The Court Fees (Miscellaneous Amendments) Order 2021

Statutory Instruments

2021 No. 985 (L. 14)

Betting, Gaming And Lotteries

County Court, England And Wales

Family Proceedings, England And Wales

Gender Recognition

Magistrates’ Courts, England And Wales

Mental Capacity, England And Wales

Senior Courts Of England And Wales

Supreme Court Of The United Kingdom

Tribunals And Inquiries

The Court Fees (Miscellaneous Amendments) Order 2021

Made

2nd September 2021

Laid before Parliament

6th September 2021

Coming into force

30th September 2021

The Lord Chancellor and the Secretary of State makes the following Order in exercise of the powers conferred on the Lord Chancellor by section 92(1) and (2) of the Courts Act 2003(1), sections 414 and 415 of the Insolvency Act 1986(2), section 54(1) and (2) of the Mental Capacity Act 2005(3), section 52 of the Constitutional Reform Act 2005(4), section 42 of the Tribunals, Courts and Enforcement Act 2007(5), and section 180(1) of the Anti-Social Behaviour, Crime and Policing Act 2014(6), and on the Secretary of State by section 7(2) of the Gender Recognition Act 2004(7).

The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003, section 52(3) of the Constitutional Reform Act 2005 and section 180(3) of the Anti-Social Behaviour, Crime and Policing Act 2014.

In accordance with section 54(3) of the Mental Capacity Act 2005, the Lord Chancellor has consulted the President of the Court of Protection, the Vice-President of the Court of Protection and the Senior Judge of the Court of Protection.

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, in relation to civil proceedings, the Civil Justice Council.

The Lord Chancellor has consulted in accordance with section 52(4) to (6) of the Constitutional Reform Act 2005.

In accordance with section 42(5) of the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor has consulted the Senior President of Tribunals.

In accordance with section 92(1) of the Courts Act 2003, sections 414(1) and 415(1) of the Insolvency Act 1986, section 54(1) of the Mental Capacity Act 2005 and section 52(1) of the Constitutional Reform Act 2005, the Lord Chancellor has obtained the agreement, consent and sanction of the Treasury.

(1)

2003 c. 39. Section 92 was amended by paragraph 345 of Schedule 4, and paragraph 4 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) and by paragraph 40(a) of Schedule 9 and paragraph 95 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

(2)

1986 c. 45. Section 414 was amended by sections 126 and 161 of the Banking Act 2009 (c. 1), section 2(1) of, and paragraphs 1 and 23 of Schedule 3 to, the Corporate Insolvency and Governance Act 2020 (c. 12), and by S.I. 2007/2194 and 2009/805. Section 415 was amended by section 108(3) of, and paragraphs 1 and 9 of Part 1 of Schedule 20 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), and by section 71(3) of, and paragraphs 1 and 59 of Schedule 19 to, the Enterprise and Regulatory Reform Act 2013 (c. 24).

(3)

2005 c. 9.

(4)

2005 c. 4.

(5)

2007 c. 15. Section 42 was amended by S.I. 2010/21 and S.I. 2013/2042.

(6)

2014 c. 12. As this instrument only adjusts a fee to reflect changes in the value of money, in accordance with section 180(8) of the Anti-Social Behaviour, Crime and Policing Act 2014, section 180(7) of that Act does not apply (requirement that a statutory instrument to which section 180(7) applies may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House).

(7)

2004 c. 7. There are amendments of section 7, but none is relevant.