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50.31.—(1) This rule applies where a party serves on the High Court officer a notice or application in respect of which a court fee is payable under legislation that requires the payment of such a fee.
(2) Such a party must pay the fee, or satisfy the conditions for any remission of the fee, when so serving the notice or application.
(3) If such a party fails to comply with paragraph (2), then unless the High Court otherwise directs—
(a)the High Court officer must serve on that party a notice requiring payment of the fee due, or satisfaction of the conditions for any remission of that fee, within a period specified in the notice;
(b)that party must comply with such a requirement; and
(c)until the expiry of the period specified in the notice, the High Court must not exercise its power—
(i)to reject the notice or application in respect of which the fee is payable, or
(ii)to dismiss an application for permission to appeal, in consequence of rejecting an appeal notice.
[Note. Section 92 of the Courts Act 2003(1) and the Civil Proceedings Fees Order 2008(2) require the payment of High Court fees in cases to which this Section of this Part applies. Article 5 and Schedule 2 to the 2008 Order provide for the remission of such fees in some cases.]
2003 c. 39; section 92 was amended by sections 15 and 59 of, and paragraphs 308 and 345 of Schedule 4 and paragraph 4 of Schedule 11 to, the Constitutional Reform Act 2005 (c. 4) and section 17 of, and paragraph 40 of Schedule 9 and paragraphs 83 and 95 of Schedule 10 to, the Crime and Courts Act 2013.
S. I. 2008/1053; amended by S.I. 2013/1410, 2013/2302, 2014/874.
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