The Family Proceedings Fees (Amendment) Order 2006

Statutory Instruments

2006 No. 739 (L. 5)

FAMILY PROCEEDINGS, ENGLAND AND WALES

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Family Proceedings Fees (Amendment) Order 2006

Made

7th March 2006

Laid before Parliament

16th March 2006

Coming into force

6th April 2006

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the powers conferred by section 92 of the Courts Act 2003(1).

In accordance with section 92(5) and (6) of that Act 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 and the Civil Justice Council.

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

2.  The Family Proceedings Fees Order 2004(2) is amended in accordance with the following articles.

3.  In article 3(2)(b), for “£15,050” substitute “£15,460”.

4.  In fee 8 (determination of costs) in Schedule 1 to the Order, omit the transitional provision.

Falconer of Thoroton, C

Date 6th March 2006

We consent,

Joan Ryan

Gillian Merron

Two of the Lords Commissioner’s of Her Majesty’s Treasury

Date 7th March 2006

Explanatory Note

(This note is not part of the Order)

Under article 3(2)(b) of the Family Proceedings Fees Order 2004 (S.I. 2004/3114) there is a maximum gross annual income taken into account for the purposes of working tax credit, above which working tax credit will not be a qualifying benefit for the purposes of exemption from court fees under the Order. This Order amends that maximum gross annual income, from £15,050 to £15,460.

This Order also omits a transitional provision which is no longer necessary.

(1)

2003 c. 39; section 92 is amended by paragraphs 308 and 345 of Part 1 of Schedule 4 the Constitutional Reform Act 2005 (c. 4) from 1 October 2005 and by paragraph 4(1) and (3) of Schedule 11 to that Act from a date to be appointed.

(2)

S.I. 2004/3114, amended by S.I. 2005/472 and 2005/3443.