The Lord Chancellor may, with the agreement of the Treasury, by order prescribe fees payable in respect of anything dealt with by the Supreme Court.

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

(a) scales or rates of fees;

(b) exemptions from fees;

(c) reductions in fees;

(d) whole or partial remission of fees.

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

(a) the persons listed in subsection (5);

(b) the bodies listed in subsection (6).

(5) The persons referred to in subsection (4)(a) are—

(a) the President of the Supreme Court;

(b) the Lord Chief Justice of England and Wales;

(c) the Master of the Rolls;

(d) the Lord President of the Court of Session;

(e) the Lord Chief Justice of Northern Ireland;

(f) the Lord Justice Clerk;

(g) the President of the Queen’s Bench Division;

(h) the President of the Family Division;

(i) the Chancellor of the High Court.

(6) The bodies referred to in subsection (4)(b) are—

(a) the General Council of the Bar of England and Wales;

(b) the Law Society of England and Wales;

(c) the Faculty of Advocates of Scotland;

(d) the Law Society of Scotland;

(e) the General Council of the Bar of Northern Ireland;

(f) the Law Society of Northern Ireland.

53 Fees: supplementary

(1) Supreme Court fees are recoverable summarily as a civil debt.

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

(3) In this section “Supreme Court fees” means fees prescribed in an order under section 52.