LegalizeThe Supreme Court Fees (Amendment) Order 1997
Made: 5th November 1997
Laid before Parliament: 7th November 1997
Coming into force: 1st December 1997
The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 19811, sections 414 and 415 of the Insolvency Act 19862 and section 128 of the Finance Act 19903, with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, hereby makes the following Order:
Citation, commencement and interpretation
1
This Order may be cited as the Supreme Court Fees (Amendment) Order 1997 and shall come into force on 1st December 1997.
2
In this Order:—
- (a) an article referred to by number means the article so numbered in the Supreme Court Fees Order 19804;
- (b) a fee or column referred to by number means the fee or column so numbered in the Schedule to that Order;
- (c) a form referred to by number means the form so numbered in Appendix A to the Rules of the Supreme Court 19655.
Amendments to the Supreme Court Fees Order 1980
3
Article 5 shall be amended as follows:—
- (a) in paragraph (1)(a), for the words from “income support” to “1992” there shall be substituted “any qualifying benefit”;
- (b) after paragraph (1) there shall be inserted the following new paragraph:—
(1A) The following are qualifying benefits for the purposes of paragraph (1)(a) above: income support, family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 19926, and income-based jobseeker’s allowance under the Jobseekers Act 19957.
4
After Fee No. 4 there shall be inserted the following new fee:
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Item | Fee £ | Document to be marked |
| 4A On an application under the Arbitration Act 19968 whereby High Court Proceedings are originated | 120.00 | The arbitration application (in Form No. 8A9) |
5
After Fee No. 5D there shall be inserted the following new fee:
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Item | Fee £ | Document to be marked |
| 5DA On any of the following applications under the Arbitration Act 1996: a an application by consent before a judge | 20.00 | The draft order |
| b an application by consent before a master or district judge, where an appointment is taken | 30.00 | The arbitration application (in Form No. 8A) |
| c an application before a Judge where an appointment is taken, other than an application by consent or an ex parte application. | 50.00 | The arbitration application (in Form No. 8A) |
Signed
Irvine of Lairg, C. — Dated 30th October 1997
We concur,
Bingham of Cornhill, C.J. — Woof, M.R. — Stephen Brown, P. — Richard Scott, V.-C. — Dated 31st October 1997
We concur,
Graham Allen — Jon Owen Jones — Two of the Lords Commissioners of Her Majesty’s Treasury — Dated 5th November 1997
Explanatory note
(This note is not part of the Order)
This Order amends the Supreme Court Fees Order 1980 so as to extend the exemption from payment of court fees to those in receipt of family credit, disability working allowance or income-based jobseekers' allowance. It also sets fees for originating and other applications under the Arbitration Act 1996.
Footnotes
1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.
S.I. 1965/1776: the relevant amendment is noted in the body of the Order.
Form 8A was inserted by S.I. 1996/3219.
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