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The Magistrates’ Courts Fees (Amendment) Order 2009

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Statutory Instruments

2009 No. 1496 (L. 13)

Magistrates’ Courts, England And Wales

The Magistrates’ Courts Fees (Amendment) Order 2009

Made

10th June 2009

Laid before Parliament

18th June 2009

Coming into force in accordance with article 1

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 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, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and commencement

1.—(1) This Order may be cited as the Magistrates’ Courts Fees (Amendment) Order 2009.

(2) Except as provided in paragraph (3), this Order comes into force on 13th July 2009.

(3) Fee 8.1(b) of Schedule 1 set out in the Schedule to this Order comes into force on 1st September 2009.

Amendment of the Magistrates’ Courts Fees Order 2008

2.  The Magistrates’ Courts Fees Order 2008 (2) is amended as follows.

3.  For Schedule 1 (which specifies the fees to be taken in magistrates’ courts), substitute Schedule 1 (Fees to be taken) set out in the Schedule to this Order.

4.  In paragraph 1(1)(c) of Schedule 2, for “626” substitute “26”.

5.  In paragraph 3(1) of Schedule 2, in column 2 —

(a)for “£12,000” substitute “£13,000”;

(b)for “£14,735” substitute “£15,930”;

(c)for “£17,470” substitute “£18,860”;

(d)for “£20,205” substitute “£21,790”; and

(e)for “£22,940” substitute “£24,720”.

6.  In paragraph 3(1) of Schedule 2, in column 3 —

(a)for “£16,000” substitute “£18,000”;

(b)for “£18,735” substitute “£20,930”;

(c)for “£21,470” substitute “£23,860”;

(d)for “£24,205” substitute “£26,790”; and

(e)for “£26,940” substitute “£29,720”.

7.  In paragraph 3(2) of Schedule 2, for “£2,735” substitute “£2,930”.

8.  In paragraph 5(3) of Schedule 2 —

(a)in sub-paragraph (a), for “£296” substitute “£315”;

(b)in sub-paragraph (b), for “£228” substitute “£244”; and

(c)in sub-paragraph (c), for “£150” substitute “£159”.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

4th June 2009

We consent,

Tony Cunningham

Frank Roy

Two of the Lords Commissioners of Her Majesty’s Treasury

10th June 2009

Article 3

SCHEDULE

Article 2

SCHEDULE 1Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

1 Attendance
1.1 On an application which requires a justice of the peace to perform a function away from the court premises.

£50

Note: Fee 1.1 is payable in addition to other payable fees.
2 Appeals

2.1 On an application to state a case for the opinion of the High Court under section 111(1) of the Magistrates’ Courts Act 1980(3).

Note: Where fee 2.1 is payable, no further fee is payable in respect of the preparation of a draft case by the justices’ clerk, providing copies, taking recognizance as required by section 114 of that Act and enlargement and renewal of such recognizance.

£500

2.2 Proceedings under the Child Support Act 1991(4)

(a)

On commencing an appeal under section 20(5).

(b)

On commencing an appeal against a deduction from earnings order.

£130

£80

2.3 Proceedings under Schedule 5 to the Licensing Act 2003(6)

on commencing an appeal under paragraph 1, 2(2), 3(2)(a), 4(2), 7(2), 8(2)(b), 8A(2)(b), 10, 11(2), 12(2), 13(2)(b), 14, 16(2), 17(1), and (4) or 18(2)(a) of Schedule 5 to the Licensing Act 2003.

£400

2.4 On commencing an appeal where no other fee is specified.£200
3 Certificates and Certified Documents
3.1 On a request for a certificate of refusal to state a case.£100

3.2 Register of judgments, orders and fines kept under section 98 of the Courts Act 2003(7)

on a request for a certificate of satisfaction.

£15

3.3 On a request for a certified copy of a memorandum of conviction.£60

3.4 On a request for a certificate or certified document where no other fee is specified.

Note: Fee 3.4 includes any copy of a document certified by the court as a genuine copy of the original document.

£60

4 Liability Orders

4.1 Proceedings under the Council Tax (Administration and Enforcement) Regulations 1992(8)

on an application for a liability order.

Note: Fee 4.1 is payable in respect of each defendant against whom the liability order is sought.

£3

4.2 Proceedings under the Child Support Act 1991 —

on an application for a liability order.

Note: Fee 4.2 is payable in respect of each liability order applied for.

£40

5 Copy Documents
5.1 On a request for a copy of a document (other than where fee 5.2 applies)—
(a) of ten pages or less; and£5

(b) for each subsequent page.

Note: The fee payable under fee 5.1 includes –

  • where the court allows a party to fax to the court for the use of that party a document that has not been requested by the court and is not intended to be placed on the court file.

  • where a party requests that the court fax a copy of a document from the court file.

  • the court provides a subsequent copy of a document which it has previously provided.

50p
5.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.

£5

6 Financial Provision

6.1 Proceedings under the Domestic Proceedings and Magistrates’ Courts Act 1978(9) or Schedule 6 to the Civil Partnership Act 2004(10)

On an application for an order for financial provision (other than an application to vary or revoke such an order, or an application for an order for financial provision made for the benefit of, or against, a person residing outside the United Kingdom).

£175

7 Proceedings under the Family Law Act 1986(11)
7.1 On an application for a declaration of parentage (each child).£130
8 Proceedings under the Children Act 1989(12)
8.1 On an application for an order in form C1 or form C100 (free-standing application), form C79 (application related to enforcement of a contact order), form C2 (application in existing proceedings) or a request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989—
(a) section 4(1)(c) or (3) or 4A(1)(b) or (3)(13) (parental responsibility);

£175

(b) section 4ZA(1)(c) or (6)(14) (parental responsibility);£175
(c) section 5(1) or 6(7) (guardians);£175
(d) section 10(1) or (2) (section 8 orders);£175
(e) section 11J(2)(15) (enforcement orders);£175
(f) section11O(2)(16) (compensation for financial loss);£175
(g) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force);

£175

(h) section 14A(3) or (6)(a), 14C(3) or 14D(1)(17) (special guardianship orders);

£140

(i) section 25 (secure accommodation order);£150
(j) section 33(7) (change of child’s surname or removal from jurisdiction while care order in force);

£150

(k) section 34(2), (3), (4) or (9) (contact with child in care);£150
(l) section 36(1) (education supervision order);£150
(m) section 39 (variation or discharge etc of care and supervision orders);

£150

(n) section 43(1) (child assessment order);£150
(o) sections 44, 45 and 46 (emergency protection order);£150
(p) section 48 (warrant to assist person exercising powers under emergency protection order);

£150

(q) section 50 (recovery order);£150
(r) section 79K (cancellation, variation or removal or imposition of condition of registration of child minder or day carer);

£150

(s) paragraph 4(2), 6(2), 7(2) or 9(2) of Schedule A1(18) (applications in respect of enforcement orders);

£80

(t) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address);

£40

(u) section 102 (warrant to assist person exercising powers to search for children or inspect premises);

£150

(v) paragraph 1(1) or (4), 2(1) or (5), 5(6), 6(5), (7) or (8), 8(2), 10(2), 11 or 14(1) of Schedule 1 (financial provision for children);

£175

(w) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad);

£150

(x) paragraph 6 of Schedule 3 (extension of supervision order);£150
(y) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order);

£150

(z) paragraph 8(1) of Schedule 8 (appeals concerning foster parenting).

£150

8.2 In relation to proceedings under section 31 of the Children Act 1989 (care and supervision orders)—
(a) on an application;£2,225
(b) where an issues resolution hearing or a pre-hearing review has been listed;

£700

(c) where a final hearing has been listed;£1900

Notes to fees 8.1 and 8.2:

Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.

Where an application is made or permission is sought under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, the fee is payable only once.

Where the application is made or permission is sought in respect of two or more children at the same time, and these children are siblings or children of the family, only one fee is payable in respect of each numbered fee.

Notes to fee 8.2 only:

Where a final order is made at a case management conference, £500 of the amount paid under fee 8.2(a) will be refunded.

Where the court lists more than one issues resolution hearing or pre-hearing review, the fee is payable only once.

Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.

Where a fee is paid under fee 8.2(b) or (c) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed.

The fee in 8.2(b) and (c) is payable 14 days before the hearing or review.

9 Proceedings under the Human Fertilisation and Embryology Act 1990(19)
9.1 On an application under section 30 (parental order).£175
10 Proceedings under the Adoption and Children Act 2002(20)
10.1 On an application or a request for permission to apply under any provision in Part 1 of the Adoption and Children Act 2002, other than an application under section 22 of that Act.

£140

10.2 On an application under section 22 of the Adoption and Children Act 2002 (placement order).

£400

Notes: Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable.

Where the same application is made or permission is sought in respect of two or more children at the same time, and these children are siblings or children of the family, only one fee is payable.

11 Proceedings under the Children and Adoption Act 2006(21).

11.1 On an application for a warning notice to be attached to a contact order.

Notes: Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 and the Children and Adoption Act 2006 which are listed in two or more different numbered fees, only one fee is payable.

Where the same application is made or permission is sought in respect of two or more children at the same time, and those children are siblings or children of the family, only one fee is payable in respect of each numbered fee.

£40

12 Proceedings to vary, extend or revoke an order made in family proceedings
12.1 On an application to vary, extend or revoke an order made in family proceedings where no other fee is specified.

£20

13 Licences
13.1 On a request for a licence, consent or authority where no other fee is specified.

£25

13.2 On an application for the renewal or variation of an existing licence.

£25

13.3 On an application for the revocation of a licence where no other fee is specified.

£25

14 Oaths

14.1 On taking the attestation of a constable or special constable under the Police Act 1996(22).

Note: Fee 14.1 is payable for every attestation made by every constable or special constable at or away from court premises.

£10

14.2 For every oath, affirmation, solemn declaration or statutory declaration where no other fee is specified.

Note: No fee is payable for the swearing in of witnesses or in any case where an enactment directs that no fee will be taken.

£25

15 Other civil proceedings
15.1 On commencing proceedings where no other fee is specified and where leave or permission is not required.

£200

15.2 On commencing proceedings where leave or permission is required —
(a) on an application for leave or permission to commence proceedings where no other fee is specified.

£100

(b) on commencing proceedings where leave or permission has been granted following payment of fee 15.2(a).

£100

Note: Fees 15.1 and 15.2 do not apply to family proceedings.

15.3 Contested hearing —

For a hearing at which the proceedings are contested.

£500

Note: Fee 15.3 —

  • applies only to hearings in proceedings to which fee 15.1 or 15.2 apply.

  • is payable by the party who commenced the proceedings.

  • is payable on the day that the hearing commences.

  • is payable only once in the same proceedings.

16 Warrants
16.1 On an application for a warrant of entry.£18
16.2 On an application for any other warrant where no other fee is specified.

£75

Note: Fee 16.2 includes an application for a warrant made during a hearing. No fee is payable if the court issues a warrant of its own initiative.
17 Commitment

17.1 Proceedings under the Council Tax (Administration and Enforcement) Regulations 1992 —

on an application for a warrant for commitment.

£240

17.2 Proceedings under the Child Support Act 1991 —

on an application for a warrant for commitment.

£240

Note: Fees 17.1 and 17.2 do not include a warrant of arrest which is provided for under fee 16.2.
Note to all fees: Where proceedings are brought against the individual members of a partnership, any relevant fee is payable only once.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Magistrates’ Court Fees Order 2008 (S.I. 2008/1052) (L.4) by substituting a new Schedule 1 which specifies the fees payable in magistrates’ courts. In this explanatory note “old fee number” and “old fee” refer to the relevant fee numbers and fees in the Magistrates’ Courts Fees Order 2008. “New fee number” and “new fee” refer to the relevant fee numbers and fees as amended in this Order. The fees that are increased are shown in the following table.

Old fee numberOld feeNew fee numberNew fee
2.1£4002.1£500
3.1£403.4£60
16.1£2013.1£25
16.2£3013.3£25

18.1

18.2

18.4

£75

£75

£50

15Old fees 18.1, 18.2 and 18.4 are replaced by new fee 15.
18.3£5016.2£75 (Old fee 18.3 has been removed. This now falls within new fee 16.2).
19.1£1016.1£18
5.3£2516.2£75 (Old fee 5.3 has been removed. This now falls within new fee 16.2).

5.2

5.4

£25

£40

17.1£240
12.4£9017.2£240

In relation to fee 8.2, the purpose of a case management conference and issues resolution hearing is set out in the Practice Direction entitled “Guide to Case Management in Public Law Proceedings” given by the President of the Family Division of the High Court in April 2008 and the purpose of a pre-hearing review is set out in the Protocol entitled “Judicial Case Management in Public Law Children Act Cases” issued by the President in June 2003.

Additionally, the main changes that the Order makes are as follows.

Fee 2.4 is a new fee to cover any appeal that is not otherwise charged.

Fee 3.3 is a new fee of £60 for a request for a certified copy of a memorandum of conviction. This was previously covered by old fee 3.1 (£40 was charged on a request for a certificate not otherwise charged) which has been re-numbered as fee 3.4.

Fee 13.2 is a new fee to provide for applications for renewal or variation of an existing licence. The fee for applications for revocation of a licence (old fee 16.2, new fee 13.3) is reduced from £30 to £25 so that all licence applications carry the same fee.

In fee 15, there is a single increased fee of £200 for commencing proceedings, or where leave of the court is required to commence proceedings there is a smaller fee of £100 for applications for leave and a further fee of £100 to commence proceedings once leave has been granted. Where the proceedings are contested the party who commenced proceedings pays a further fee of £500 to cover all contested hearings.

Fee 16.2 is a new fee to cover applications for any warrant (other than a warrant of entry) where no other fee is specified.

Fee 17.1 is a single fee for applications for a warrant for commitment under the Council Tax (Administration and Enforcement) Regulations 1992, replacing the two staged fees (old fees 5.2 and 5.4). Fee 17.1 does not include a warrant of arrest which is provided for under fee 16.2.

Articles 5-7 increase the figures for gross annual income in paragraph 3 of Schedule 2 which are used to determine whether a party is eligible for fee remission.

Article 8 increases the amounts that may be deducted from a party’s gross monthly income for living expenses. The amount that a party may deduct rises from £296 to £315. The amount for each child of the party rises from £228 to £244 and the amount that may be deducted if the party has a partner rises from £150 to £159.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://www.justice.gov.uk/docs/civil-court-fees-2008-consultation-paper-cp31-08.pdf.

(1)

2003 c. 39; section 92 was amended by paragraphs 308 and 345 of Schedule 4 to the Constitutional Reform Act 2005 (c.4) from 1 October 2005.

(5)

Section 20 is substituted by section 10 of the Child Support, Pensions and Social Security Act 2000 (c.19) from a date to be appointed. By virtue of the Child Support Appeals (Jurisdiction of Courts) Order 1993 (S.I. 1993/961) appeals under section 20 relating to issues of parentage are to be made to the court instead of the Child Support Appeals Tribunal. This Order will be revoked and replaced by the Child Support Appeals (Jurisdiction of Courts) Order 2002 (S.I. 2002/1915), which also provides that appeals relating to issues of parentage are to be made to the court instead of the Appeals Tribunal. This Order will come into force on the date on which section 10 of the Child Support, Pensions and Social Security Act 2000 comes into force.

(6)

2003 c.17; Schedule 5 is amended by S.I. 2005/886 and by section 22(2) of the Violent Crime Reduction Act 2006 (c.38).

(7)

The Register of Judgments, Orders and Fines Regulations 2005 (S.I. 2005/3595) (amended by S.I. 2009/474) is made under section 98. Regulation 17 of S.I. 2005/3595 sets out the procedure for an application for a certificate of satisfaction.

(8)

S.I. 1992/613; relevant amending instruments are S.I. 1998/3008 and S.I. 2004/785.

(10)

2004 c.33.

(11)

1986 c.55.

(12)

1989 c.41.

(13)

Section 4A was inserted by section 112 of the Adoption and Children Act 2002 (c.38) and was amended by section 75 of the Civil Partnership Act 2004 (c.33).

(14)

Section 4ZA(1)(c) and (6) were inserted by paragraph 27 of Schedule 6 to the Human Fertilisation and Embryology Act 2008 (c. 22) and come into force on 1st September 2009 (see the Human Fertilisation and Embryology Act 2009 (Commencement No. 1 and Transitional Provisions) Order 2009 (S.I. 2009/479 (c.32)).

(15)

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

(16)

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

(17)

Sections 14A, 14C and 14D were inserted by section 115 of the Adoption and Children Act 2002 (c.38).

(18)

Schedule A1 was inserted by Schedule 1 to the Children and Adoption Act 2006 (c.20).

(19)

1990 c.37.

(20)

2002 c.38.

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