The Magistrates' Courts Fees (Amendment) Order 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Schedule to the Magistrates' Courts Fees Order 2005 (S.I. 2005/3444). A new fee of £20 is inserted as fee 15 which applies on an application to vary, extend or revoke an order made in family proceedings which is not otherwise charged under any other numbered fee.

The following amendments are also made—

(a) Fee 4 is amended to refer to the Register of Judgments, Orders and Fines. This register is required to be kept by the Register of Judgments, Orders and Fines Regulations 2005 (S.I. 2005/3595) and replaces the Register of Fines. The fee remains the same.

(b) Fee 5 is amended to insert a sub-heading before fees 5.2 to 5.4. Fee 5.2 is amended so that it applies to a complaint (or application) and the issue of a warrant without issuing a summons and fee 5.3 is amended so that it applies on the issue of a warrant if a summons is not obeyed.

(c) Fee 10 is amended so that only one fee is chargeable if—

(i) an application is made (or permission sought) under or relating to provisions of the Children Act which are listed in two or more different numbered fees;

(ii) an application is made (or permission sought) under or relating to two or more provisions of the Children Act which are listed in the same numbered fee;

(iii) an application is made (or permission sought) in respect of two or more children.

(d) Fees 9.1 is amended to clarify that a separate fee is payable for each child in respect of which an application is made.

(e) Fee 13.1 is amended to clarify that the fee is payable in relation to applications to vary or revoke an order made under the Adoption and Children Act 2002.