The Family Proceedings Fees Order 1991

Made: 19th September 1991

Coming into force: 14th October 1991

The Lord Chancellor, in exercise of the powers conferred on him by section 41 of the Matrimonial and Family Proceedings Act 1984[^f00001], and of all other powers enabling him in that behalf, with the concurrence of the Treasury, hereby makes the following Order:—

1

• (1) This Order may be cited as the Family Proceedings Fees Order 1991 and shall come into force on 14th October 1991.

• (2) In this Order, unless a contrary intention appears—

• a rule or form referred to by number alone means the rule or form so numbered in the Family Proceedings Rules 1991[^f00002];

• expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules.

2

Subject to articles 3 and 4, the fees specified in the Schedule to this Order shall be taken in family proceedings in the High Court or in a county court.

3

No fee shall be payable under this Order where the person who would otherwise be liable to pay—

• (a) is a legally assisted person within the meaning of section 2(11) of the Legal Aid Act 1988[^f00003];

• (b) is in receipt of income support or family credit under Part II of the Social Security Act 1986[^f00004];

• (c) is a person who is not a beneficiary of a trust fund in court of a value of more than £50,000 and who is—

• (i) under the age of eighteen, or

• (ii) a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989[^f00005] is in force or is being applied for.

4

Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.

SCHEDULE — FEES TO BE TAKEN IN FAMILY PROCEEDINGS

1

Commencement of proceedings

• (a) On filing an application or originating application, or on sealing an originating summons or a summons, to commence family proceedings, other than proceedings mentioned elsewhere in this Schedule;

2

Proceedings under the Children Act 1989 (c. 41)

• (1) On filing an application or requesting leave under the following provisions of the Children Act 1989—

Parental responsibility, guardians, section 8 orders etc.

Financial provision for children

• (c) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1;

Secure accommodation

• (e) Section 25;

Care, supervision, etc.

• (f) section 31;

Contact with child in care

• (h) section 34(2), (3), (4) or (9);

Placement abroad

• (i) paragraph 19(1) of Schedule 2;

Education supervision

• (j) section 36(1);

Child assessment order

• (l) section 43(1);

Emergency protection

• (m) section 43(12);

Recovery of Children

• (o) section 50;

Miscellaneous

• (p) section 102.

3

Adoption and wardship applications

• (a) On commencing proceedings under the Adoption Act 1976 (c. 36) other than under section 21 thereof;

4

Applications for ancillary relief

5

Applications in proceedings

6

Appeal from a district judge

7

Searches

• (a) On making a search in the central index of decrees absolute kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute.

8

Copies of documents

• (a) On making a personal application for a copy of any document (other than a welfare officer’s report), whether or not issued as an office copy, per page—

• (i) typewritten;

9

Taxation

10

Registration of maintenance orders

11

Service

12

Enforcement

13

Sale

• (a) For removing or taking steps to remove goods to a place of deposit and keeping them there (including feeding and caring for any animals);

14

Examination

15

Directions for trial

16

Enforcement

• (a) On sealing a writ of execution;

17

Registration of maintenance orders

18

Financial relief after overseas divorce etc.

Signed

Mackay of Clashfern, C. — 16th September 1991

We concur

Thomas Sackville — Nicholas Baker — Two of the Lords Commissioners of Her Majesty’s Treasury — 19th September 1991

Explanatory note

(This note is not part of the Order)

This Order prescribes the fees to be paid in the High Court and in county courts for various stages of and actions in family proceedings, within the meaning of section 32 of the Matrimonial and Family Proceedings Act 1984.

The Matrimonial Causes Fees Order 1980 (S.I. 1980/819) lapsed with the repeal of section 51 of the Matrimonial Causes Act 1973 (c. 18) activated by the Matrimonial and Family Proceedings Act 1984 (Commencement No. 5) Order 1991 (S.I. 1991/1211).

Footnotes

[^f00001]: 1984 c. 42.

[^f00002]: S.I. 1991/1247.

[^f00003]: 1988 c. 34.

[^f00004]: 1986 c. 50.

[^f00005]: 1989 c. 41.