2014 No. 590 (L. 6)
Betting, Gaming And Lotteries
County Courts, England And Wales
Family Proceedings, England And Wales
Gender Recognition
Magistrates’ Courts, England And Wales
Mental Capacity, England And Wales
Senior Courts Of England And Wales
Supreme Court Of The United Kingdom
Tribunals And Inquiries

The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014

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, sections 42 and 49(3) 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 Fees (Miscellaneous Amendments) Order 2014 and shall come into force on 6th April 2014.

Amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 20132.

(1)

The Employment Tribunals and the Employment Appeal Tribunal Fees Order 20137 is amended as follows

(2)

In article 12 (fee group – failure to pay fee) for “struck out” substitute “dismissed”.

(3)

For Table 2 (type A claims) in Schedule 2 (employment tribunals - issue and hearing fee) substitute the table in the Schedule to this Order.

(4)

In paragraph 1(1) of Schedule 3 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 19928 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 19929—
  1. (i)

    attendance allowance under section 64;

  2. (ii)

    severe disablement allowance;

  3. (iii)

    carer’s allowance;

  4. (iv)

    disability living allowance;

  5. (v)

    constant attendance allowance under section 104 as an increase to a disablement pension;

  6. (vi)

    any payment made out of the social fund;

  7. (vii)

    housing benefit;

  8. (viii)

    widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 200210—
  1. (i)

    any disabled child element or severely disabled child element of the child tax credit;

  2. (ii)

    any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 200911, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 201112, the Carers and Direct Payments Act (Northern Ireland) 200213, or section 12B(1) of the Social Work (Scotland) Act 196814;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 199515, or article 28 of the Jobseekers (Northern Ireland) Order 199516;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 198317;

(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 200618;

(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 201219;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 201320;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 201321, that make up an award of universal credit—
  1. (i)

    an additional amount to the child element in respect of a disabled child;

  2. (ii)

    a housing costs element;

  3. (iii)

    a childcare costs element;

  4. (iv)

    a carer element;

  5. (v)

    a limited capability for work or limited capacity for work and work -related activity element.”.

Amendments to the Court of Protection Fees Order 20073.

(1)

The Court of Protection Fees Order 200722 is amended as follows.

(2)

In paragraph 1(1) of Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

  1. (i)

    attendance allowance under section 64;

  2. (ii)

    severe disablement allowance;

  3. (iii)

    carer’s allowance;

  4. (iv)

    disability living allowance;

  5. (v)

    constant attendance allowance under section 104 as an increase to a disablement pension;

  6. (vi)

    any payment made out of the social fund;

  7. (vii)

    housing benefit;

  8. (viii)

    widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

  1. (i)

    any disabled child element or severely disabled child element of the child tax credit;

  2. (ii)

    any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(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 2006;

(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 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

  1. (i)

    an additional amount to the child element in respect of a disabled child;

  2. (ii)

    a housing costs element;

  3. (iii)

    a childcare costs element;

  4. (iv)

    a carer element;

  5. (v)

    a limited capability for work or limited capacity for work and work -related activity element.”.

(3)

In paragraph 17(3) of Schedule 2 (remissions and part remissions) for “on which the fee was paid” substitute “of the order of the court which finally disposed of the proceedings”.

Amendments to the Civil Proceedings Fees Order 20084.

(1)

The Civil Proceedings Fees Order 200823 is amended as follows.

(2)

In Schedule 1 (fees to be taken) in the entries 7.1, 8.1 and 8.10 for “execution” substitute “control”;

(3)

In Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

  1. (i)

    attendance allowance under section 64;

  2. (ii)

    severe disablement allowance;

  3. (iii)

    carer’s allowance;

  4. (iv)

    disability living allowance;

  5. (v)

    constant attendance allowance under section 104 as an increase to a disablement pension;

  6. (vi)

    any payment made out of the social fund;

  7. (vii)

    housing benefit;

  8. (viii)

    widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

  1. (i)

    any disabled child element or severely disabled child element of the child tax credit;

  2. (ii)

    any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(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 2006;

(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 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

  1. (i)

    an additional amount to the child element in respect of a disabled child;

  2. (ii)

    a housing costs element;

  3. (iii)

    a childcare costs element;

  4. (iv)

    a carer element;

  5. (v)

    a limited capability for work or limited capacity for work and work -related activity element.”.

Amendments to the Family Proceedings Fees Order 20085.

(1)

The Family Proceedings Fees Order 200824 is amended as follows.

(2)

In Schedule 1 (fees to be taken)—

(a)

in the entry 11.1(b) for “an interpleader summons under an execution” substitute “a claim to controlled, executed or exempt goods”;

(b)

in the entries 12.1 and 14.1 for “execution” substitute “control”.

(3)

In Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

  1. (i)

    attendance allowance under section 64;

  2. (ii)

    severe disablement allowance;

  3. (iii)

    carer’s allowance;

  4. (iv)

    disability living allowance;

  5. (v)

    constant attendance allowance under section 104 as an increase to a disablement pension;

  6. (vi)

    any payment made out of the social fund;

  7. (vii)

    housing benefit;

  8. (viii)

    widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

  1. (i)

    any disabled child element or severely disabled child element of the child tax credit;

  2. (ii)

    any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(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 2006;

(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 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

  1. (i)

    an additional amount to the child element in respect of a disabled child;

  2. (ii)

    a housing costs element;

  3. (iii)

    a childcare costs element;

  4. (iv)

    a carer element;

  5. (v)

    a limited capability for work or limited capacity for work and work -related activity element.”.

Amendments to fee remissions6.

(1)

Schedule 1A (remissions and part remissions) to the Non-Contentious Probate Fees Order 200425, the Schedule (remissions and part remissions) to the Gender Recognition (Application Fees) Order 200626 and Schedule 2 (remissions and part remissions) of—

(a)

the Magistrates’ Courts Fees Order 200827,

(b)

the Supreme Court Fees Order 200928,

(c)

the Upper Tribunal (Lands Chamber) Fees Order 200929

(d)

the First-tier Tribunal (Gambling) Fees Order 201030,

(e)

the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 201131, and

(f)

the First-tier Tribunal (Property Chamber) Fees Order 201332,

are amended as follows.

(2)

In paragraph 1(1) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

  1. (i)

    attendance allowance under section 64;

  2. (ii)

    severe disablement allowance;

  3. (iii)

    carer’s allowance;

  4. (iv)

    disability living allowance;

  5. (v)

    constant attendance allowance under section 104 as an increase to a disablement pension;

  6. (vi)

    any payment made out of the social fund;

  7. (vii)

    housing benefit;

  8. (viii)

    widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

  1. (i)

    any disabled child element or severely disabled child element of the child tax credit;

  2. (ii)

    any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(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 2006;

(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 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

  1. (i)

    an additional amount to the child element in respect of a disabled child;

  2. (ii)

    a housing costs element;

  3. (iii)

    a childcare costs element;

  4. (iv)

    a carer element;

  5. (v)

    a limited capability for work or limited capacity for work and work -related activity element.”.

Transitional provision7.

The amendments made by this Order to Table 2 in Schedule 2 (employment tribunals - issue and hearing fee) to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, have no effect in relation to the issue fee or the hearing fee payable in any claim where the claim form was presented before the 6th April 2014.

Signed by the authority of the Lord Chancellor and Secretary of State

Shailesh Vara
Parliamentary Under Secretary of State
Ministry of Justice

We agree and consent

Mark Lancaster
Stephen Crabb
Two of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULE 1

Article 2

“Table 2 - Type A claims

Col 1

Row

Column 2

Description of claim

Column 3

Provision identifying the rights of the claimant

Column 4

Provision conferring jurisdiction on tribunal

1.

Application by the Secretary of State to prohibit a person from running an Employment Agency

Section 3A EAA33

Section 3A EAA

2.

Application by a person subject to a prohibition order to vary or set it aside

Section 3C EAA

Section 3C EAA

3.

Appeal against improvement or prohibition notice

Section 24 HSWA34

Section 24 HSWA

4.

Appeal against assessment of training levy

Section 12 ITA35

Section 12 ITA

5.

Complaint of deduction of unauthorised subscriptions

Section 68 TULR(C)A36
Section 68A TULR(C)A37

6.

Complaint relating to failure to deduct or refuse to deduct an amount to a political fund

Section 86 TULR(C)A

Section 87 TULR(C)A38

7.

Complaint that an employer has failed to permit time off for carrying out trade union duties

Section 168 TULR(C)A39

Section 168 TULR(C)A

8.

Complaint that an employer has failed to permit time off for union learning representatives

Section 168A TULR(C)A40

Section 168A TULR(C)A

9.

Complaint that an employer has failed to pay for time off for union learning representatives

Section 169 TULR(C)A41

Section 169 TULR(C)A

10.

Complaint that an employer has failed to permit time off for trade union activities

Section 170 TULR(C)A42

Section 170 TULR(C)A

11.

Complaint that employer has failed, wholly or in part, to pay remuneration under a protective award

Section 190 TULR(C)A43
Section 192 TULR(C)A44

12.

Complaint that the Secretary of State has not paid, or has paid less than, the amount of relevant contributions which should have been paid into a pension scheme

Section 124 PSA45

Section 126 PSA

13.

Breach of contract, except where the employer’s contract claim is made by way of application as part of the employer’s response to the employee’s contract claim (as to which, see instead article 4 and Schedule 1 to this Order)

Section 3 ETA46;

Articles 3 and 4 of each of the EJOs

14.

Reference to determine what particulars ought to be included in a statement of employment particulars or changes to particulars

Sections 1 and 4 ERA

Section 11 ERA47

15.

Reference to determine what particulars ought to be included in an itemised pay statement

Section 8 ERA

Section 11 ERA

16.

Complaint of unauthorised deductions from wages

Section 13 ERA

Section 23 ERA48

17.

Complaint that employer has received unauthorised payments

Section 15 ERA

Section 23 ERA

18.

Complaint that employer has failed to pay guaranteed payment

Section 28 ERA

Section 34 ERA49

19.

Complaint that employer has failed to permit time off for public duties

Section 50 ERA50
Section 51 ERA51

20.

Complaint that employer has refused to permit, or has failed to pay for, time off to look for work or arrange training

Sections 52 and 53 ERA

Section 54 ERA52

21.

Complaint that employer has refused to allow, or has failed to pay for, time off for ante-natal care

Sections 5553, 56, 57ZA and 57ZB54ERA
Sections 5755 and 57ZC56ERA

22.

Complaint that employer has refused to allow time off for dependants

Section 57A ERA57
Section 57B ERA58

23.

Complaint that employer has failed to allow, or to pay for, time off for trustee of pension scheme

Sections 5859 and 59 ERA
Section 60 ERA60

24.

Complaint that employer has failed to allow, or to pay for, time off for employee representative

Sections 6161 and 62 ERA
Section 63 ERA62

25.

Complaint that employer has failed to allow, or to pay for, time off for young people in Wales and Scotland

Sections 63A63 and 63B64ERA
Section 63C ERA65

26.

Complaint that employer has failed to pay for time off on medical or maternity grounds

Sections 6466, 6867 and 68C68ERA
Sections 7069 and 70A70ERA

27.

Complaint that employer has failed to deal with an application in relation to study or training in accordance with regulations or refused the application on the basis of incorrect facts

Sections 63D to 63H ERA71
Section 63I ERA72

28.

Complaint that employer has unreasonably failed to provide a written statement of reasons for dismissal or the particulars are inadequate or untrue

Section 92 ERA73
Section 93 ERA74

29.

Reference in respect of a right to redundancy payment

Section 135 ERA

Sections 16375 and 17776ERA

30.

Reference related to payment out of National Insurance Fund

Section 166 ERA77

Section 170 ERA

31.

References related to payments equivalent to redundancy payments

Sections 167, 168 and 177 ERA

Section 177 ERA

32.

Complaint that the Secretary of State has failed to make any, or insufficient, payment out of the National Insurance Fund

Section 182 ERA

Section 188 ERA78

33.

Appeal against a notice of underpayment

Section 19C NMWA79

Section 19C NMWA

34.

Appeal against a notice issued by the Commission for Equality and Human Rights where the notice relates to an unlawful act

Section 21 EA 200680

Section 21 EA 2006

35.

Complaint that prospective employer made enquiries about disability or health

Section 60 EA 2010

Section 120 EA 2010

36.

Application in relation to the effect of a non-discrimination rule in an occupational pension scheme

Section 61 EA 2010

Section 120 EA 2010

37.

Complaint in relation to a breach of a maternity equality clause

Section 73 EA 2010

Section 127 EA 2010

38.

Complaint in relation to a breach of, or application in relation to the effect of, a maternity equality rule in an occupational pension scheme

Section 75 EA 2010

Section 127 EA 2010

39.

Complaint in relation to terms prohibiting discussions about pay

Section 77 EA 2010

Section 120 EA 2010

40.

Complaint that a term in a collective agreement is void or unenforceable

Section 145 EA 2010

Section 146 EA 2010

41.

Appeal of decision of compensating authority

Regulation 42 CEC

Regulation 42 CEC

42.

Complaint that employer has failed to pay for remunerated time off for safety representative

Regulation 4(2) of, and Schedule 2 to, the SRSC

Regulation 11 SRSC

43.

Reference that there has been a failure to consult with employee representatives about contracting out of pension scheme

Regulation 4 OPS(CO)R and regulation 9 of OPS(DI)R

Regulation 4 OPS(CO)R and regulation 9 of OPS(DI)R

44.

Complaint that employer has failed to pay for time off to carry out Safety Representative duties or undertake training

Regulation 7 of, and Schedule 1 to, the HSCE

Schedule 2 to the HSCE

45.

Complaint that employer has refused to allow annual leave or make payment in respect of annual leave

Regulations 13, 13A, 14 and 16 WTR

Regulation 30 WTR

46.

Appeal against improvement or prohibition notice

Paragraph 6 of Schedule 3 to WTR

Paragraph 6 of Schedule 3 to WTR

47.

Appeal against improvement or prohibition notice

Regulation 18 COMAH

Regulation 18 COMAH

48.

Complaint in relation to refusal of annual leave or to make payment

Regulation 11 MSR

Regulation 18 MSR

49.

Complaint in relation to refusal to provide paid annual leave

Regulation 4 CAR

Regulation 18 CAR

50.

Complaint in relation to failure to provide free health assessments

Regulation 5 CAR

Regulation 18 CAR

51.

Complaint in relation to refusal of annual leave or to make payment

Regulation 11 FVR

Regulation 19 FVR

52.

Complaint that employer has refused to allow or failed to pay for time off for information and consultation or negotiating representatives

Regulations 27 and 28 ICR

Regulation 29 ICR

53.

Appeal against improvement notice

Paragraph 6(2) of Schedule 2 to the RTR

Paragraph 6(2) of Schedule 2 to the RTR

54.

Complaint in relation to failure to pay compensation in pursuance of tribunal order

Regulation 15(7) and 15(8) TUPE

Regulation 15(10) TUPE

55.

Complaint that employer has failed to allow, or pay for, time off for functions as employee representative

Paragraphs 2 and 3 of the Schedule to OPR

Paragraph 4 of the Schedule to OPR

56

Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body

Regulations 28 and 29 ECSR

Regulation 30 ECSR

57.

Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body

Regulations 43 and 44 CCBR

Regulation 45 CCBR

58.

Appeal against notice from Health and Safety Executive or a local authority

Regulation 21 and Part 2 of Schedule 8 to REACHER

Regulation 21 and Part 2 of Schedule 8 to REACHER

59.

Reference to determine what particulars ought to be included in an itemised statement of stipend

Regulation 6 EOR

Regulation 9 EOR

60.

Reference to determine what particulars ought to be included in a statement of particulars or changes to particulars

Regulations 3 and 6 EOR

Regulation 9 EOR

61.

Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body

Regulations 26 and 27 ELLR

Regulation 28 ELLR”

EXPLANATORY NOTE
(This note is not part of the Order)

This order amends several fees orders.

Employment Tribunals and Employment Appeals Tribunal Fees Order 2013 (SI 2013/1893)

This order replaces the words “struck out” with the more appropriate term “dismissed”.

It also applies the higher Type B application fee and hearing fee to the following:

  • a complaint in relation to a breach of a sex equality clause under section 66 of the Equality Act 2010 (c.15),

  • a complaint in relation to a breach of, or application in relation to the effect of, a sex equality rule in an occupational pension scheme under section 67 of the Equality Act 2010,

  • a complaint in relation to failure of an employer to inform or consult under regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246),

  • a complaint that an employer has refused to allow compensation, payment or compensatory rest under regulations 24, 24A, 27 and 27A of the Working Time Regulations 1998 (SI 1998/1833), and

  • a complaint that an employer has failed to allow time off for studies or training or if a refusal is based on incorrect facts under sections 63D to 63I of the Employment Rights Act 1996 (c.18).

It also substitutes a new table of Type A claims in Schedule 2.

Court of Protection Fees Order 2007 (SI 2007/1745)

This order amends Schedule 2 to extend the period for application of a fee refund.

Civil Proceedings Fees Order 2008 (SI 2008/1053) and the Family Proceedings Fees Order 2008 (SI 2008/1054)

This order changes the terminology used in relation to enforcement fees to bring it into line with the provisions on taking control of goods under section 62 of, and Schedule 12 to, the Tribunals Courts and Enforcement Act 2007 (c. 15).

This order also amends each statutory instrument amended by the Courts and Tribunals Fee Remissions Order 2013 (SI 2013/2032) to correct the numbering in the definition of “excluded benefits” in the schedule dealing with remissions and in that definition, corrects the reference to “any childcare element of the child tax credit” to “any childcare element of the working tax credit”.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen, except where amendments are made to align fees with what was originally intended when fees were introduced in Employment tribunals and the Employment Appeals Tribunal. A full regulatory impact assessment of the effect of those fees is available alongside the Employment Tribunals and Employment Appeals Tribunal Fees Order 2013 on the OPSI website.