This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
(This note is not part of the Order)
This Order amends the Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120), the Gender Recognition (Application Fees) Order 2006 (S.I. 2006/758), the Court of Protection Fees Order 2007 (S.I. 2007/1745), the Magistrates’ Courts Fees Order 2008 (S.I. 2008/1052), the Civil Proceedings Fees Order 2008 (S.I. 2008/1053), the Family Proceedings Fees Order 2008 (S.I. 2008/1054), the Upper Tribunal (Lands Chamber) Fees Order 2009 (S.I. 2009/1114), the First-tier Tribunal (Gambling) Fees Order 2010 (S.I. 2010/42), the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 (S.I. 2011/2344), the First-tier Tribunal (Property Chamber) Fees Order 2013 (S.I. 2013/1179) and the Supreme Court Fees Order 2024 (S.I. 2024/148).
The Order amends selected court and tribunal fees set out in those instruments in order to reduce fees where underlying costs of the court and tribunal services to which they relate have decreased.
The Order amends selected court and tribunal fees set out in those instruments which were last increased to reflect inflation on 1 May 2024, in order to apply a further inflation-based increase of 3.2 percent (rounded to the nearest pound).
The Order amends selected court and tribunal fees set out in those instruments which were not increased on 1 May 2024, in order to apply an accumulated inflation-based increase of between 13.5 percent (rounded to the nearest pound).
Article 2(a) of the Order removes fee 3.2 from the Non-Contentious Probate Fees Order 2004; this fee applies to applications for a grant or probate where the estate is exempt from inheritance tax on the grounds that the deceased was an emergency responder or a member of the armed forces; such applications will no longer be subject to a fee.
Article 2(b) of the Order removes the entry for fee 9 (fees 9.1 and 9.2) from the Non-Contentious Probate Fees Order 2004; these fees are currently charged for the swearing of oaths and affidavits, and the marking of exhibits annexed to them, however this service is no longer provided.
Article 5(a) of the Order removes fee 3.1 from the Magistrates’ Courts Fees Order 2008; this is a fee for a certificate confirming a Magistrate’s decision to refuse a request to state a case for the opinion of the High Court. This service is no longer required in practice.
Schedule 3 to the Order, introduced by article 5(b), amends selected court fees where underlying costs of the court have decreased and to apply inflation based increases and increases fee 8.1 in the Magistrates’ Courts Fees Order 2008. This fee is charged for commencing proceedings in the Magistrates’ court where permission is not required to commence proceedings. The effect of the amendment is that the fee charged is the same as the sum of fees 8.2(a) and 8.2(b) charged when permission is required to commence proceedings.
Article 6(2)(a) to (c) of the Order amends the Civil Proceedings Fees Order 2008 to amend the fees for the commencement of a judicial review claim where permission has been granted at a hearing, and to increase the fee so that the total fee paid when permission is granted is the same irrespective of whether that permission is granted upon the first application, or following a request for reconsideration at a hearing. Article 10(2)(a) to (c) makes equivalent provision for the purposes of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011.
Article 6(2)(d) of the Order removes fee 1.10 from the Civil Proceedings Fees Order 2008, which applies to appeals under regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium) (England and Wales) Regulations 2020 (S.I. 2020/1311) for the non-disclosure of a debtor’s address where a debtor may be a victim of violence; these appeals will no longer be subject to a fee.
Article 6(2)(e) of the Order removes fee 3.10 from the Civil Proceedings Fees Order 2008; this fee was charged for the filing of insolvency documents in accordance with paragraph 7(1) of Schedule A1 to the Insolvency Act 1986 (c. 45), which was repealed by Schedule 3, paragraph 30 of the Corporate Insolvency and Governance Act 2020 (c. 12).
Article 6(2)(f) of the Order inserts a new fee 5.6 to the Civil Proceedings Fees Order 2008, to make a specific provision for an application within existing proceedings for a fixed costs determination, a new costs procedure introduced into the Civil Procedure Rules 1998 (S.I. 1998/3132) by the Civil Procedure (Amendment No. 3) Rules 2024 (S.I. 2024/839) which came into force on 1 October 2024.
Article 6(2)(g) of the Order removes fee 11.3 from the Civil Proceedings Fees Order 2008; this fee was charged to enter a reference for a hearing by the Admiralty Registrar however this service is no longer provided.
Schedule 4 to the Order, introduced by article 6(h), amends selected court fees where underlying costs of the court have decreased and to apply inflation based increases and increases fee 2.8 in the Civil Proceedings Fees Order 2008 to align the fee with the equivalent fee 3.2 charged in the Magistrates’ Courts Fees Order 2008.
Article 7(2) of the Order adds a new article 3E to the Family Proceedings Fees Order 2008. This exempts applicants seeking to be removed from the Express Financial Remedy Procedure pilot scheme, to be introduced by Practice Direction 36ZH to the Family Procedure Rules 2010 (S.I. 2010/2955), from application fees that would otherwise be payable.
Article 9(a) and (b) of the Order amends the First-tier Tribunal (Gambling) Fees Order 2010 to consolidate 10 fees applicable to appeals in relation to various types of gambling operating licence into a single fee.
Article 12 of the Order updates a reference in the Supreme Court Fees Order 2024 to the Supreme Court Rules 2009 (S.I. 2009/1603) following the introduction of the Supreme Court Rules 2024 (S.I. 2024/949).
No impact assessment has been carried out for these amendments as no, or no significant impact, on the private, voluntary, or public sectors is foreseen.
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