The Family Proceedings Fees (Amendment) Order 2022

Citation and commencement

1.—(1) This Order is known as the Family Proceedings Fees (Amendment) Order 2022.

(2) Subject to paragraph (3), this Order comes into force on the day on which section 1 of the Divorce, Dissolution and Separation Act 2020(1) comes fully into force.

(3) Articles 3(5), (6) and (7) of this Order come into force on 1st March 2022.

Application

2.  Articles 3(2), (3), (4), (8) and (9) do not apply in relation to proceedings that were issued before the date on which those articles come into force in accordance with article 1(2).

Amendment of the Family Proceedings Fees Order 2008

3.—(1) The table in Schedule 1 to the Family Proceedings Fees Order 2008(2) (fees to be taken) is amended as follows.

(2) In the entry for fee 1.2 (on presenting an application for (a) a decree of divorce made under section 1 of the Matrimonial Causes Act 1973, (b) a decree of nullity made under section 11 or 12 of the Matrimonial Causes Act 1973(3), (c) a dissolution order or nullity order made under section 37 of the Civil Partnership Act 2004(4)), in column 1—

(a) in paragraph (a), for “decree of divorce” substitute “divorce order”, and

(b) in paragraph (b), for “decree of nullity” substitute “nullity of marriage order”.

(3) In the entry for fee 1.3 (on presenting an application for (a) a matrimonial or civil partnership order, other than an application for a decree of divorce, a decree of nullity, a dissolution order, nullity order or to which rule 7.7(1)(b) of the Family Procedure Rules 2010 applies, or (b) a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010(5) applies), in column 1, in paragraph (a)—

(a) for “decree of divorce, a decree of nullity” substitute “divorce order, a nullity of marriage order”, and

(b) for “7.7(1)(b)” substitute “7.4(1)(b)”.

(4) In the entry for fee 1.5 (on amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies, or making an application to which rule 7.7(1)(b) of the Family Procedure Rules 2010 applies), in column 1, for “7.7(1)(b)” substitute “7.4(1)(b)”.

(5) In the entry numbered 2 and commencing with the words “Proceedings under the Children Act 1989”, for “Social Services and Well-being (Wales) Act 2014” substitute “Childcare Act 2006, the Children and Families (Wales) Measure 2010 or the Social Services and Well-being (Wales) Act 2014”.

(6) In the list of paragraphs under the entry for fee 2.1 (on an application for an order under the following provisions of the Children Act 1989(6) or, where specified, the Social Services and Well-being (Wales) Act 2014(7)), omit paragraph (r).

(7) After the entry for fee 2.5 (on commencing an appeal under paragraph 3(11) of Schedule 1 to the Social Services and Well-being (Wales) Act 2014 (appeal against contribution order)), insert—

“Column 1 Number and description of fee	Column 2 Amount of fee
2.6 On an application for an order under—
(a) section 72 (cancellation, variation or removal or imposition of condition of registration of child minder or day carer) of the Childcare Act 2006(8); or	£232
(b) section 34 (cancellation of registration of child minder or day carer) of the Children and Families (Wales) Measure 2010(9).	£232
2.7 On commencing an appeal in relation to proceedings to which the fees listed as 2.6(a) and (b) apply.	£215”

(8) In the Notes relating to fee 5.1 (on an application in existing proceedings without notice or by consent, except where separately listed in this Schedule), in the entry commencing with the words “Fee 5.1 is not payable” and ending with the words “has paid fee 1.2”, in column 1, for “decree or order absolute or final” substitute “final order”.

(9) In the entry for fee 5.2 (on an application under rule 7.19 of the Family Procedure Rules 2010(10) for the court to consider the making of a decree nisi, conditional order, a decree of judicial separation or a separation order (other than in an undefended case where no fee is payable)), in column 1—

(a) for “7.19” substitute “7.9”, and

(b) for “decree nisi, conditional order, a decree of judicial separation” substitute “conditional order, judicial separation order”.

James Cartlidge

Parliamentary Under Secretary of State

Ministry of Justice

17th January 2022

We consent

Rebecca Harris

Michael Tomlinson

Two of the Lords Commissioners of Her Majesty’s Treasury

13th January 2022