The Magistrates’ Courts 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 Magistrates’ Courts Fees (Amendment) Order 2013 and shall come into force on 1st July 2013.

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 the Schedule in the Schedule to this Order.

Transitional provisions: proceedings under section 31 of the Children Act

4

• (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[^f00003].

• (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 8.2 in the Magistrates’ Courts 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.

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 Magistrates’ Courts Fees Order 2008 (S.I. 2008/1052). It increases certain fees that are payable in magistrates courts by the cumulative rate of inflation since those fees were last increased.

This Order also harmonises certain fees with the amounts payable in civil and family proceedings in the county court and High Court for the same application and merges certain fees for supervision orders and care orders. Where an application in proceedings for a care order or supervision order was made before this Order comes into force, the fee where an issues resolution hearing or pre-hearing review has been listed will continue to be charged separately.

For convenience this Order replaces the entire schedule of fees payable in the magistrates’ 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]: S.I. 2008/1052 as amended by S.I. 2010/1917.

[^f00003]: 1989 c. 41.