The Upper Tribunal (Lands Chamber) Fees Order 2009

Citation, commencement, extent, application and interpretation

1.  This Order may be cited as the Upper Tribunal (Lands Chamber) Fees Order 2009 and comes into force on 1st June 2009.

2.  This Order extends to England and Wales and applies to proceedings in the Lands Chamber of the Upper Tribunal established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 2008(1).

3.  “The Rules” means the Lands Tribunal Rules 1996(2) and any reference in this Order to a rule by number alone means that rule in the Rules.

Fees payable

4.  The fees payable in respect of proceedings before the Lands Chamber of the Upper Tribunal are set out in the Schedule to this Order.

5.—(1) A notice, application or other document in respect of which a fee is payable must be accompanied by a cheque or postal order made payable to the Tribunals Service for the amount of the fee.

(2) Otherwise, and unless the Upper Tribunal directs otherwise, a fee shall be payable by the party by whom the proceedings were commenced (without prejudice to that party’s right to recover the fee from any other party pursuant to an order for costs) on receipt of notification from the Upper Tribunal.

6.  The proceedings referred to in paragraphs 1, 9, 10 and 12 of the Schedule do not include an appeal against a determination by Her Majesty’s Revenue and Customs under the Finance Act 1975(3) or a reference under sections 47(1) or 47A of the Taxes Management Act 1970(4).

Exceptions

7.  Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the case, involve undue financial hardship, the Lord Chancellor may reduce or remit the fee.

8.—(1) Subject to paragraph (2), when a fee has been paid where, if the Lord Chancellor had been aware of all of the circumstances, the Lord Chancellor would have reduced or remitted the fee under article 7, the appropriate amount shall be refunded.

(2) No refund shall be made under paragraph (1) unless the party who paid the fee applies for a refund within 6 months of the date of payment.

(3) The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if the Lord Chancellor considers that there is good reason for an application being made after the end of that period.

By authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

21st April 2009

We consent

Tony Cunningham

Dave Watts

Two of the Lords Commissioners of Her Majesty’s Treasury

27th April 2009