The County Court Fees (Amendment) Order 1997

Amendment to the County Court Fees Order 1982

2.—(1) For article 4 of the County Court Fees Order 1982(1) there shall be substituted:—

“4.— (1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,

(a) is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992(2), and

(b) is not in receipt of representation under Part IV of the Legal Aid Act 1988(3) for the purposes of the proceedings.

(2) The Lord Chancellor may reduce or remit a fee in any case where, in circumstances where paragraph (1) does not apply, it appears to the Lord Chancellor that payment by a party who is an individual of any fee specified in Schedule 1 would involve undue financial hardship because of the exceptional circumstances of the particular case.

(3) Paragraph (1) shall not apply to Fee No. 4(viii) (fee payable on a consolidated attachment of earnings order or an administration order).”.

(1)

S.I. 1982/1706; the relevant amending instruments are S.I. 1994/1936, 1995/2627 and 1996/3189.

(2)

1992 c. 4.

(3)

1988 c. 34.