The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010

Made: 28th October 2010

Laid before Parliament: 2nd November 2010

Coming into force: 29th November 2010

The Lord Chancellor makes this Order in exercise of the powers conferred by section 42(1)(b) of the Tribunals, Courts and Enforcement Act 2007[^f00001], after consultation with the Senior President of Tribunals and the Administrative Justice and Tribunals Council in accordance with section 42(5) of that Act.

Citation, commencement, extent and interpretation

1

• (1) This Order may be cited as the Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010 and comes into force on 29th November 2010.

• (2) This Order extends to England and Wales and applies to proceedings in the Lands Chamber of the Upper Tribunal.

• (3) “The Rules” means the Upper Tribunal (Lands Chamber) Rules 2010[^f00002] and any reference in this Order to a rule by number alone means that rule in the Rules.

Amendments of the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Fees Order 2009

2

The Upper Tribunal (Lands Chamber) Fees Order 2009[^f00003] is amended as follows.

3

• (1) In article 2, omit the words from “established by” to the end.

• (2) In article 3, for the words “Lands Tribunals Rules 1996”, substitute “the Tribunal Procedure (Upper Tribunal) (Lands Chamber) Rules 2010”.

• (3) In article 6—

• (a) for “paragraphs 1,” substitute “paragraphs 2,”;

• (b) for “under the Finance Act 1975[^f00004]” substitute “under section 222(4A) of the Inheritance Act 1984[^f00005]”.

4

For the Schedule (fees) to the Upper Tribunal (Lands Chamber) Fees Order 2009 substitute the Schedule (fees to be taken in the Lands Chamber of the Upper Tribunal) 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 — 28th October 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order provides for the increase of fees currently payable in the Lands Chamber of the Upper Tribunal. It substitutes a new Schedule of fees into the Upper Tribunal (Lands Chamber) Fees Order 2009 (S.I. 2009/1114).

The previous fees and the extent of the increases 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 the Government response to the public consultation on the fee increases.

Footnotes

[^f00001]: 2007 c. 15

[^f00002]: S.I. 2010/2600

[^f00003]: S.I. 2009/1114

[^f00004]: 1975 c. 7. Paragraph 7 (appeals) of Schedule 4 to the Finance Act 1975 was re-enacted in the Inheritance Tax Act 1984 (c. 51), section 222 (appeals against determinations). Subsection (4A) of section 222 of the Inheritance Act 1984 was substituted by S.I. 2009/56.

[^f00005]: 1984 c. 51.