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The Family Proceedings Fees (Amendment) Order 2009

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Citation and commencement

1.—(1) This Order may be cited as the Family Proceedings Fees (Amendment) Order 2009.

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

(3) Article 5 comes into force on 1st September 2009.

Amendment of the Family Proceedings Fees Order 2008

2.  The Family Proceedings Fees Order 2008(1) is amended as follows.

3.  In Schedule 1, in fee 1.6, in column 2, for “£30” substitute “£40”.

4.  In Schedule 1, in fee 2.1, for “C78” substitute “C79”.

5.  In Schedule 1, after fee 2.1(a), insert —

(aa)  section 4ZA(1)(c) or (6)(2) (parental responsibility);£175

6.  In Schedule 1, in fee 2.2 —

(a)in fee 2.2 (b) omit “at least 14 days before the day on which that hearing is listed”;

(b)in fee 2.2 (c) omit “at least 14 days before the day on which the final hearing is listed”;

(c)at the end of the notes to fee 2.2, insert “The fee in 2.2(b) and (c) is payable 14 days before the hearing or review.”.

7.  In Schedule 1, in fee 4.1, in the description, omit “for an order”.

8.  In Schedule 1, after 4.1 insert —

Note: Fee 4.1 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.

9.  In Schedule 1, in fee 6.1, in column 2, for “£40” substitute “£60”.

10.  In Schedule 1, in fee 7.1 —

(a)in fee 7.1(a), at the end of the description, insert “and”;

(b)for the note to fee 7.1, substitute —

Note: The fee payable under fee 7.1 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.

11.  In Schedule 1, in fee 8.4, in column 2, for “£100” substitute “£200”.

12.  In Schedule 1, in fee 8.5, in column 2, for “£30” substitute “£50”.

13.  In Schedule 1, in fee 8.6, in column 2, for “£60” substitute “£100”.

14.  In Schedule 1, in fee 10.1, in column 2, for “£30” substitute “£100”.

15.  In Schedule 1, in fee 11.1 —

(a)in the description, omit “(a) where the amount for which the warrant issues does not exceed £125;” and “(b) where the amount for which the warrant issues exceeds £125.”;

(b)In column 2, omit “£35” and “£55” and substitute “£100”.

16.  In Schedule 1, omit fees 11.3, 11.4(a), 11.4(b), 11.5, 13.2, 13.3(a), 13.3(b) and 13.4.

17.  In Schedule 1, omit the notes to fees 11.4(a), 11.4(b), 13.3(a) and 13.3(b).

18.  In Schedule 1, after fee 9.2, insert —

9A. Enforcement
9A.1 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment.

£50

9A.2(a) On an application for a garnishee order or the appointment of a receiver by way of equitable execution.

£100

Note: Fee 9A.2(a) is payable in respect of each third party against whom the order is sought.
9A.2(b) On an application for a charging order.£100
Note: Fee 9A.2(b) is payable in respect of each charging order applied for.
9A.3 On an application for a judgment summons.£100

19.  In Schedule 1, in fee 11.7, in column 2, for “£65” substitute “£100”.

20.  In Schedule 1, in fee 13.1, in column 2, for “£30” substitute “£50”.

21.  In Schedule 1, in fee 13.5, in column 2, for “£30” substitute “£50”.

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

23.  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”.

24.  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”.

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

26.  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 the 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

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