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The Family Proceedings Fees (Amendment) Order 2022

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Family Proceedings Fees Order 2008 (S.I. 2008/1054) (“the Fees Order”). Articles 3(2), (3)(a), (8) and (9)(b) amend the Fees Order to reflect changes in terminology resulting from the Divorce, Dissolution and Separation Act 2020 (c. 11). Articles 3(3)(b), (4) and (9)(a) amend cross-references to the Family Procedure Rules 2010 (S.I. 2010/2955) (“the Rules”) in the Fees Order, so as to align with changes being made to the Rules by a separate statutory instrument (S.I. 2022/ 44) which comes into force on the same day as this Order. Articles 3(5), (6) and (7) amend fee 2.1(r) in Schedule 1 to the Fees Order in two ways: firstly, to replace it with an entry citing the up-to-date statutory references in the fee description and secondly to increase the fee in line with inflation.

In relation to articles 3(2), (3), (4), (8) and (9) there is no impact on the costs of business, the voluntary sector and the public sector.

In relation to articles 3(5), (6) and (7), the full impact assessment on the costs of business, the voluntary sector and the public sector that was carried out and published in relation to the Court Fees (Miscellaneous Amendments) Order 2021 (S.I. 2021/985) is applicable to this instrument. That impact assessment is available from the Ministry of Justice, 102 Petty France, London SW1H 9AJ and is published alongside S.I. 2021/985 on https://legislation.gov.uk.

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