The Family Proceedings Fees (Amendment) (No. 4) Order 1997

Statutory Instruments

1997 No. 2671 (L.40)

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS

The Family Proceedings Fees (Amendment) (No. 4) Order 1997

Made

5th Novemeber 1997

Coming into force

1st December 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 41 of the Matrimonial and Family Proceedings Act 1984(1), and of all other powers enabling him in that behalf, with the concurrence of the Treasury, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Family Proceedings Fees (Amendment) (No. 4) Order 1997 and shall come into force on 1st December 1997.

Amendment to the Family Proceedings Fees Order 1991

2.  Article 3 of the Family Proceedings Fees Order 1991(2) shall be amended as follows—

(a) the existing article shall be re-numbered as article 3(1);

(b) in sub-paragraph (b) of the new paragraph (1), for the words from “income support” to “1992” there shall be substituted “any qualifying benefit”;

(c) after the new paragraph (1) there shall be inserted the following new paragraph—

“(2) The following are qualifying benefits for the purposes of paragraph (1)(b) above: income support, family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992(3), and income-based jobseeker’s allowance under the Jobseekers Act 1995(4).”.

Irvine of Lairg, C.

Dated 30th October 1997

We concur,

Graham Allen

Jon Owen Jones

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 5th November 1997

Explanatory Note

(This note is not part of the Order)

This Order amends the Family Proceedings Fees Order 1991 so as to extend the exemption from payment of court fees to those in receipt of disability working allowance or income-based jobseeker’s allowance.

(1)

1984 c. 42.

(2)

S.I. 1991/2114; article 3 was amended by S.I. 1995/2628, 1996/3190 and 1997/788 and 1080.

(3)

1992 c. 4.

(4)

1995 c. 18.