The Family Proceedings Fees Order 1999 No. 690 (L. 7)

Statutory Instruments

1999 No. 690 (L. 7)

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Family Proceedings Fees Order 1999

Made

8th March 1999

Laid before Parliament

11th March 1999

Coming into force

26th April 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, makes the following Order:

Citation and commencement

1.  This Order may be cited as the Family Proceedings Fees Order 1999 and shall come into force on 26th April 1999.

Interpretation

2.  In this Order, unless the context otherwise requires–

(a) a fee referred to by number means the fee so numbered in Schedule 1 to this Order;

(b) a rule or form referred to by number alone means the rule or form so numbered in the Family Proceedings Rules 1991(3); and

(c) expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules.

Fees to be taken

3.  The fees set out in column 2 of Schedule 1 to this Order shall be taken in family proceedings in the High Court or in a county court in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.

Exemptions, reductions and remissions

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 legal advice and assistance under Part III of the Legal Aid Act 1988(4) in connection with the matter to which the proceedings relate, or

(b) is in receipt of any qualifying benefit and is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings, or

(c) is not a beneficiary of a trust fund in court of a value of more than £50,000 and is–

(i) under the age of eighteen, or

(ii) a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989(5) is in force or is being applied for.

(2) The following are qualifying benefits for the purposes of paragraph (1)(b) above–

(a) income support;

(b) family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992(6); and

(c) income-based jobseeker’s allowance under the Jobseekers Act 1995(7).

5.  Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.

6.  Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.

Revocations

7.  The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.

Irvine of Lairg, C.

Dated 5th March 1999

We concur,

Clive J.C. Betts

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 8th March 1999

Schedule 1 Fees to be taken

Column 1	Column 2
Number and description of fee	Amount of fee
Section 1. Fees to be taken in the High Court and in the county courts
Commencement of proceedings 1.1  On filing originating proceedings where no other fee is specified	£120
1.2  On presenting any petition, other than a second petition with leave granted under rule 2.6(4)	£150
1.3  On applying for either a non-molestation order or an occupation order under Part IV of the Family Law Act 1996(8), or on applying simultaneously for both a non-molestation order and an occupation order	£40
1.4  On amending a petition or presenting a second or subsequent petition with leave granted under rule 2.6(4)	£50
1.5  On filing an answer to a petition or a cross-petition	£100
1.6  On an application for an order under Part III of the Solicitors Act 1974(9) for the assessment of costs payable to a solicitor by his client	£30
Proceedings under the Children Act 1989(10) 2.  On filing an application or requesting leave under the following provisions of the Children Act 1989–
Parental responsibility, guardians, section 8 orders etc. 2.1—(a) section 4(1)(a), or (3), 5(1), 10(1) or (2)	£80
(b) section 6(7), or 13(1)	£80
Financial provision for children 2.2—(a) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1	£80
(b) paragraph 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2), or 11 of Schedule 1	£80
Secure accommodation 2.3—(a) Section 25	£80
Care, supervision, etc. 2.4—(a) section 31	£80
For the purposes of fee 2.4(a) a care order does not include an interim care order, and a supervision order does not include an interim supervision order. (b) section 33(7), 38(8)(b), 39(1), (2), (3) or (4), paragraph 6 of Schedule 3 or paragraph 11(3) of Schedule 14	£80
Contact with child in care 2.5—(a) section 34(2), (3), (4) or (9);	£80
Placement abroad 2.6—(a) paragraph 19(1) of Schedule 2	£80
Education supervision 2.7—(a) section 36(1)	£80
(b) paragraph 15(2) or 17(1) of Schedule 3	£80
Child assessment order 2.8—(a) section 43(1)	£80
Emergency protection 2.9—(a) section 43(12)	£80
(b) section 44, 45(11), 46 or 48	£80
Recovery of children 2.10—(a) section 50	£80
Miscellaneous 2.11—(a) section 102	£80
Appeals 2.12—(a) On commencing an appeal under section 94(12) of, or paragraph 23(11) of Schedule 2 to, the Children Act 1989	£80
2.13    Interim care/supervision orders (a) On an application for an interim care order or an interim supervision order to be made under section 38(1) of the Children Act 1989 where an application for a care order or an application for a supervision order has already been made, and at least one interim care order or at least one interim supervision order has been made in the proceedings	£30
Fee 2 In the notes to fee 2 “numbered fee” means each of the following fees: 2.1(a); 2.1(b); 2.2(a); 2.2(b); 2.3(a); 2.4(a); 2.4(b); 2.5(a); 2.6(a); 2.7(a); 2.7(b); 2.8(a); 2.9(a); 2.9(b); 2.10(a); 2.11(a); 2.12(a) and 2.13(a).
Where an application is made or filed, or (as the case may be) leave is sought or an appeal commenced, under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, each of those fees shall be payable.
Where an application is made or filed, or (as the case may be) leave is sought or an appeal commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee shall be payable only once.
Where the same application is made or filed, or (as the case may be) leave is sought or an appeal commenced, in respect of two or more children at the same time, only one fee shall be payable in respect of each numbered fee.
3.    Adoption and wardship applications On commencing proceedings under the Adoption Act 1976(13) other than under section 21 of that Act	£120
3.2  On commencing proceedings under section 21 of the Adoption Act 1976	£120
3.3  On applying for the exercise by the High Court of its inherent jurisdiction with respect to children	£120
4.    Applications in proceedings On an application for an order without notice or by consent (including an application to make a decree nisi absolute) except where separately listed in this schedule	£30
4.2  On a request for directions for trial (other than in uncontested divorce proceedings, in which no fee is chargeable) except where separately listed in this schedule	£30
4.3  On an application on notice except where separately listed in this schedule	£60
5.    Appeal from a district judge On filing a notice of appeal from a district judge to a judge	£80
6.    Searches On making a search in the central index of decrees absolute kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute	£20
6.2  On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act 1989 and, if appropriate, providing a copy of an agreement	£20
6.3  On making a search in the index of decrees absolute kept at any divorce county court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute	£5
7.    Copy documents On a request for a copy of any document (including a faxed copy where requested) or for examining a plain copy and marking it as an office copy: (a) per page for the first five pages of each document	£1
(b) per page for subsequent pages	25p
7.2  Where copies of any document are made available on a computer disk or in other electronic form, for each such copy	£3
Determination of costs 8.  Transitional Provision Where a bill of costs (or a request for detailed assessment or a request for a detailed assessment hearing as the case may be) is filed pursuant to an order made by the court before the coming into operation of this Order the fees payable shall be those which applied immediately before the coming into force of this Order.
8.1  On the filing of a bill of costs for taxation (or a request for detailed assessment or a request for a detailed assessment hearing as the case may be); or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974(14)	£80
Where there is a combined party and party and legal aid determination of costs, fee 8.1 shall be attributed proportionately to the party and party and legal aid portions of the bill on the basis of the amount allowed.
8.2  On a request for a review of taxation or an appeal against taxation (or an appeal against a decision made in detailed assessment proceedings as the case may be)	£50
8.3  On applying for the court’s approval of a Legal Aid Taxation Certificate or (as the case may be) of a Legal Aid Assessment Certificate	£20
Fee 8.3 is payable at the time of applying for approval and is recoverable only against the Legal Aid Fund.
Registration of maintenance orders 9.  On an application for a maintenance order to be–
9.1  registered under the Maintenance Orders Act 1950(15) or the Maintenance Orders Act 1958(16)	£30
9.2  sent abroad for enforcement under the Maintenance Orders (Reciprocal Enforcement) Act 1972(17)	£30
Insolvency Act 1986(18) 10.  On entering a bankruptcy petition: (a) if presented by a debtor or the personal representative of a deceased debtor	£120
(b) if presented by a creditor or other person	£150
10.2  On entering any other petition	£150
One fee only is payable where more than one petition is presented in relation to a partnership.
10.3—(a) On a request for a certificate for discharge from bankruptcy	£50
(b) and after the first certificate for each copy	£1
Requests and applications with no fee No fee is payable on a request or on an application to the Court by the Official Receiver when applying only in the capacity of Official Receiver to the case (and not as trustee or liquidator), or on an application to set aside a statutory demand.
Section 2. Fees to be taken in the county courts only
11.    Service On a request for service by bailiff, of any document except: (a) an order for a debtor to attend the adjourned hearing of a judgment summons; (b) an interpleader summons under an execution (c) an order made under section 23 of the Attachment of Earnings Act 1971(19) (enforcement provisions); or (d) an order for a debtor to attend an adjourned oral examination of his means	£10
12.    Enforcement in the county courts On an application for or in relation to enforcement of a judgment or order of a county court or through a county court, by the issue of a warrant of execution against goods except a warrant to enforce payment of a fine (a) Where the amount for which the warrant issues does not exceed £125 ... ... ... ... £25 (b) Where the amount for which the warrant issues exceeds £125 ... ... ... ... £45
12.2  On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension)	£20
12.3  On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment	£40
12.4  On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution	£50
Fee 12.4 shall be payable in respect of each party against whom the order is sought.
12.5  On an application for a judgment summons	£80
12.6  On the issue of a warrant of possession or a warrant of delivery	£80
Where the recovery of a sum of money is sought in addition, no further fee is payable.
12.7  On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure money due under an order made in family proceedings	£50
Fee 12.7 is payable for each defendant against whom an order is sought. Fee 12.7 is not payable where the attachment of earnings order is made on the hearing of a judgment summons.
13.    Sale For removing or taking steps to remove goods to a place of deposit	The reasonable expenses incurred
Fee 13.1 is to include the reasonable expenses of feeding and caring for animals.
13.2  For advertising a sale by public auction pursuant to section 97 of the County Courts Act 1984(20)	The reasonable expenses incurred
13.3  For the appraisement of goods	5p in the £1 or part of a £1 of the appraised value
13.4  For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods)	15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances
13.5  Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped	(a) 10p in the £1 or part of a £1 on the value of the goods seized, the value to be the appraised value where the goods have been appraised or such other sum as the district judge may consider to be justified in the circumstances; and in addition (b) any sum payable under fee 13.1, 13.2 or 13.3.
Section 3. Fees to be taken in the High Court only
14.    Enforcement in the High Court On sealing a writ of execution/possession/delivery	£20
Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable.
14.2  On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment	£40
14.3  On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution	£50
Fee 14.3 shall be payable in respect of each party against whom the order is sought.
14.4  On an application for a judgment summons	£80
14.5  On a request or application to register a judgment or order; or for leave to enforce an arbitration award; or for a certified copy of a judgment or order for use abroad	£30
15.    Affidavits On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration; and	£5
15.2  for each exhibit referred to and required to be marked	£2

Schedule 2 ORDERS REVOKED

Title	Reference
The Family Proceedings Fees Order 1991	S.I. 1991/2114
The Family Proceedings Fees (Amendment) Order 1995	S.I. 1995/2628
The Family Proceedings Fees (Amendment) Order 1996	S.I. 1996/3190
The Family Proceedings Fees (Amendment) Order 1997	S.I 1997/788
The Family Proceedings Fees (Amendment) (No. 2) Order 1997	S.I. 1997/1080
The Family Proceedings Fees (Amendment) (No. 3) Order 1997	S.I. 1997/1899
The Family Proceedings Fees (Amendment) (No. 4) Order 1997	S.I. 1997/2671

Explanatory Note

(This note is not part of the Order)

This Order revokes the Family Proceedings Fees Order 1991 and replaces it by specifying new fees for family proceedings in the High Court and the county courts. In most cases the fees have been increased.

The table of comparison below shows the comparison between the old fees and the new fees. The table also shows where new fees have been introduced.

Table of Comparison

Number and summary of new fee (for full description see Schedule 1)	Amount of new fee (for full details see Schedule 1)	Amount of old fee	Number of old fee
Section 1. Fees to be taken in the High Court and in the county courts
1.    Commencement Filing originating proceedings	£120	£100	1(a)
1.2  Presenting any petition	£150	£150	1(b)
1.3  Applying for non molestation order/occupation order	£40	£30	1(c)
1.4  Amending a petition	£50	£50	1(d)
1.5  Filing an answer to a petition or a cross petition	£100	£100	1(e)
1.6  Application for order under Part III of Solicitors Act 1974	£30	New fee	New fee
2.    Proceedings under the Children Act 1989 On filing an application or requesting leave–
Parental responsibility, guardians, section 8 orders etc. 2.1—(a) section 4(1)(a), or (3), 5(1), 10(1) or (2)	£80	£50	2(1)(a)
(b) section 6(7), or 13(1)	£80	£50	2(1)(b)
Financial provision for children 2.2—(a) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1	£80	£50	2(1)(c)
(b) paragraph 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2), or 11 of Schedule 1	£80	£50	2(1)(d)
Secure accommodation 2.3—(a) Section 25	£80	£50	2(1)(e)
Care, supervision, etc. 2.4—(a) section 31	£80	£50	2(1)(f)
(b) section 33(7), 38(8)(b), 39(1), (2), (3) or (4), paragraph 6 of Schedule 3 or paragraph 11(3) of Schedule 14	£80	£50	2(1)(g)
Contact with child in care 2.5—(a) section 34(2), (3), (4) or (9)	£80	£50	2(1)(h)
Placement abroad 2.6—(a) paragraph 19(1) of Schedule 2	£80	£50	2(1)(i)
Education supervision 2.7—(a) section 36(1)	£80	£50	2(1)(j)
(b) paragraph 15(2) or 17(1) of Schedule 3	£80	£50	2(l)(k)
Child Assessment order 2.8—(a) section 43(1)	£80	£50	2(1)(l)
Emergency protection 2.9—(a) section 43(12)	£80	£50	2(1)(m)
(b) section 44, 45, 46 or 48	£80	£50	2(l)(n)
Recovery of Children 2.10—(a) section 50	£80	£50	2(1)(o)
Miscellaneous 2.11—(a) section 102	£80	£50	2(1)(p)
Appeals 2.12—(a) On commencing an appeal under section 94 of, or paragraph 23(11) of Schedule 2 to, the Children Act 1989	£80	£50	2(2)
Interim care/supervision orders 2.13—(a) Applying for interim care/supervision orders	£30	No specific fee	No specific fee
3.    Adoption and wardship applications Commencing proceedings under the Adoption Act 1976	£120	£100	3(a)
3.2  Commencing proceedings under section 21 of Adoption Act 1976	£120	£100	3(b)
3.3  Applying for exercise of High Court jurisdiction to children	£120	£100	3(c)
4.    Applications in proceedings Application for an order, no notice given	£30	£20	5(a)(c)
4.2  Request for directions for trial	£30	£20	5(b)
4.3  Application on notice	£60	£30	5(d)
5.    Appeal from a district judge Appeal from a district judge to a judge	£80	£50	6
6.    Searches Search in the central index of decrees absolute at Principal Registry	£20	£20	7(a)
6.2  On making a search in the central index of parental responsibility	£20	£20	7(b)
6.3  Search in the index of decrees absolute of a divorce county court	£5	£5	7(c)
7.    Copies of documents Copy document per page for the first five pages	£1	£1	8(a)
7.1—(b) Copy per page for subsequent pages	25p	25p	8(b)
7.2  Copy document in electronic form	£3	New fee	New fee
8.    Determination of costs Old fees apply where documents filed pursuant to a court order made before this Order came into force.
8.1  Filing bill of costs/request for detailed assessment/detailed assessment hearing/request for hearing date for assessment under Part III Solicitors Act 1974	£80	scale fees (estimated average £286)	9(a)(b)
8.2  Request for review of taxation or an appeal against taxation/detailed assessment	£50	New fee	New fee
8.3  Application for court’s approval of a Legal Aid Taxation/Assessment Certificate	£20	New fee	New fee
9.    Registration of maintenance orders Application to register maintenance order for enforcement	£30	£25	10(a)
9.2  Application to send maintenance order abroad for enforcement	£30	£25	10(b)
10.    Insolvency Act 1986 On entering a bankruptcy petition (a) by debtor or personal representative of deceased debtor	£120	New fee	New fee
(b) by a creditor or other person	£150	New fee	New fee
10.2  Any other petition	£150	New fee	New fee
10.3—(a) Request for a certificate for discharge	£50	New fee	New fee
10.3—(b) and after the first certificate, for each copy	£1	New fee	New fee
Section 2. Fees to be taken in the county courts only
11.    Service On a request for service by bailiff	£10	£10	11
12.    Enforcement in the county courts County court execution up to £125	£25	£30	12(a)
12.1—(b) County Court execution over £125	£45	£30	12(a)
12.2  Further attempt at execution of warrant	£20	New fee	New fee
12.3  Oral examination	£40	£30	12(b)
12.4  Garnishee order or charging order	£50	£50	12(c)(d)
12.5  Judgment summons	£80	£50	12(e)
12.6  Warrant of possession or delivery	£80	New fee	New fee
12.7  Attachment of earnings application	£50	New fee	New fee
13.    Sale Taking steps to remove goods	reasonable expenses	reasonable expenses	13(a)
13.2  For advertising a sale by public auction	reasonable expenses	reasonable expenses	13(b)
13.3  For the appraisement of goods	5p in the £	5p in the £	13(c)
13.4  For the sale of goods	15p in the £	15p in the £	13(d)
13.5  Stop sale fee	10p in the £ and fees 13.1, 13.2 or 13.3	Where goods appraised, 10p for every £1 Where goods not appraised, the reasonable expenses incurred	13(e)
Section 3. Fees to be taken in the High Court only
14.    Enforcement in the High Court Sealing a writ of execution/possession/delivery	£20	£20	16(a)
14.2  Oral examination	£40	£35	16(b)
14.3  Garnishee order/charging order	£50	£60	16(d)
14.4  Judgment summons	£80	£25	16(c)
14.5  Application to register/enforce a judgment or order	£30	£30	16(e)
15.    Affidavits	15.1  Taking an affidavit/affirmation or attestation	£5	£5	19(a)
15.2  For each exhibit referred to in an affidavit	£2	£2	19(b)

(1)

1984 c. 42.

(2)

1986 c. 45.

(3)

S.I. 1991/1247 amended by S.I. 1991/2113; S.I. 1992/456 and 2067; S.I. 1993/295; S.I. 1994/808, 2165, 2890; and 3155; S.I. 1996/816 and 1674; S.I. 1997/637, 1056 and 1893.

(4)

1988 c. 34.

(5)

1989 c. 41. Paragraph 2(6)(b) of Schedule 1 to the Children Act 1989 was repealed by section 58(14) of the Child Support Act 1991 (c. 48).

(6)

1992 c. 4.

(7)

1995 c. 18.

(8)

1996 c. 27.

(9)

1974 c. 47.

(10)

1989 c. 41.

(11)

Amended by Schedule 16, paragraph 19 of the Courts and Legal Services Act 1990 (c. 41).

(12)

Amended by Schedule 16, paragraph 23 of the Courts and Legal Services Act 1990 (c. 41).

(13)

1976 c. 36.

(14)

1974 c. 47.

(15)

1950 c. 37.

(16)

1958 c. 39.

(17)

1972 c. 18.

(18)

1986 c. 45.

(19)

1971 c. 32; amended by Schedule 2, Part III, paragraph 6 of the Contempt of Court Act 1981 (c. 49); sections 38 and 46 of the Criminal Justice Act 1982 (c. 48); section 53(2) of the Administration of Justice Act 1982 (c. 53); Schedule 2, Part IV, paragraph 41 of the County Courts Act 1984 (c. 28); Schedule 17, paragraph 6 of the Courts and Legal Services Act 1990 (c. 41); and Schedule 4, Part I of the Criminal Justice Act 1991 (c. 53).

(20)

1984 c. 28.