The Family Proceedings Fees Order 2008

Made: 7th April 2008

Laid before Parliament: 9th April 2008

Coming into force: 1st May 2008

In accordance with section 92(5) and (6) of that Act the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and commencement

1

• (1) This Order may be cited as the Family Proceedings Fees Order 2008 and shall come into force on 1st May 2008.

• (2) In this Order—

• (a) “Legal Aid Agency” means the body established under section 2(2)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012;

• (b) “the FPR 2010” means the Family Procedure Rules 2010; and

• (c) expressions also used in the FPR 2010 have the same meaning as in the FPR 2010;

• (d) “EU Regulation 606/2013” means Regulation (EU) No. 606/2013 of the European Parliament and of the Council of June 2013 on mutual recognition of protection measures in civil matters; and

• (e) “protection measure” and “protected person” have the same meaning as in EU Regulation 606/2013.

Fees payable

2

The fees set out in column 2 of Schedule 1 are payable in family proceedings in the High Court and in the family court in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

3

Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions

4

Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

Revocations

5

The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.

Transitional provision

6

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SCHEDULE 1 — Fees to be taken