The Court of Judicature (Non-Contentious Probate) Fees (Amendment) Order (Northern Ireland) 2023

Made: 10th October 2023

Coming into operation: 1st November 2023

The Department has, in accordance with section 116(1) of that Act, consulted with the Lady Chief Justice.

Citation and commencement

1

This Order may be cited as the Court of Judicature (Non-Contentious Probate) Fees (Amendment) Order (Northern Ireland) 2023 and shall come into operation on 1st November 2023.

Amendment of the Court of Judicature (Non-Contentious Probate) Fees Order (Northern Ireland) 1996

2

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

3

For Schedule 1 substitute the new Schedule 1 set out in the Schedule to this Order.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of Justice on 10th October 2023

Richard Pengelly — 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 10th October 2023

Patrick Neeson — 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 (Non-Contentious Probate) Fees Order (Northern Ireland) 1996 (S.R. 1996 No. 104) to increase the fees to be taken in non-contentious probate proceedings over a two year period (9% increase effective from 1st November 2023, with a further 9% increase effective from 1st October 2024) and to include a fee for a certified or sealed copy of any document.

The Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 1996 has been renamed the Court of Judicature (Non-Contentious Probate) 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.

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. 104 to which relevant amendments are made by S.R. 2007 No. 377, S.R. 2017 No. 11 and S.R. 2019 No. 175.

Editorial notes

[^key-9f66c48fcecae92d2789b326f8fda48a]: Art. 1 in operation at 1.11.2023, see art. 1

[^key-f2a8cc907c7d95f65cc9f3a43b13af27]: Art. 2 in operation at 1.11.2023, see art. 1

[^key-5f55833eaa90df68aad461a3b901adb3]: Art. 3 in operation at 1.11.2023, see art. 1

[^key-73c7e45b5dd6844ad4aa2796c3809443]: Sch. in operation at 1.11.2023, see art. 1