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Statutory Instruments

2013 No. 1199

Tribunals And Inquiries, England And Wales

The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2013

Made

22nd May 2013

Laid before Parliament

23rd May 2013

Coming into force

1st July 2013

The Lord Chancellor makes this Order in exercise of the powers conferred by sections 42(1)(b) and (2) and 49(3) of the Tribunals, Courts and Enforcement Act 2007(1).

The Lord Chancellor has consulted the Senior President of Tribunals and the Administrative Justice and Tribunals Council in accordance with section 42(5) before making this Order and has obtained the consent of the Treasury in accordance with section 42(6).

Citation and commencement

1.  This Order may be cited as the Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2013 and comes into force on 1st July 2013.

2.  This Order extends to England and Wales and applies to proceedings in the Lands Chamber of the Upper Tribunal.

Amendment of the Upper Tribunal (Lands Chamber) Fees Order 2009

3.  The Upper Tribunal (Lands Chamber) Fees Order 2009(2) is amended as follows.

4.  For article 4 substitute—

4.(1) Subject to paragraph (2), the fees payable in respect of proceedings before the Lands Chamber of the Upper Tribunal are set out in the Schedule to this Order.

(2) Where a case has been transferred from the Property Chamber of the First-tier Tribunal to the Lands Chamber of the Upper Tribunal by a direction made under rule 23 of the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013(3), the provisions of the First-tier Tribunal (Property Chamber) Fees Order 2013(4) continue to apply to the case instead of the provisions of this Order..

5.  Omit article 5.

Signed by the authority of the Lord Chancellor

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

21st May 2013

We consent,

Mark Lancaster

Robert Goodwill

Two of the Lords Commissioners of Her Majesty’s Treasury

22nd May 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Upper Tribunal (Lands Chamber) Fees Order 2009 (S.I. 2009/1114).

Where a case is transferred from the Property Chamber of the First-tier Tribunal to the Lands Chamber of the Upper Tribunal the fees payable under the First-tier Tribunal (Property Chamber) Fees Order 2013 (S.I. 2013/1169) continue to apply instead of the fees payable under the Upper Tribunal (Lands Chamber) Fees Order 2009.

This Order also removes the requirement for any fee due to the Upper Tribunal (Lands Chamber) to be paid by cheque or postal order.