The Court of Judicature 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, commencement and interpretation

1

• (1) This Order may be cited as the Court of Judicature Fees (Amendment) Order (Northern Ireland) 2019 and shall come into operation on 1st October 2019.

• (2) In this Order—

• “the Aarhus Convention” means the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environment Matters done at Aarhus on 25th June 1998.

Amendments to the Court of Judicature Fees Order (Northern Ireland) 1996

2

The Court of Judicature Fees Order (Northern Ireland) 1996[^f00004] is amended as follows.

3

In Article 4 (Fees to be taken in proceedings in the Court of Judicature)—

• (a) in paragraph 1 after “column 1” insert “in accordance with and subject to the directions specified in that column”; and

• (b) in paragraph (2) at the beginning insert ”Subject to Articles 10A and 10B,”.

4

In Article 9 (Exemptions and Refunds) at the beginning of paragraph (1) insert “Subject to Articles 10A and 10B,”.

5

After Article 10 insert—

(10A) Paragraph (2) applies where— (a) an order under section 32 of the Judicature (Northern Ireland) Act 1978 is in operation against a person; and (b) that person makes an application for leave to institute or continue legal proceedings. (2) No reduction or remission under Article 4(2) or exemption under Article 9 is available in respect of the fee prescribed by this Order for the application. (3) If the person is granted leave, they are to be refunded the difference between— (a) the fee paid; and (b) the fee that would have been payable if this Order had been applied without reference to this Article. (10B) No reduction or remission under Article 4(2) or exemption under Article 9 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 sections 1 to 6 of the Schedule substitute the new sections set out in the Schedule to this Order.

Saving Provision

7

The 1996 Order as it applied immediately before Article 2 of this Order came into operation, continues to apply to a judicial review or review under any statutory provision of a decision, act or omission which is subject to the provisions of the Aarhus Convention.

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 Court of Judicature Fees Order (Northern Ireland) 1996 (S.R.1996 No. 100) to increase fees payable in the Court of Judicature and to introduce the following new fees:

• on listing of a first case management review hearing (Fee No.5(e))

• for certification of a pending action for the purpose of registering it as a burden affecting land (Fee 26).

The Order also makes some changes in relation to the availability of remissions and exemptions as follows:

• a person subject to an order under s32 of the Judicature (Northern Ireland) Act 1978 cannot seek a remission or exemption in respect of the fee for an application for leave to initiate or continue proceedings, however, if leave is granted the fee will be refunded, if appropriate; and

• no remission or exemption will be available in respect of the fees for copy documents, searches and inspections and a certificate of the result of a search.

The Supreme Court Fees Order (Northern Ireland) 1996 has been renamed the Court of Judicature Fees Order (Northern Ireland) 1996 as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4).

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 Article15(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); and section 59 of the Justice Act (Northern Ireland) 2016 (2016 c. 21 (N.I.))

[^f00002]: Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Function) Order 2010 (S.I. 2010 No. 976).

[^f00003]: 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. 100 to which relevant amendments are made by S.R. 2007 No. 376, S.R. 2009 No. 424 and S.R. 2017 No. 16; the Supreme Court Fees Order (Northern Ireland) 1996 has been renamed as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005 (2005 c. 4).