The Family Proceedings Fees (Amendment) Order 1999

Statutory Instruments

1999 No. 2549 (L. 19)

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Family Proceedings Fees (Amendment) Order 1999

Made

9th September 1999

Coming into force

5th October 1999

The Lord Chancellor, in exercise of the powers conferred on him by section 41 of the Matrimonial and Family Proceedings Act 1984(1) and section 415 of the Insolvency Act 1986(2), with the concurrence of the Treasury under section 41 of the Matrimonial and Family Proceedings Act 1984, and with the sanction of the Treasury under section 415(1) of the Insolvency Act 1986, hereby makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Family Proceedings Fees (Amendment) Order 1999 and shall come into force on 5th October 1999.

Transitional provision

2.  A person who at any time on or after 5th October 1999 receives family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992(3) in pursuance of a decision made before that date shall be entitled to exemption from court fees to the same extent as if this Order had not come into force.

Amendments to the Supreme Court Fees Order 1999

3.  The following shall be substituted for article 4(2)(b) of the Family Proceedings Fees Order 1999(4):—

“(b) working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week;

(bb) disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week; and.”

Irvine of Lairg, C.

Dated 7th September 1999

We concur,

Gordon Brown

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 9th September 1999

Explanatory Note

(This note is not part of the Order)

This Order amends the Family Proceedings Fees Order 1999 so as to replace references to family credit and disability working allowance with references to working families' tax credit and disabled person’s tax credit, following the changes made by the Tax Credits Act 1999. A recipient of one of these tax credits will be exempt from court fees provided that the amount to be deducted from the weekly maximum allowance does not exceed £70. Those in receipt of family credit or disability working allowance under a decision made before the coming into force of the Order will continue to be exempt from court fees.

(1)

1984 c. 42.

(2)

1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.

(3)

1992 c. 4.

(4)

S.I. 1999/690.