The Magistrates’ Courts Fees Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and consolidates the Magistrates’ Courts Fees Order 2005 (S.I. 2005/3444) as amended. It specifies the fees payable in magistrates’ courts. In addition to minor and drafting amendments, this Order also makes the following changes of substance—

In Schedule 1, fee 10 is amended so as to introduce a £150 fee for applications under the following provisions of the Children Act: section 25 (secure accommodation); sections 44, 45 and 46 (emergency protection orders etc); section 48 (warrant to assist person exercising powers under emergency protection order); section 50 (recovery order), section 102 (warrant to assist person exercising powers to search for children or inspect premises) and paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad).

An incremental fee is introduced in relation to proceedings for a care or supervision order under section 31 of the Children Act 1989 (fee 10.2). The first fee (£2,225) is paid on an application for such an order. The second fee (£700) is payable if an issues resolution hearing or pre-hearing review is listed, at least 14 days before the day on which the hearing is listed, and the third fee (£1,900) is payable if a final hearing is listed, at least 14 days before the day on which that hearing is listed. Provision is made for a refund to be made if a final order is made at a case management conference or if a hearing which has been listed does not take place. The purpose of a case management conference and issues resolution hearing is set out in the Practice Direction entitled “Guide to Case Management in Public Law Proceedings” given by the President of the Family Division of the High Court in April 2008 and the purpose of a pre-hearing review is set out in the Protocol entitled “Judicial Case Management in Public Law Children Act Cases” issued by the President in June 2003. No fee is payable in relation to any issues resolution hearing, pre-hearing review or final hearing listed between 1st May 2008 and 14th May 2008 inclusive (article 6).

The fee for an application for a placement order under section 22 of the Adoption and Children Act 2002 is increased from £140 to £400 (fee 13.2). The notes to fee 13 are updated so as to make it clear that only one fee is payable in relation to an application under more than one provision of the 2002 Act or in relation to an application in respect of two or more children.

In Schedule 2, the definition of “child” in paragraph 1(1) is amended so as to include any qualifying young person in respect of whom child benefit is paid to a party under regulations made under section 142 of the Social Security Contributions and Benefits Act 1992. In paragraph 1(2), it is clarified that paragraphs 2, 3 and 4 of Schedule 2 (full and part remission of fees) only apply to a party who is not in receipt of funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code.

Paragraph 3, which sets out the gross annual income, having regard to the number of children that the party has, for the purposes of determining whether a fee is payable by a party under the Order, is amended so as to increase the amount allowable for each child from £2470 to £2735.

Paragraph 5(3), which makes provision for the calculation of a party’s disposable monthly income, is amended so as to increase the amounts that may be deducted from a party’s gross monthly income for living expenses. The amount that a party may deduct rises from £279 to £296, the amount for each child of the party rises from £198 to £228 and the amount that may be deducted if the party has a partner rises from £142 to £150.

An impact assessment of the effect that this instrument will have on the costs of business is available on the Ministry of Justice’s website at www.justice.gov.uk/publications/cp3207.htm.