The Civil Proceedings Fees (Amendment) Order 2006

Statutory Instruments

2006 No. 719 (L. 4)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Proceedings Fees (Amendment) Order 2006

Made

9th March 2006

Laid before Parliament

16th March 2006

Coming into force

6th April 2006

The Lord Chancellor, in exercise of the powers conferred upon him by sections 92 of the Courts Act 2003(1) and sections 414 and 415 of the Insolvency Act 1986(2), makes the following Order.

The Lord Chancellor has obtained the consent of the Treasury in accordance with section 92(1) of the Courts Act 2003, and the sanction of the Treasury in accordance with sections 414(1) and 415(1) of the Insolvency Act 1986, to the making of this Order.

The Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice and the Deputy Head of Civil Justice in accordance with section 92(5) of the Courts Act 2003, and the Civil Justice Council in accordance with section 92(6) of that Act.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2006 and shall come into force on 6th April 2006.

(2) In this Order a reference to an article by number alone means the article so numbered in the Civil Proceedings Fees Order 2004(3), and a reference to a fee by number alone means the fee so numbered in Schedule 1 to that Order.

Amendments to the Civil Proceedings Fees Order 2004

2.  In article 4(2)(b), for “£15,050” substitute “£15,460”.

3.—(1) After fee 2.8 insert—

“2.9   Register of judgments etc kept under section 98 of the Courts Act 2003

On a request for the issue of a certificate of satisfaction    £15”.

(2) Omit fee 13.1 and the words preceding it “FEES PAYABLE IN COUNTY COURT ONLY” and “13. Registry of County Court Judgments”.

Signed

Falconer of Thoroton ,C

9th March 2006

We consent

Joan Ryan

Gillian Merron

Two of the Lords Commissioners of Her Majesty’s Treasury

8th March 2006

Explanatory Note

(This note is not part of the Order)

This Order amends the Civil Proceedings Fees Order 2004 (S.I. 2004/3121).

It inserts a new fee (fee 2.9) for a request for the issue of a certificate of satisfaction in relation to an entry in the register of judgments kept under section 98 of the Courts Act 2003. The register is governed by the Register of Judgments, Orders and Fines Regulations 2005 (S.I. 2005/3595). The new fee replaces the fee (fee 13.1) for a request for the issue of a certificate of satisfaction in relation to an entry in the registry of county court judgments. The amount of the new fee, £15, is the same as the amount of the fee being replaced.

This Order also increases, from £15,050 to £15,460, the maximum gross annual income above which working tax credit will not be a qualifying benefit for the purposes of exemption from court fees under the 2004 Order.

(1)

2003 c. 39; amended by Constitutional Reform Act 2005, Schedule 4 paragraph 345.

(2)

1986 c. 45.

(3)

S.I.2004/3121; amended by S.I. 2005/473 and 3445.