2013 No. 2302 (L. 21)
The Courts and Tribunals Fee Remissions Order 2013
Made
Laid before Parliament
Coming into force
The Lord Chancellor and Secretary of State makes this Order in exercise of the powers conferred on the Lord Chancellor by section 92 of the Courts Act 20031, sections 414 and 415 of the Insolvency Act 19862, section 42 of the Tribunals, Courts and Enforcement Act 20073, section 52 of the Constitutional Reform Act 20054 and section 54 of the Mental Capacity Act 20055 and on the Secretary of State by section 7(2) of the Gender Recognition Act 20046.
The Lord Chancellor has consulted in accordance with section 92(5) and (6) of the Courts Act 2003, section 42(5) of the Tribunals, Courts and Enforcement Act 2007, section 52(4) to (6) of the Constitutional Reform Act 2005 and section 54(3) of the Mental Capacity Act 2005.
In accordance with section 92(1) of the Courts Act 2003, sections 414(1) and 415(1) of the Insolvency Act 1986, section 42(6) of the Tribunals, Courts and Enforcement Act 2007 and section 54(1) of the Mental Capacity Act 2005, the Lord Chancellor has obtained the agreement, consent and sanction of the Treasury.
Citation and commencement1
This Order may be cited as the Courts and Tribunals Fee Remissions Order 2013 and shall come into force on 7th October 2013.
Amendments2
For Schedule 2 of—
a
the Family Proceedings Fees Order 20087; and
b
the Magistrates’ Courts Fees Order 20088;
substitute the Schedule to this Order, numbered as Schedule 2.
Amendments to the Non-Contentious Probate Fees Order 20043
1
The Non-Contentious Probate Fees Order 2004 9 is amended as follows.
2
For Schedule 1A (remissions and part remissions), substitute the Schedule to this Order, numbered as Schedule 1A.
3
Omit article 5.
Amendments to the Gender Recognition (Application Fees) Order 20064
1
The Gender Recognition (Application Fees) Order 200610 is amended as follows.
2
In article 1 (citation, commencement and interpretation), omit paragraph (4).
3
For article 2 (application fees), substitute—
Application fees2
Subject to article 3, the fee payable under section 7(2) in relation to an application is £140.
4
For article 3 (circumstances in which no fee is payable), substitute—
Circumstances in which no fee is payable3
No fee is payable in relation to an application if—
a
an application is made under section 1(1) and an interim gender recognition certificate was previously issued to the applicant; or
b
the application is made under section 5(2), 5A(2) or 6(1).
5
After article 3 (circumstances in which no fee is payable), insert—
Remissions and part remissions3A
The Schedule applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of the fee prescribed in article 2.
6
Omit articles 4 (definition of relevant income) and 5 (definition of qualifying benefit).
7
Insert the Schedule to this Order.
Amendments to the Court of Protection Fees Order 20075
1
The Court of Protection Fees Order 200711 is amended as follows.
2
In article 3 (schedule of fees), for “the Schedule”, substitute “Schedule 1”.
3
For article 8 (exemptions), substitute—
Remissions and part remissions8
Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
4
Omit article 9 (reductions and remissions in exceptional circumstances).
5
Number the Schedule (fees to be taken) as Schedule 1.
6
After Schedule 1 (fees to be taken) as numbered by this Order, insert the Schedule to this Order, numbered as Schedule 2.
7
For paragraph 14 (income and resources treated as the party’s income and resources) of Schedule 2 so inserted, substitute—
Resources and income treated as the party’s resources and income14
1
Subject to sub-paragraphs (2) to (5), the disposable capital and gross monthly income of a partner is to be treated as disposable capital and gross monthly income of the party.
2
Where the partner of the party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner is not treated as the disposable capital and gross monthly income of the party.
3
Where proceedings are brought concerning the property and affairs of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule—
a
the disposable capital and gross monthly income of the person bringing those proceedings is not treated as the disposable capital and gross monthly income of the party;
b
the disposable capital and gross monthly income of ‘P’ is to be treated as the disposable capital of the party; and
c
the disposable capital and gross monthly income of the partner of ‘P’, if any, is not treated as the disposable capital and gross monthly income of the party.
4
Where proceedings are brought concerning the personal welfare of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule, the disposable capital and gross monthly income of a partner, if any, is not treated as the disposable capital and gross monthly income of the party, where that partner is ‘P’ who is the subject of those proceedings in which the fee is payable.
5
Where proceedings concern both the property and affairs of ‘P’ and their personal welfare, their disposable capital and gross monthly income shall be treated in accordance with sub-paragraph (3).
8
At the end of sub-paragraph 16(3) of Schedule 2 so inserted, for “paying the fee”, substitute “the date of the order of the court which finally disposed of the proceedings”.
Amendments to the Civil Proceedings Fees Order 20086
1
The Civil Proceedings Fees Order 200812 is amended as follows.
2
For article 5 (remissions and part remissions), substitute—
Remissions and part remissions5
1
Subject to paragraph (2), Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
2
Schedule 2 does not apply to—
a
fee 1.3 (fee payable on starting proceedings to recover a sum of money brought by Money Claim OnLine users); or
b
fee 8.8 (fee payable on a consolidated attached of earnings order or an administration order).
3
In Schedule 1, after the description for fee 1.9(a), insert—
1.9(aa) On a request to reconsider at a hearing a decision on permission.
£215
Where fee 1.9(aa) has been paid and permission is granted at a hearing, fee 1.9(b) is not payable.
4
For Schedule 2 (remissions and part remissions), substitute the Schedule to this Order, numbered as Schedule 2.
Amendments to the Supreme Court Fees Order 20097
1
The Supreme Court Fees Order 200913 is amended as follows.
2
For Schedule 2 (remissions and part remissions), substitute the Schedule to this Order, numbered as Schedule 2.
3
In paragraphs 16 (remission in exceptional circumstances) and 17 (refunds) of Schedule 2 so inserted, for “Lord Chancellor”, in each place, substitute “Chief Executive of the Supreme Court”.
4
For paragraph 18 (legal aid) of Schedule 2 so inserted, substitute—
18
A party is not entitled to a remission of a fee if, for the purpose of the proceedings to which the fee relates—
a
they are in receipt of the following services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 201214:
i
Legal representation; or
ii
Family help (higher);
b
they are in receipt of legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 198115; or
c
they are living in Scotland and are in receipt of legal aid.
5
At the end of Schedule 2 so inserted, add—
Remission for charitable or not-for-profit organisations21
Where an application for permission to intervene in an appeal is filed by a charitable or not-for-profit organisation which seeks to make submissions in the public interest, the Chief Executive of the Supreme Court may reduce or remit the fee in that case.
Amendments to the Upper Tribunal (Lands Chamber) Fees Order 20098
1
The Upper Tribunal (Lands Chamber) Fees Order 200916 is amended as follows.
2
In article 4 (fees payable), for “the Schedule”, substitute “Schedule 1”.
3
Omit article 7 and the heading to that article.
4
After article 7, insert—
Remissions and part remissions7A
Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
5
Omit article 8.
6
Number the Schedule (fees to be taken in the Lands Chamber of the Upper Tribunal) as Schedule 1.
7
After Schedule 1 (fees to be taken in the Lands Chamber of the Upper Tribunal) as numbered by this Order, insert the Schedule to this Order, numbered as Schedule 2.
Amendments to the First-tier Tribunal (Gambling) Fees Order 20109
1
The First-tier Tribunal (Gambling) Fees Order 201017 is amended as follows.
2
In article 2(1) and 2(2) (fees for bringing an appeal under the Gambling Act 200518), for “Schedule”, substitute “Schedule 1”.
3
For article 3 (exemption from fees), substitute—
Remissions and part remissions3
Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
4
Omit articles 4 (reduction and remission of fees) and 5 (refunds).
5
Number the Schedule (fees to be taken) as Schedule 1.
6
After Schedule 1 (fees to be taken) as numbered by this order, insert the Schedule to this Order, numbered as Schedule 2.
Amendments to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 201110
1
The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 201119 is amended as follows.
2
In Schedule 1 (fees to be taken in fresh claim proceedings), after 1.1, insert—
1.1(a) On a request to reconsider at a hearing a decision on permission.
£215
Where fee 1.1(a) has been paid and permission is granted at a hearing, fee 1.2 is not payable.
3
For Schedule 2 (remissions), substitute the Schedule to this Order, numbered as Schedule 2.
Amendments to the First-tier Tribunal (Property Chamber) Fees Order 201311
1
The First-tier Tribunal (Property Chamber) Fees Order 201320 is amended as follows.
2
For Schedule 2 (remissions), substitute the Schedule to this Order, numbered as Schedule 2.
3
At the end of Schedule 2 so inserted, add—
Apportionment of liability for fees in cases involving more than one person as the party21
Where more than one person is the party and at least one of those persons is granted a remission in accordance with this Schedule—
a
subject to sub-paragraph (b), the fee shall be payable in equal proportions by those remaining persons who have not been granted a remission;
b
no person shall be liable to pay an amount that is more than the amount which they would have paid if they alone were the party.
Amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 201312
1
The Employment Tribunals and the Employment Appeal Tribunal Fees Order 201321 is amended as follows.
2
For Schedule 3 (remissions and part remissions), substitute the Schedule of this Order, numbered as Schedule 3.
3
In sub-paragraph 15(4) of Schedule 3 so inserted, after the words “notified in writing to the party”, insert “, or the fee group (as the case may be).”.
Transitional provisions13
1
The Orders amended by articles 2 to 12 of this Order and in force immediately before 7th October 2013, continue to apply as if this Order had not been made in respect of—
a
a fee paid before 7th October 2013; or
b
an application for remission received before 7th October 2013;
2
The amendments made by paragraphs 6(3) and 10(2) of this Order apply only to applications for judicial review issued on or after 7th October 2013.
Signed by the authority of the Lord Chancellor and Secretary of State
We agree and consent
SCHEDULERemissions and Part Remissions
Interpretation1
1
In this Schedule—
“child” means a person—
- a
whose main residence is with a party and who is aged—
- i
under 16 years; or
- ii
16 to 19 years; and is—
- aa
not married or in a civil partnership; and
- bb
enrolled or accepted in full-time education that is not advanced education, or approved training; or
- aa
- i
- b
in respect of whom a party or their partner pays child support maintenance or periodic payments in accordance with a maintenance agreement,
and “full-time education”, “advanced education” and “approved training” have the meaning given by the Child Benefit (General) Regulations 200622;
- a
“child support maintenance” has the meaning given in section 3(6) of the Child Support Act 199123;
“couple” has the meaning given in section 3(5A) of the Tax Credits Act 200224;
“disposable capital” has the meaning given in paragraph 5;
“excluded benefits” means any of the following—
- a
any of the following benefits payable under the Social Security Contributions and Benefits Act 199225 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 199226—
- i
attendance allowance under section 64;
- ii
severe disablement allowance;
- iii
carer’s allowance;
- iv
disability living allowance;
- v
constant attendance allowance under section 104 as an increase to a disablement pension;
- vi
any payment made out of the social fund;
- vii
housing benefit;
- viii
widowed parents allowance;
- i
- b
any of the following benefit payable under the Tax Credits Act 2002—
- i
any disabled child element or severely disabled child element of the child tax credit;
- ii
any childcare element of the child tax credit;
- i
- c
any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 200927, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 201128, the Carers and Direct Payments Act (Northern Ireland) 200229, or section 12B(1) of the Social Work (Scotland) Act 196830;
- d
a back to work bonus payable under section 26 of the Jobseekers Act 199531, or article 28 of the Jobseekers (Northern Ireland) Order 199532;
- e
any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 198333;
- f
any payments from the Industrial Injuries Disablement Benefit;
- g
any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 200634;
- h
any payment made from the Independent Living Funds;
- i
any payment made from the Bereavement Allowance;
- j
any financial support paid under an agreement for the care of a foster child;
- k
any housing credit element of pension credit;
- l
any armed forces independence payment;
- m
any personal independence payment payable under the Welfare Reform Act 201235;
- n
any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 201336;
- o
any of the following amounts, as defined by the Universal Credit Regulations 201337, that make up an award of universal credit—
- i
an additional amount to the child element in respect of a disabled child;
- ii
a housing costs element;
- iii
a childcare costs element;
- iv
a carer element;
- v
a limited capability for work or limited capacity for work and work -related activity element.
- i
- a
“family help (higher)” has the meaning given in paragraph 15(3) of the Civil Legal Aid (Merits Criteria) Regulations 201338;
“family help (lower)” has the meaning given in paragraph 15(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;
“gross monthly income” has the meaning given in paragraph 13;
“Independent Living Funds” means the funds listed at regulation 20(2)(b) of the Criminal Legal Aid (Financial Resources) Regulations 201339;
“legal representation” has the meaning given in paragraph 18(2) of the Civil Legal Aid (Merits Criteria) Regulations 2013;
“maintenance agreement” has the meaning given in subsection 9(1) of the Child Support Act 1991;
“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;
“party” means the individual who would, but for this Schedule, be liable to pay a fee under this Order;
“restraint order” means—
- a
an order under section 42(1A) of the Senior Courts Act 198140;
- b
an order under section 33 of the Employment Tribunals Act 199641;
- c
a civil restraint order made under rule 3.11 of the Civil Procedure Rules 199842, or a practice direction made under that rule; or
- d
a civil restraint order under rule 4.8 of the Family Procedure Rules 201043, or the practice direction referred to in that rule.
- a
2
References to remission of a fee are to be read as including references to a part remission of a fee as appropriate and remit and remitted shall be construed accordingly.
Fee remission2
If a party satisfies the disposable capital test, the amount of any fee remission is calculated by applying the gross monthly income test.
Disposable capital test
Disposable capital test
3
1
Subject to paragraph 4, a party satisfies the disposable capital test if—
a
the fee payable by the party and for which an application for remission is made, falls within a fee band set out in column 1 of Table 1; and
b
the party’s disposable capital is less than the amount in the corresponding row of column 2.
Column 1 (fee band) | Column 2 (disposable capital) |
|---|---|
Up to and including £1,000 | £3,000 |
£1,001 to £1,335 | £4,000 |
£1,336 to £1,665 | £5,000 |
£1,666 to £2,000 | £6,000 |
£2,001 to £2,330 | £7,000 |
£2,331 to £4,000 | £8,000 |
£4,001 to £5,000 | £10,000 |
£5,001 to £6,000 | £12,000 |
£6,001 to £7,000 | £14,000 |
£7,001 or more | £16,000 |
4
Subject to paragraph 14, if a party or their partner is aged 61 or over, that party satisfies the disposable capital test if that party’s disposable capital is less than £16,000.
Disposable capital5
Subject to paragraph 14, disposable capital is the value of every resource of a capital nature belonging to the party on the date on which the application for remission is made, unless it is treated as income by this Order, or it is disregarded as excluded disposable capital.
Disposable capital - non-money resources6
The value of a resource of a capital nature that does not consist of money is calculated as the amount which that resource would realise if sold, less—
a
10% of the sale value; and
b
the amount of any borrowing secured against that resource that would be repayable on sale.
Disposable capital - resources held outside the United Kingdom7
1
Capital resources in a country outside the United Kingdom count towards disposable capital.
2
If there is no prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount which that resource would realise if sold in that country, in accordance with paragraph 6.
3
If there is a prohibition in that country against the transfer of a resource into the United Kingdom, the value of that resource is the amount that resource would realise if sold to a buyer in the United Kingdom.
Disposable capital - foreign currency resources8
Where disposable capital is held in currency other than sterling, the cost of any banking charge or commission that would be payable if that amount were converted into sterling, is deducted from its value.
Disposable capital - jointly owned resources9
Where any resource of a capital nature is owned jointly or in common, there is a presumption that the resource is owned in equal shares, unless evidence to the contrary is produced.
Excluded disposable capital10
The following things are excluded disposable capital—
a
a property which is the main or only dwelling occupied by the party;
b
the household furniture and effects of the main or only dwelling occupied by the party;
c
articles of personal clothing;
d
any vehicle, the sale of which would leave the party, or their partner, without motor transport;
e
tools and implements of trade, including vehicles used for business purposes;
f
the capital value of the party’s or their partner’s business, where the party or their partner is self-employed;
g
the capital value of any funds or other assets held in trust, where the party or their partner is a beneficiary without entitlement to advances of any trust capital;
h
a jobseeker’s back to work bonus;
i
a payment made as a result of a determination of unfair dismissal by a court or tribunal, or by way of settlement of a claim for unfair dismissal;
j
any compensation paid as a result of a determination of medical negligence or in respect of any personal injury by a court, or by way of settlement of a claim for medical negligence or personal injury;
k
the capital held in any personal or occupational pension scheme;
l
any cash value payable on surrender of a contract of insurance;
m
any capital payment made out of the Independent Living Funds;
n
any bereavement payment;
o
any capital insurance or endowment lump sum payments that have been paid as a result of illness, disability or death;
p
any student loan or student grant;
q
any payments under the criminal injuries compensation scheme.
Gross monthly income test
Remission of fees—gross monthly income11
1
If a party satisfies the disposable capital test, no fee is payable under this Order if, at the time when the fee would otherwise be payable, the party or their partner has the number of children specified in column 1 of Table 2 and—
a
if the party is single, their gross monthly income does not exceed the amount set out in the appropriate row of column 2; or
b
if the party is one of a couple, the gross monthly income of that couple does not exceed the amount set out in the appropriate row of column 3.
Column 1 Number of children of party | Column 2 Single | Column 3 Couple |
|---|---|---|
no children | £1,085 | £1,245 |
1 child | £1,330 | £1,490 |
2 children | £1,575 | £1,735 |
2
If a party or their partner has more than 2 children, the relevant amount of gross monthly income is the appropriate amount specified in Table 2 for 2 children, plus the sum of £245 for each additional child.
3
For every £10 of gross monthly income received above the appropriate amount in Table 2, including any additional amount added under sub-paragraph (2), the party must pay £5 towards the fee payable, up to the maximum amount of the fee payable.
4
This paragraph is subject to paragraph 12.
Gross monthly income cap12
1
No remission is available if a party or their partner has the number of children specified in column 1 of Table 3 and—
a
if the party is single, their gross monthly income exceeds the amount set out in the appropriate row of column 2 of Table 3; or
b
if the party is one of a couple, the gross monthly income of that couple exceeds the amount set out in the appropriate row of column 3 of Table 3.
Column 1 Number of children of party | Column 2 Single | Column 3 Couple |
|---|---|---|
no children | £5,085 | £5,245 |
1 child | £5,330 | £5,490 |
2 children | £5,575 | £5,735 |
2
If a party or their partner has more than 2 children, the relevant amount of gross monthly income is the appropriate amount specified in Table 3 for 2 children, plus the sum of £245 for each additional child.
Gross monthly income13
1
Subject to paragraph 14, gross monthly income means the total monthly income, for the month preceding that in which the application for remission is made, from all sources, other than receipt of any of the excluded benefits.
2
Income from a trade, business or gainful occupation other than an occupation at a wage or salary is calculated as—
a
the profits which have accrued or will accrue to the party; and
b
the drawings of the party;
in the month preceding that in which the application for remission is made.
3
In calculating profits under sub-paragraph (2)(a), all sums necessarily expended to earn those profits are deducted.
General
Resources and income treated as the party’s resources and income14
1
Subject to sub-paragraph (2), the disposable capital and gross monthly income of a partner of a party is to be treated as disposable capital and gross monthly income of the party.
2
Where the partner of a party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner, if any, is not treated as the disposable capital and gross monthly income of the party.
Application for remission of a fee15
1
An application for remission of a fee must be made at the time when the fee would otherwise be payable.
2
Where an application for remission of a fee is made, the party must—
a
indicate the fee to which the application relates;
b
declare the amount of their disposable capital; and
c
provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of paragraphs 11 and 12.
3
Where an application for remission of a fee is made on or before the date on which a fee is payable, the date for payment of the fee is disapplied.
4
Where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.
Remission in exceptional circumstances16
A fee specified in this Order may be remitted where the Lord Chancellor is satisfied that there are exceptional circumstances which justify doing so.
Refunds17
1
Subject to sub-paragraph (3), where a party pays a fee at a time when that party would have been entitled to a remission if they had provided the documentary evidence required by paragraph 15, the fee, or the amount by which the fee would have been reduced as the case may be, must be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.
2
Subject to sub-paragraph (3), where a fee has been paid at a time when the Lord Chancellor, if all the circumstances had been known, would have remitted the fee under paragraph 15, the fee or the amount by which the fee would have been reduced, as the case may be, must be refunded to the party.
3
No refund shall be made under this paragraph unless the party who paid the fee applies within 3 months of the date on which the fee was paid.
4
The Lord Chancellor may extend the period of 3 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for a refund being made after the end of the period of 3 months.
Legal Aid18
A party is not entitled to a fee remission if, under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 201244, they are in receipt of the following civil legal services —
a
Legal representation; or
b
Family help (higher); or
c
Family help (lower) in respect of applying for a consent order.
Vexatious litigants19
1
This paragraph applies where—
a
a restraint order is in force against a party; and
b
that party makes an application for permission to—
i
issue proceedings or take a step in proceedings as required by the restraint order;
ii
apply for amendment or discharge of the order; or
iii
appeal the order.
2
The fee prescribed by this Order for the application is payable in full.
3
If the party is granted permission, they are to be refunded the difference between—
a
the fee paid; and
b
the fee that would have been payable if this Schedule had been applied without reference to this paragraph.
Exceptions20
No remissions or refunds are available in respect of the fee payable for—
a
copy or duplicate documents;
b
searches.
(This note is not part of the Order)