LegalizeThe Non-Contentious Probate Fees (Amendment) Order 2009
Made: 10th June 2009
Laid before Parliament: 18th June 2009
Coming into force: 13th July 2009
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
This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2009 and comes into force on 13th July 2009.
Amendment of the Non-Contentious Probate Fees Order 2004
2
The Non-Contentious Probate Fees Order 20042 is amended as follows.
3
For Schedule 1A3 (which specifies the remission of fees), substitute Schedule 1A (Remissions and part-remissions) set out in the Schedule to this Order.
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 Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120 (L.22)) as follows:
- (a) Schedule 1A is replaced by an amended Schedule 1A so that the provisions for remission and part-remission of fees are consistent with those that apply in other court fee orders.
- (b) it 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 impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.
Footnotes
2003 c. 39; section 92 was amended by paragraphs 308 and 345 of Schedule 4 to the Constitutional Reform Act 2005 (c.4) from 1 October 2005.
S.I. 2004/3120 (L.22), amended by S.I. 2007/2174 (L.14), 2008/2854 (L.20) and by paragraph 1(2) of Schedule 11 to the Constitutional Reform Act 2005 (c.4) from a date to be appointed.
Schedule 1A was inserted by S.I. 2007/2174 and amended by S.I. 2008/2854.
1992 c.4; sections 141 and 142 were amended by sections 1(1)(a), 1(1)(b) and 1(2) of the Child Benefit Act 2005 (c.6).
S.I. 2006/2492, to which there are amendments not relevant to this Order.
2002 c.21. Section 3(5A) was inserted by paragraph 144 of Schedule 24 to the Civil Partnership Act 2004 (c.33).
1995 c.18; section 26(3) is amended by paragraphs 228 and 230 of Schedule 6 to the Income Tax (Earnings and Pensions) Act 2003 (c.1).
S.I. 1983/686, amended by S.I. 2001/420; there are other amending instruments but none is relevant.
S.I. 2006/606, amended by S.I. 2006/1455.
1999 c.22; section 9 was amended by S.I. 2005/3429.
S.I. 2006/2492, amended by S.I. 2007/2937; there are other amending instruments but none is relevant.
Section 1 was amended by S.I. 2005/3429.
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