The Magistrates’ Courts Fees (Amendment) Order 2008

2.  For paragraph 2(1) in Schedule 2 to the Magistrates’ Courts Fees Order 2005(1) (remission and part remission of fees) substitute—

“(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise be payable—

(a) is in receipt of a qualifying benefit and is not in receipt of funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code; or

(b) 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 is in force or being applied for.

(1A) Paragraph (1)(b) applies to—

(a) an application to which fee 8, 9, 10, 11, 12, 13, 14 or 15 applies;

(b) an application or request to which fee 2, 3, 6 or 7 applies where the application or request is made in relation to proceedings to which fee 8, 9, 10, 11, 12, 13, 14 or 15 applies.”.

(1)

S.I..2005/3444; amended by S.I. 2007/2619; there is another amending instrument but it is no longer relevant.