The Lands Tribunal (Fees) (Amendment) Rules 2002

Amendment to the 1996 Fees Rules

2.  After rule 5 of the 1996 Fees Rules there shall be inserted the following rules—

“6.   Where it appears to the Lord Chancellor that the payment of any fee prescribed by these Rules would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.

7.— (1) Subject to paragraph (2), where a fee has been paid on or after 1st May 2002 at a time—

(a) where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under rule 6, the amount by which the fee would have been reduced shall be refunded; or

(b) where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under rule 6, the fee shall be refunded.

(2) No refund shall be made under paragraph (1) unless the party who paid the fee applies for it within 6 months of paying the fee.

(3) The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months, and he may do so notwithstanding that the period has expired.”