The Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018

Statutory Instruments

2018 No. 812

Senior Courts Of England And Wales

County Courts, England And Wales

Magistrates’ Courts, England And Wales

Mental Capacity, England And Wales

The Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018

Made

3rd July 2018

Laid before Parliament

4th July 2018

Coming into force in accordance with article 1

The Lord Chancellor, with the consent and sanction of the Treasury, makes the following Order in exercise of the powers conferred by section 92(1) and (2) of the Courts Act 2003 (“the 2003 Act”)(1), section 54(1) and (2) of the Mental Capacity Act 2005 (the “2005 Act”)(2) and sections 414(1), (2) and (8) and 415(1) of the Insolvency Act 1986(3).

The Lord Chancellor has had regard to the matters referred to in section 92(3) of the 2003 Act.

In accordance with section 92(5) and (6) of the 2003 Act and section 54(3) of the 2005 Act the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice, the Civil Justice Council, the President of the Court of Protection and the Senior Judge of the Court of Protection.

(1)

2003 c. 39. Section 92 was amended by paragraph 345 of Schedule 4 and paragraph 4 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) and by paragraph 40(a) of Schedule 9 and paragraph 95 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

(2)

2005 c. 9.

(3)

1986 c. 45. Section 414(8) was amended by S.I. 2007/2194. Section 415(1) was amended by paragraph 9(2) and (3) of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and by paragraph 59(2)(a) and (b) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c. 24).