The Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016
The Lord Chancellor has had regard to the matters referred to in section 92(3) of the 2003 Act and in section 180(3) of the 2014 Act.
The Lord Chancellor has consulted in accordance with section 92(5) and (6) of the 2003 Act and section 42(5) of the 2007 Act.
A draft of this Order has been laid before Parliament and approved by resolution of each House of Parliament in accordance with section 180(7) of the 2014 Act.
Citation and commencement1.
This Order may be cited as the Civil Proceedings, Family Proceedings and Upper Tribunal Fees (Amendment) Order 2016 and comes into force on the next Monday after the day on which the Order is made.
Amendments to the Civil Proceedings Fees Order 20082.
(a)
in column 2 (amount of fee), for the entry corresponding to fee 1.4(b) (starting proceedings for the recovery of land in the County Court) for “£280” substitute “£355”;
(b)
in column 2, for the entry corresponding to fee 1.4(c) (starting proceedings for the recovery of land using the Possession Claims Online website), for “£250” substitute “£325”;
(c)
“2.4(a) On an application on notice where no other fee is specified, except for applications referred to in fee 2.4(b).
£255
2.4(b) On an application on notice where no other fee is specified made—
(i) under section 3 of the Protection from Harassment Act 19975; or(ii) for a payment out of funds deposited in court.
£155
2.5(a) On an application by consent or without notice where no other fee is specified, except for applications referred to in fee 2.5(b).
£100
2.5(b) On an application made by consent or without notice where no other fee is specified made—
(i) under section 3 of the Protection from Harassment Act 1997; or
(ii) for a payment out of funds deposited in court.
£50”
(d)
in column 1 (number and description of fee) for the direction beginning “Fees 2.4 and 2.5 are not payable” substitute “Fees 2.4(a) and 2.5(b) are not payable in proceedings to which fees 3.11 and 3.12 apply.”
Amendment to the Family Proceedings Fees Order 20083.
Amendments to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 20114.
(a)
for the entry corresponding to fee 2.1 (application on notice where no other fee is specified) for “£80” substitute “£255”;
(b)
for the entry corresponding to fee 2.2 (application by consent or without notice where no other fee is specified) for “£45” substitute “£100”;
(c)
for the entry corresponding to fee 2.3 (application for a summons or order for a witness to attend the Tribunal) for “£40” substitute “£50”;
(d)
for the entry corresponding to fee 3.1(a) (request for a copy of a document of 10 pages or less) for “£5” substitute “£10”.
(e)
for the entry corresponding to fee 3.2 (request for a copy of a document in electronic form) for “£5” substitute “£10”.
We consent
This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053) (“the Civil Proceedings Fees Order”), the Family Proceedings Fees Order 2008 (S.I. 2008/1054) (“the Family Proceedings Fees Order”) and the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 (“the Upper Tribunal Fees Order”) (S.I. 2011/2344)
The fee for starting proceedings for the recovery of land in the County Court (fee 1.4(b) of the Civil Proceedings Fees Order) is increased from £280 to £355. The fee for starting proceedings for the recovery of land in the County Court by using the Possession Claims Online website (fee 1.4(c) of the Civil Proceedings Fees Order) is increased from £250 to £325.
The fee for certain general applications made on notice to the other side, which applies where no other fee in the Fees Order applies (fee 2.4 of the Civil Proceedings Fees Order), is increased from £155 to £255. The increase does not apply in relation to applications in proceedings under section 3 of the Protection from Harassment Act 1997 (c. 40) or for a payment to be made out of funds deposited in court, for which the general application fee remains unaltered at £155.
The fee for certain general applications made either by consent or without notice to the other parties, which applies where no other fee in the Fees Order applies (fee 2.5 of the Civil Proceedings Fees Order), is increased to £100. The increase does not apply in relation to applications in proceedings under section 3 of the Protection from Harassment Act 1997 or for a payment out of funds deposited in court, for which the fee remains unaltered at £50.
The fee for applying for a decree of divorce or nullity under the Matrimonial Causes Act 1973 or to dissolve, or for nullity of, a civil partnership (fee 1.2 of the Family Proceedings Fees Order) is increased from £410 to £550.
The fee for general applications made on notice to the other side where no other fee in the Upper Tribunal Fees Order is specified is increased from £80 to £255 (fee 2.1 in the Order). The fee for general applications made either by consent or without notice to the other parties where no other fee in the Upper Tribunal Fees Order applies is increased from £45 to £100. Fees for copy documents are also increased from £5 to £10.
A full impact assessment accompanies this instrument (copies are also available on the Ministry of Justice’s website at https://consult.justice.gov.uk/digital-communications/further-fees-proposal-consultation/supporting_documents/governmentresponseimpactassessment.pdf)