2004 No. 3114 (L. 21)
The Family Proceedings Fees Order 2004
Made
Laid before Parliament
Coming into force
The Lord Chancellor, in exercise of the powers conferred upon him by sections 92 and 108(6) of the Courts Act 20031, and section 128 of the Finance Act 19902, with the consent of the Treasury under section 92(1) of the Courts Act 2003, and after consulting with the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice Chancellor, the Head of Civil Justice and the Deputy Head of Civil Justice and the Civil Justice Council under section 92(5) and (6) of that Act, makes the following Order:
Citation, commencement and interpretation1
1
This Order may be cited as the Family Proceedings Fees Order 2004 and shall come into force on 4th January 2005.
2
In this Order—
a
a fee referred to by number means the fee so numbered in Schedule 1 to this Order;
b
a rule referred to by number alone means the rule so numbered in the Family Proceedings Rules 19913;
c
expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules;
d
“LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 19994;
e
“Funding Code” means the code approved under section 9 of the Access to Justice Act 1999.
Fees to be taken2
The fees set out in column 2 of Schedule 1 to this Order shall be taken in family proceedings in the High Court or in a county court in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.
Exemptions, reductions, remissions and refunds
3
1
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable—
a
is in receipt of—
i
legal advice and assistance under Part II or Part III of the Legal Aid Act 19885 in connection with the matter to which the proceedings relate; or
ii
Legal Help as defined in, and provided in accordance with, the Funding Code in connection with the matter to which the proceedings relate;
b
is in receipt of any qualifying benefit and is not in receipt of either—
i
representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings; or
ii
funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party; or
c
is not a beneficiary of a trust fund in court of a value of more than £50,000 and is—
i
under the age of eighteen; or
ii
a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 19896 is in force or is being applied for.
2
The following are qualifying benefits for the purposes of paragraph (1)(b)—
a
income support under the Social Security Contributions and Benefits Act 19927;
b
working tax credit, provided that—
i
child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 20028) which includes the party; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £14,600 or less;
c
income-based jobseeker’s allowance under the Jobseekers Act 19959; and
d
guarantee credit under the State Pension Credit Act 200210.
4
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.
5
1
Subject to paragraph (2), where a fee has been paid at a time—
a
when, under article 3, it was not payable, the fee shall be refunded;
b
where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 4, the amount by which the fee would have been reduced shall be refunded; and
c
where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 4, the fee shall be refunded.
2
No refund shall be made under paragraph (1) unless the party who paid the fee applies 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.
6
Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.
Revocations7
The Orders specified in Schedule 2, in so far as they were made under sections 414 and 415 of the Insolvency Act 1986 and section 128 of the Finance Act 1990, shall be revoked.
We consent,
SCHEDULE 1Fees to be taken
Column 1 | Column 2 |
|---|---|
Number and description of fee | Amount of fee |
Section 1. Fees to be taken in the High Court and in the county courts | |
1 Commencement of proceedings | |
1.1 On filing originating proceedings where no other fee is specified | £130 |
1.2 On presenting any petition, other than a second petition with leave granted under rule 2.6(4) | £210 |
1.3 On applying for a non-molestation order or an occupation order (or both) under Part IV of the Family Law Act 199611 | £60 |
1.4 On amending a petition or presenting a second or subsequent petition with leave granted under rule 2.6(4) | £50 |
1.5 On filing an answer to a petition or a cross-petition | £150 |
1.6 On an application for an order under Part III of the Solicitors Act 197412 for the assessment of costs payable to a solicitor by his client; or on the commencement of costs-only proceedings | £30 |
2 Proceedings under the Children Act 198913 | |
On filing an application or requesting leave under the following provisions of the Children Act 1989— | |
Parental responsibility, guardians, section 8 orders etc | |
£120 | |
2.1(b) section 6(7) or 13(1) | £120 |
provision for children | |
2.2(a) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1 | £120 |
2.2(b) paragraph 1(4), 2(5), 5(6), 6(7), 6(8), 8(2), 10(2) or 11 of Schedule 116 | £120 |
accommodation | |
2.3 section 25 | £150 |
Care, supervision, etc | |
2.4(a) section 3117 | £150 |
For the purposes of fee 2.4(a) a care order does not include an interim care order, and a supervision order does not include an interim supervision order. | |
2.4(b) section 33(7), 38(8)(b), 39(1), (2), (3) or (4) or paragraph 6 of Schedule 3 | £150 |
2.4(c) paragraph 11(3) of Schedule 14, to discharge an order relating to provisions to which the following fees apply— | |
| £120 |
| £150 |
Contact with child in care | |
2.5 section 34(2), (3), (4) or (9) | £150 |
Placement abroad | |
2.6 paragraph 19(1) of Schedule 2 | £150 |
Education supervision | |
2.7(a) section 36(1) | £150 |
2.7(b) paragraph 15(2) or 17(1) of Schedule 3 | £150 |
Child assessment order | |
2.8 section 43(1) | £150 |
Emergency protection | |
2.9(a) section 43(12) | £150 |
2.9(b) section 44, 4518, 46 or 48 | £150 |
Recovery of children | |
2.10 section 50 | £150 |
Miscellaneous | |
2.11 section 102 | £150 |
Appeals | |
2.12(a) on commencing an appeal under section 94 of the Children 198919 relating to provisions to which the following fees apply— | |
| £120 |
| £150 |
2.12(b) on commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989 | £150 |
Interim care/supervision orders | |
2.13 on an application for an interim care order or an interim supervision order to be made under section 38(1) of the Children Act 1989 where an application for a care order or an application for a supervision order has already been made, and at least one interim care order or at least one interim supervision order has been made in the proceedings | £30 |
Fee 2 | |
In the notes below to fee 2 “numbered fee” means each of the following fees: 2.1(a); 2.1(b); 2.2(a); 2.2(b); 2.3; 2.4(a); 2.4(b); 2.4(c)(i); 2.4(c)(ii); 2.5; 2.6; 2.7(a); 2.7(b); 2.8; 2.9(a); 2.9(b); 2.10; 2.11; 2.12(a)(i); 2.12(a)(ii); 2.12(b) and 2.13. | |
Where an application is made or filed, or (as the case may be) leave is sought or an appeal commenced, under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, only one fee shall be payable, and if those fees are different, only the highest fee shall be payable. | |
Where an application is made or filed, or (as the case may be) leave is sought or an appeal commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee shall be payable only once. | |
Where the same application is made or filed, or (as the case may be) leave is sought or an appeal commenced, in respect of two or more children at the same time, only one fee shall be payable in respect of each numbered fee. | |
3 Adoption and wardship applications | |
3.1 On commencing proceedings under the Adoption Act 197620 other than under section 21 of that Act | £140 |
3.2 On commencing proceedings under section 21 of the Adoption Act 1976 | £140 |
3.3 On applying for the exercise by the High Court of its inherent jurisdiction with respect to children | £140 |
4 Applications in proceedings | |
4.1 On an application for an order without notice or by consent (including an application to make a decree nisi absolute) except where separately listed in this schedule | £30 |
4.2 On a request for directions for trial (other than in uncontested divorce proceedings, in which no fee is chargeable) except where separately listed in this schedule | £30 |
4.3 On an application on notice except where separately listed in this schedule | £80 |
4.4 On an application on notice for ancillary relief, or on filing a notice of intention to proceed with an application for ancillary relief other than an application for an order by consent | £210 |
5 Appeal from a district judge | |
5.1 On filing a notice of appeal from a district judge to a judge | £80 |
6 Searches | |
6.1 On making a search in the central index of decrees absolute kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute | £20 |
6.2 On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act 1989 and, if appropriate, providing a copy of the agreement | £20 |
6.3 On making a search in the index of decrees absolute kept at any divorce county court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute | £5 |
7 Copy documents | |
7.1 On a request for a copy of a document (other than where fee 7.2 applies): | |
| £1 |
| 20p |
Fee 7.1 shall be payable for a faxed copy or for examining a plain copy and marking it as an examined copy and shall be payable whether or not the copy is issued as an office copy. | |
7.2 On a request for a copy of a document required in connection with proceedings and supplied by the party making the request at the time of copying, for each page | 20p |
7.3 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy | £3 |
8 Determination of costs | |
Transitional provision | |
Where a bill of costs (or a request for detailed assessment or a request for a detailed assessment hearing as the case may be) is filed pursuant to an order made by the court before the coming into operation of this Order the fees payable shall be those which applied immediately before the coming into force of this Order. | |
8.1 On the filing of a request for detailed assessment where the party filing the request is legally aided or is funded by the LSC and no other party is ordered to pay the costs of the proceedings | £100 |
8.2 On the filing of a request for a detailed assessment hearing in any case where fee 8.1 does not apply; or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974 | £250 |
Where there is a combined party and party and legal aid, or a combined party and party and LSC, or a combined party and party, legal aid and LSC determination of costs, fee 8.2 shall be attributed proportionately to the party and party, legal aid, or LSC (as the case may be) portions of the bill on the basis of the amount allowed. | |
8.3 On a request for the issue of a default costs certificate | £40 |
8.4 On an appeal against a decision made in detailed assessment proceedings | £100 |
8.5 On applying for the court’s approval of a certificate of costs payable from the Community Legal Service Fund21 | £30 |
Fee 8.5 is payable at the time of applying for approval and is recoverable only against the Community Legal Service Fund. | |
8.6 On an application to set aside a default costs certificate | £60 |
9 Registration of maintenance orders | |
On an application for a maintenance order to be— | |
9.1 registered under the Maintenance Orders Act 195022 or the Maintenance Orders Act 195823 | £30 |
9.2 sent abroad for enforcement under the Maintenance Orders (Reciprocal Enforcement) Act 197224 | £30 |
Section 2. Fees to be taken in the county courts only | |
10 Service | |
10.1 On a request for service by bailiff, of any document except: | £30 |
| |
| |
| |
| |
11 Enforcement in the county courts | |
11.1 On an application for or in relation to enforcement of a judgment or order of a county court or through a county court, by the issue of a warrant of execution against goods except a warrant to enforce payment of a fine |
|
| |
11.2 On a request for a further attempt at execution of a warrant at a new address following a notice of the reason for non-execution (except a further attempt following suspension) | £20 |
11.3 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment | £40 |
11.4 On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution | £50 |
Fee 11.4 shall be payable in respect of each party against whom the fee order is sought. | |
11.5 On an application for a judgment summons | £90 |
11.6 On the issue of a warrant of possession or a warrant of delivery | £90 |
Where the recovery of a sum of money is sought in addition, no further fee is payable | |
11.7 On an application for an attachment of earnings order (other than a consolidated attachment of earnings order) to secure money due under an order made in family proceedings | £60 |
Fee 11.7 is payable for each defendant against whom an order is sought. | |
Fee 11.7 is not payable where the attachment of earnings order is made on the hearing of a judgment summons. | |
12 Sale | |
12.1 For removing or taking steps to remove goods to a place of deposit | The reasonable expenses incurred |
Fee 12.1 is to include the reasonable expenses of feeding and caring for animals. | |
12.2 For advertising a sale by public auction pursuant to section 97 of the County Courts Act 198426 | The reasonable expenses incurred |
12.3 For the appraisement of goods | 5p in the £1 or part of a £1 of the appraised value |
12.4 For the sale of goods (including advertisements, catalogues, sale and commission and delivery of goods) | 15p in the £1 or part of a £1 on the amount realised by the sale or such other sum as the district judge may consider to be justified in the circumstances |
12.5 Where no sale takes place by reason of an execution being withdrawn, satisfied or stopped |
|
Section 3. Fees to be taken in the High Court only | |
13 Enforcement in the High Court | |
13.1 On sealing a writ of execution/possession/delivery | £30 |
Where the recovery of a sum of money is sought in addition to a writ of possession and delivery, no further fee is payable. | |
13.2 On an application to question a judgment debtor or other person on oath in connection with enforcement of a judgment | £40 |
13.3 On an application for a garnishee order nisi or a charging order nisi, or the appointment of a receiver by way of equitable execution | £50 |
Fee 13.3 shall be payable in respect of each party against whom the order is sought. | |
13.4 On an application for a judgment summons | £90 |
13.5 On a request or application to register a judgment or order; or for leave to enforce an arbitration award; or for a certified copy of a judgment or order for use abroad | £30 |
14 Affidavits | |
14.1 On taking an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration; and | £5 |
14.2 For each exhibit referred to and required to be marked | £2 |
SCHEDULE 2Orders revoked
Title | Reference |
|---|---|
The Family Proceedings Fees Order 1999 | S.I.1999/690 |
The Family Proceedings Fees (Amendment) Order 1999 | S.I.1999/2549 |
The Family Proceedings Fees (Amendment) Order 2000 | S.I.2000/640 |
The Family Proceedings Fees (Amendment) Order 2003 | S.I.2003/645 |
The Family Proceedings Fees (Amendment No 3) Order 2003 | S.I.2003/719 |
(This note is not part of the Order)