The Magistrates’ Courts Fees (Amendment) Order 2009

Made: 10th June 2009

Laid before Parliament: 18th June 2009

Coming into force in accordance with article 1

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 Magistrates’ Courts Fees (Amendment) Order 2009.

• (2) Except as provided in paragraph (3), this Order comes into force on 13th July 2009.

• (3) Fee 8.1(b) of Schedule 1 set out in the Schedule to this Order comes into force on 1st September 2009.

Amendment of the Magistrates’ Courts Fees Order 2008

2

The Magistrates’ Courts Fees Order 2008 ² is amended as follows.

3

For Schedule 1 (which specifies the fees to be taken in magistrates’ courts), substitute Schedule 1 (Fees to be taken) set out in the Schedule to this Order.

4

In paragraph 1(1)(c) of Schedule 2, for “626” substitute “26”.

5

In paragraph 3(1) of Schedule 2, in column 2 —

• (a) for “£12,000” substitute “£13,000”;

• (b) for “£14,735” substitute “£15,930”;

• (c) for “£17,470” substitute “£18,860”;

• (d) for “£20,205” substitute “£21,790”; and

• (e) for “£22,940” substitute “£24,720”.

6

In paragraph 3(1) of Schedule 2, in column 3 —

• (a) for “£16,000” substitute “£18,000”;

• (b) for “£18,735” substitute “£20,930”;

• (c) for “£21,470” substitute “£23,860”;

• (d) for “£24,205” substitute “£26,790”; and

• (e) for “£26,940” substitute “£29,720”.

7

In paragraph 3(2) of Schedule 2, for “£2,735” substitute “£2,930”.

8

In paragraph 5(3) of Schedule 2 —

• (a) in sub-paragraph (a), for “£296” substitute “£315”;

• (b) in sub-paragraph (b), for “£228” substitute “£244”; and

• (c) in sub-paragraph (c), for “£150” substitute “£159”.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

Bridget Prentice — Parliamentary Under Secretary of State — Ministry of Justice — 4th June 2009

We consent,

Tony Cunningham — Frank Roy — Two of the Lords Commissioners of Her Majesty’s Treasury — 10th June 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Magistrates’ Court Fees Order 2008 (S.I. 2008/1052) (L.4) by substituting a new Schedule 1 which specifies the fees payable in magistrates’ courts. In this explanatory note “old fee number” and “old fee” refer to the relevant fee numbers and fees in the Magistrates’ Courts Fees Order 2008. “New fee number” and “new fee” refer to the relevant fee numbers and fees as amended in this Order. The fees that are increased are shown in the following table.

In relation to fee 8.2, the purpose of a case management conference and issues resolution hearing is set out in the Practice Direction entitled “Guide to Case Management in Public Law Proceedings” given by the President of the Family Division of the High Court in April 2008 and the purpose of a pre-hearing review is set out in the Protocol entitled “Judicial Case Management in Public Law Children Act Cases” issued by the President in June 2003.

Additionally, the main changes that the Order makes are as follows.

Fee 2.4 is a new fee to cover any appeal that is not otherwise charged.

Fee 3.3 is a new fee of £60 for a request for a certified copy of a memorandum of conviction. This was previously covered by old fee 3.1 (£40 was charged on a request for a certificate not otherwise charged) which has been re-numbered as fee 3.4.

Fee 13.2 is a new fee to provide for applications for renewal or variation of an existing licence. The fee for applications for revocation of a licence (old fee 16.2, new fee 13.3) is reduced from £30 to £25 so that all licence applications carry the same fee.

In fee 15, there is a single increased fee of £200 for commencing proceedings, or where leave of the court is required to commence proceedings there is a smaller fee of £100 for applications for leave and a further fee of £100 to commence proceedings once leave has been granted. Where the proceedings are contested the party who commenced proceedings pays a further fee of £500 to cover all contested hearings.

Fee 16.2 is a new fee to cover applications for any warrant (other than a warrant of entry) where no other fee is specified.

Fee 17.1 is a single fee for applications for a warrant for commitment under the Council Tax (Administration and Enforcement) Regulations 1992, replacing the two staged fees (old fees 5.2 and 5.4). Fee 17.1 does not include a warrant of arrest which is provided for under fee 16.2.

Articles 5-7 increase the figures for gross annual income in paragraph 3 of Schedule 2 which are used to determine whether a party is eligible for fee remission.

Article 8 increases the amounts that may be deducted from a party’s gross monthly income for living expenses. The amount that a party may deduct rises from £296 to £315. The amount for each child of the party rises from £228 to £244 and the amount that may be deducted if the party has a partner rises from £150 to £159.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is available at http://www.justice.gov.uk/docs/civil-court-fees-2008-consultation-paper-cp31-08.pdf.

Footnotes