LegalizeThe Family Proceedings Fees (Amendment) Order (Northern Ireland) 2019
Made: 9th September 2019
Coming into operation: 1st October 2019
The Department has, in accordance with section 116(1) of that Act, consulted with the Lord Chief Justice.
Citation and commencement
1
This Order may be cited as the Family Proceedings Fees (Amendment) Order (Northern Ireland) 2019 and shall come into operation on 1st October 2019.
Amendments to the Family Proceedings Fees Order (Northern Ireland) 1996
2
The Family Proceedings Fees Order (Northern Ireland) 1996[^f00004] is amended as follows.
3
In Article 4(3) (Fees payable in family proceedings) at the beginning insert “Subject to Article 10,”.
4
In Article 8 (Exemptions and Refunds) at the beginning of paragraph (1) insert “Subject to Article 10,”.
5
After Article 9 insert—
(10) No reduction or remission under Article 4(3) or exemption under Article 8 is available in respect of the fees prescribed by this Order for— (a) copy (including a photographic copy) documents; (b) searches, inspections and a certificate of the result of a search.
6
For the Schedule substitute the new Schedule set out in the Schedule to this Order.
SCHEDULE
Signed
Sealed with the Official Seal of the Department of Justice on 9th September 2019
Peter May — A senior officer of the Department of Justice
The Department of Finance concurs in the making of this Order.
Sealed with the Official Seal of the Department of Finance on 9th September 2019
Emer Morelli — A senior officer of the Department of Finance
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order amends the Family Proceedings Fees Order (Northern Ireland) 1996 (S.R. 1996 No. 495) to increase the fees payable in respect of specified family proceedings in the High Court and County Court and provide that remissions and exemptions are not available in respect of fees for searches, inspections and a certificate of the result of a search.
An Explanatory Memorandum and a Regulatory Impact Assessment have been produced and are available from the Northern Ireland Courts and Tribunals Service, Laganside House, 23-27 Oxford Street, Belfast BT1 3LA or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.
Footnotes
[^f00001]: 1978 c. 23 as amended by s.59 of the Justice Act (Northern Ireland) 2016 (2016 c. 21 (N.I.)).
[^f00002]: Article 15(1) and paragraph 6(h) of Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).
[^f00003]: Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976). Formerly the Department of Finance and Personnel, see the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)), Section 1(4) and Schedule 1.
[^f00004]: S.R. 1996 No. 495 to which relevant amendments are made by S.R. 2007 No. 381, S.R. 2007 No. 453 and S.R. 2017 No. 17.
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