The Magistrates’ Courts Fees (Amendment No. 2) Order 2010

Made: 26th July 2010

Laid before Parliament: 27th July 2010

Coming into force: 1st September 2010

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 Magistrates’ Courts Fees (Amendment No. 2) Order 2010 and shall come into force on 1st September 2010.

Amendment of the Magistrates’ Courts Fees Order 2008

2

The Magistrates’ Courts Fees Order 2008[^f00002] 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.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

J Djanogly — Parliamentary Under Secretary of State — Ministry of Justice — 26th July 2010

We consent,

Michael Fabricant — Jeremy Wright — Two of the Lords Commissioners of Her Majesty’s Treasury — 26th July 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides for the increase of certain family proceedings fees payable in the magistrates’ courts. For convenience this Order replaces the entire schedule of fees payable in the magistrates’ courts. Certain fees which were previously increased in 2006 have been increased by the rate of inflation since 2006. Other fees became payable in 2008 or 2009 at the same level as the fees that were increased in 2006. These fees are also being increased by the rate of inflation since 2006.

The original fees and the rate of inflation since the last fee increase are detailed in the Explanatory Memorandum which is published on the website of the Office of Public Sector Information along with a full impact assessment which was prepared for this Order.

Footnotes

[^f00001]: 2003 c.39. Section 92 was amended by section 59 of and paragraphs 308 and 345 of Schedule 4 Part 1 to the Constitutional Reform Act 2005 (c.4).

[^f00002]: S.I. 2008/1052 as amended by S.I. 2008/2855, S.I. 2009/1496 and S.I. 2010/731.