The Family Proceedings Fees (Amendment) Order 2013

Made: 6th June 2013

Laid before Parliament: 10th June 2013

Coming into force: 1st July 2013

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 Family Proceedings Fees (Amendment) Order 2013 and shall come into force on 1st July 2013.

Amendment of the Family Proceedings Fees Order 2008

2

The Family Proceedings Fees Order 2008[^f00002] is amended as follows.

3

For Schedule 1 (which specifies the fees to be taken in family proceedings), substitute the Schedule in the Schedule to this Order.

Transitional provisions

Divorce or dissolution of civil partnership

4

• (1) This article applies where on or before 30th June 2013 an application was presented for a matrimonial or civil partnership order, other than an application to which rule 7.7(1)(b) of the Family Procedure Rules 2010[^f00003] applies.

• (2) The fee on an application to make a decree nisi absolute or a conditional order final is £45.

• (3) Where the application to make a decree nisi or absolute or a conditional order final is made on or after 6th April 2015, paragraph (2) does not apply and the fee for the application is £50.

Proceedings under section 31 of the Children Act 1989

5

• (1) Paragraph (2) applies where on or before 30th June 2013 an application was made in relation to proceedings under section 31 of the Children Act 1989[^f00004].

• (2) Where an issues resolution hearing or a pre-hearing review has been listed on or after 1st July 2013—

• (a) the fee is £795, and

• (b) the notes in respect of fee 2.2 in the Family Proceedings Fees Order 2008 applicable to an issues resolution hearing or a pre-hearing review and in respect of a refund where a final order is made at a case management conference prior to the coming into force of this Order continue to have effect.

Request for detailed assessment

6

• (1) Paragraph (2) applies where on or before 30th June 2013 a request is filed for detailed assessment where the party filing the request was legally aided, funded by the Legal Services Commission or a person for whom civil legal services have been made available under arrangements made by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00005] and no other party is ordered to pay the costs of the proceedings.

• (2) Where there is an application for the court’s approval of a certificate of costs payable from the Community Legal Service Fund or by the Lord Chancellor under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on or after 1st July 2013—

• (a) the fee is £50, and

• (b) the note in respect of fee 8.5 of the Family Proceedings Fees Order 2008 prior to the coming into force of this Order continues to have effect.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

Helen Grant — Parliamentary Under Secretary of State — Ministry of Justice — 5th June 2013

We consent,

David Evennett — Desmond Swayne — Two of the Lords Commissioners of Her Majesty’s Treasury — 6th June 2013

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Family Proceedings Fees Order 2008 (S.I. 2008/1054). It increases certain fees that are payable in family proceedings in England and Wales in the Senior Courts and county courts by the cumulative rate of inflation since those fees were last increased.

This Order also harmonises certain fees with the amounts payable in the Senior Courts, county courts and magistrates’ courts for the same application and merges certain fees in relation to proceedings for divorce or dissolution of a civil partnership, a care or supervision order or a detailed assessment. Where a fee which is merged by this Order was paid before this Order comes into force, the merged fees will continue to be charged separately.

For convenience this Order replaces the entire schedule of fees payable in family proceedings in the Senior Courts and county courts.

The original fees and the rate of inflation since the last fee increase are detailed in the Explanatory Memorandum which is published at www.legislation.gov.uk, along with a full impact assessment which was prepared for this Order.

Footnotes

[^f00001]: 2003 c.39. Section 92 was amended by section 15(1) of and paragraphs 308 and 345 of Schedule 4, Part 1 to the Constitutional Reform Act 2005 (c. 4) and by section 59(5) of and paragraph 4 of Schedule 11, Part 2 to that Act. Section 108 was amended by section 15(1) of and paragraphs 308 and 348 to Schedule 4, Part 1 to that Act.

[^f00002]: SI 2008/1054 as amended by S.I. 2011/587, S.I. 2011/1045 and S.I 2013/534.

[^f00003]: S.I. 2010/2955.

[^f00004]: 1989 c. 41.

[^f00005]: 2012 c. 10.

Editorial notes

[^key-5c4a7319129a5c8a3a0f7aa10c63457f]: Art. 1 in force at 1.7.2013, see art. 1

[^key-5c2f27804efd76a3a04566fb5be9b6ff]: Art. 2 in force at 1.7.2013, see art. 1

[^key-d30d8fc4e77f6a1768c5f7db67903226]: Art. 3 in force at 1.7.2013, see art. 1

[^key-793b8cca540d29a1b64d9a0f3c2a3ef9]: Art. 4 in force at 1.7.2013, see art. 1

[^key-578377f24747de54a801d9fe7c9a75b4]: Art. 5 in force at 1.7.2013, see art. 1

[^key-86d3b90482073bc28411bf53708921a0]: Art. 6 in force at 1.7.2013, see art. 1

[^key-972c205c983d4eb84979ed39eb21aa94]: Sch. in force at 1.7.2013, see art. 1

[^key-fcc91bbf6db923abba4a7b45288fe90c]: Art. 4(3) inserted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 8(b)

[^key-0cabbd30ea77ffc90455a214b1dad345]: Words in art. 4(1) substituted (6.4.2015) by The Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/687), arts. 1, 8(a)