The Lands Tribunal (Fees) (Amendment) Rules 2002

Made21st March 2002

Coming into force1st May 2002

The Lord Chancellor, in exercise of the powers conferred on him by section 3 of the Lands Tribunal Act 19491 and section 128 of the Finance Act 19902, after consultation with the Council on Tribunals in accordance with section 8(1) of the Tribunals and Inquiries Act 19923, and with the approval of the Treasury, makes the following Rules:

Citation, commencement and interpretation1.

(1)

These Rules may be cited as the Lands Tribunal (Fees) (Amendment) Rules 2002 and shall come into force on 1st May 2002.

(2)

In these Rules, “the 1996 Fees Rules” mean the Lands Tribunal (Fees) Rules 19964.

Amendment to the 1996 Fees Rules2.

After rule 5 of the 1996 Fees Rules there shall be inserted the following rules—

“6.
Where it appears to the Lord Chancellor that the payment of any fee prescribed by these Rules would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.
7.
(1)
Subject to paragraph (2), where a fee has been paid on or after 1st May 2002 at a time—
(a)
where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under rule 6, the amount by which the fee would have been reduced shall be refunded; or
(b)
where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under rule 6, the fee shall be refunded.
(2)
No refund shall be made under paragraph (1) unless the party who paid the fee applies for it within 6 months of paying the fee.
(3)
The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months, and he may do so notwithstanding that the period has expired.”

Transitional provision3.

(1)

In this rule “applicable fee” means a fee paid under the 1996 Fees Rules on or after 1st November 2001 but before 1st May 2002 and “rule 6” means rule 6 of the 1996 Fees Rules.

(2)

Subject to paragraph (3)—

(a)

an applicable fee shall be refunded where, if rule 6 had been in force when the fee was paid, the Lord Chancellor would have remitted the fee; and

(b)

where the Lord Chancellor would have reduced the applicable fee if rule 6 had been in force when the fee was paid, the amount by which the applicable fee would have been reduced shall be refunded.

(3)

No refund shall be made under paragraph (2) unless the party who paid the fee applies for it before 1st November 2002.

Signed by authority of the Lord Chancellor

Rosie Winterton

Parliamentary Secretary,

Lord Chancellor’s Department

Dated 19th March 2002

We approve

Graham Stringer

Anne McGuire

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 21st March 2002

(This note is not part of the Rules)

These Rules amend the Lands Tribunal (Fees) Rules 1996 by inserting new rules 6 and 7. The new rule 6 provides for the reduction or remission of fees in exceptional circumstances involving undue financial hardship. The new rule 7 provides for refunding a fee where it would have been reduced or remitted under the new rule 6 if all the circumstances had been known at the time the fee was paid.

A transitional provision allows for refunding the whole or part of a fee paid on or after 1st November 2001 but before 1st May 2002 where it would have been reduced or remitted if the new rule 6 had been in force when it was paid.