The Family Proceedings Fees (Amendment No. 2) Order 2008

This Statutory Instrument is made in consequence of a defect in S.I. 2008/2856 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

2008 No. 3106 (L. 27)

Family Proceedings, England And Wales

Supreme Court Of England And Wales

County Courts, England And Wales

The Family Proceedings Fees (Amendment No. 2) Order 2008

Made

3rd December 2008

Laid before Parliament

4th December 2008

Coming into force

5th December 2008

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

In accordance with section 92(5) and (6) of the Courts Act 2003 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, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and commencement

1.—(1) This Order may be cited as the Family Proceedings Fees (Amendment No. 2) Order 2008.

(2) This Order shall come into force on 5^th December 2008.

Amendment of the Family Proceedings Fees (Amendment) Order 2008

2.  The Family Proceedings Fees (Amendment) Order 2008(2) is amended as follows.

3.  In article 5, in paragraph 2, for the words in quotation marks substitute —

“(ca) section 11J(2)(3) (enforcement orders);	£175
(cb) section 11O(2)(4) (compensation for financial loss);	£175”

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

26th November 2008

We consent,

Frank Roy

Tony Cunningham

Two of the Lords Commissioners of Her Majesty’s Treasury

3rd December 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Family Proceedings Fees (Amendment) Order 2008 (S.I. 2008/2856 (L. 22)) so as to correct a mistake in it. That Order, article 5 of which comes into force on 8^th December 2008, makes amendments to the fees prescribed in the Family Proceedings Fees Order 2008 (S.I. 2008/1054).

(1)

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

(2)

S.I. 2008/2856, article 5 of which comes into force on 8^th December 2008.

(3)

Section 11J was inserted by section 4(1) of the Children and Adoption Act (2006 c. 20).

(4)

Section 11O was inserted by section 5 of the Children and Adoption Act (2006 c. 20).