The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014

Made: 11th March 2014

Laid before Parliament: 13th March 2014

Coming into force: 6th April 2014

In accordance with section 92(1) of the Courts Act 2003, sections 414(1) and 415(1) of the Insolvency Act 1986, section 42(6) of the Tribunals, Courts and Enforcement Act 2007 and section 54(1) of the Mental Capacity Act 2005, the Lord Chancellor has obtained the agreement, consent and sanction of the Treasury.

Citation and commencement

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This Order may be cited as the Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 and shall come into force on 6th April 2014.

Amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013

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• (1) The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013[^f00007] is amended as follows

• (2) In article 12 (fee group – failure to pay fee) for “struck out” substitute “dismissed”.

• (3) For Table 2 (type A claims) in Schedule 2 (employment tribunals - issue and hearing fee) substitute the table in the Schedule to this Order.

• (4) In paragraph 1(1) of Schedule 3 (remissions and part remissions) for the definition of “excluded benefits” substitute—

• “excluded benefits” means any of the following— any of the following benefits payable under the Social Security Contributions and Benefits Act 1992[^f00008] or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00009]— attendance allowance under section 64; severe disablement allowance; carer’s allowance; disability living allowance; constant attendance allowance under section 104 as an increase to a disablement pension; any payment made out of the social fund; housing benefit; widowed parents allowance; any of the following benefit payable under the Tax Credits Act 2002[^f00010]— any disabled child element or severely disabled child element of the child tax credit; any childcare element of the working tax credit; any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009[^f00011], the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011[^f00012], the Carers and Direct Payments Act (Northern Ireland) 2002[^f00013], or section 12B(1) of the Social Work (Scotland) Act 1968[^f00014]; a back to work bonus payable under section 26 of the Jobseekers Act 1995[^f00015], or article 28 of the Jobseekers (Northern Ireland) Order 1995[^f00016]; any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983[^f00017]; any payments from the Industrial Injuries Disablement Benefit; any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006[^f00018]; any payment made from the Independent Living Funds; any payment made from the Bereavement Allowance; any financial support paid under an agreement for the care of a foster child; any housing credit element of pension credit; any armed forces independence payment; any personal independence payment payable under the Welfare Reform Act 2012[^f00019]; any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013[^f00020]; any of the following amounts, as defined by the Universal Credit Regulations 2013[^f00021], that make up an award of universal credit— an additional amount to the child element in respect of a disabled child; a housing costs element; a childcare costs element; a carer element; a limited capability for work or limited capacity for work and work -related activity element.

Amendments to the Court of Protection Fees Order 2007

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• (1) The Court of Protection Fees Order 2007[^f00022] is amended as follows.

• (2) In paragraph 1(1) of Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

• “excluded benefits” means any of the following— any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992— attendance allowance under section 64; severe disablement allowance; carer’s allowance; disability living allowance; constant attendance allowance under section 104 as an increase to a disablement pension; any payment made out of the social fund; housing benefit; widowed parents allowance; any of the following benefit payable under the Tax Credits Act 2002— any disabled child element or severely disabled child element of the child tax credit; any childcare element of the working tax credit; any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968; a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995; any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983; any payments from the Industrial Injuries Disablement Benefit; any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006; any payment made from the Independent Living Funds; any payment made from the Bereavement Allowance; any financial support paid under an agreement for the care of a foster child; any housing credit element of pension credit; any armed forces independence payment; any personal independence payment payable under the Welfare Reform Act 2012; any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013; any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit— an additional amount to the child element in respect of a disabled child; a housing costs element; a childcare costs element; a carer element; a limited capability for work or limited capacity for work and work -related activity element.

• (3) In paragraph 17(3) of Schedule 2 (remissions and part remissions) for “on which the fee was paid” substitute “of the order of the court which finally disposed of the proceedings”.

Amendments to the Civil Proceedings Fees Order 2008

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• (1) The Civil Proceedings Fees Order 2008[^f00023] is amended as follows.

• (2) In Schedule 1 (fees to be taken) in the entries 7.1, 8.1 and 8.10 for “execution” substitute “control”;

• (3) In Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

• “excluded benefits” means any of the following— any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992— attendance allowance under section 64; severe disablement allowance; carer’s allowance; disability living allowance; constant attendance allowance under section 104 as an increase to a disablement pension; any payment made out of the social fund; housing benefit; widowed parents allowance; any of the following benefit payable under the Tax Credits Act 2002— any disabled child element or severely disabled child element of the child tax credit; any childcare element of the working tax credit; any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968; a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995; any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983; any payments from the Industrial Injuries Disablement Benefit; any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006; any payment made from the Independent Living Funds; any payment made from the Bereavement Allowance; any financial support paid under an agreement for the care of a foster child; any housing credit element of pension credit; any armed forces independence payment; any personal independence payment payable under the Welfare Reform Act 2012; any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013; any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit— an additional amount to the child element in respect of a disabled child; a housing costs element; a childcare costs element; a carer element; a limited capability for work or limited capacity for work and work -related activity element.

Amendments to the Family Proceedings Fees Order 2008

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• (1) The Family Proceedings Fees Order 2008[^f00024] is amended as follows.

• (2) In Schedule 1 (fees to be taken)—

• (a) in the entry 11.1(b) for “an interpleader summons under an execution” substitute “a claim to controlled, executed or exempt goods”;

• (b) in the entries 12.1 and 14.1 for “execution” substitute “control”.

• (3) In Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

• “excluded benefits” means any of the following— any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992— attendance allowance under section 64; severe disablement allowance; carer’s allowance; disability living allowance; constant attendance allowance under section 104 as an increase to a disablement pension; any payment made out of the social fund; housing benefit; widowed parents allowance; any of the following benefit payable under the Tax Credits Act 2002— any disabled child element or severely disabled child element of the child tax credit; any childcare element of the working tax credit; any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968; a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995; any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983; any payments from the Industrial Injuries Disablement Benefit; any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006; any payment made from the Independent Living Funds; any payment made from the Bereavement Allowance; any financial support paid under an agreement for the care of a foster child; any housing credit element of pension credit; any armed forces independence payment; any personal independence payment payable under the Welfare Reform Act 2012; any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013; any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit— an additional amount to the child element in respect of a disabled child; a housing costs element; a childcare costs element; a carer element; a limited capability for work or limited capacity for work and work -related activity element.

Amendments to fee remissions

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• (1) Schedule 1A (remissions and part remissions) to the Non-Contentious Probate Fees Order 2004[^f00025], the Schedule (remissions and part remissions) to the Gender Recognition (Application Fees) Order 2006[^f00026] and Schedule 2 (remissions and part remissions) of—

• (a) the Magistrates’ Courts Fees Order 2008[^f00027],

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the Upper Tribunal (Lands Chamber) Fees Order 2009[^f00029]

• (d) the First-tier Tribunal (Gambling) Fees Order 2010[^f00030],

• (e) the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011[^f00031], and

• (f) the First-tier Tribunal (Property Chamber) Fees Order 2013[^f00032],

are amended as follows.

• (2) In paragraph 1(1) for the definition of “excluded benefits” substitute—

• “excluded benefits” means any of the following—any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—attendance allowance under section 64;severe disablement allowance;carer’s allowance;disability living allowance;constant attendance allowance under section 104 as an increase to a disablement pension;any payment made out of the social fund;housing benefit;widowed parents allowance;any of the following benefit payable under the Tax Credits Act 2002—any disabled child element or severely disabled child element of the child tax credit;any childcare element of the working tax credit;any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;any payments from the Industrial Injuries Disablement Benefit;any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;any payment made from the Independent Living Funds;any payment made from the Bereavement Allowance;any financial support paid under an agreement for the care of a foster child;any housing credit element of pension credit;any armed forces independence payment;any personal independence payment payable under the Welfare Reform Act 2012;any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—an additional amount to the child element in respect of a disabled child;a housing costs element;a childcare costs element;a carer element;a limited capability for work or limited capacity for work and work -related activity element.

Transitional provision

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The amendments made by this Order to Table 2 in Schedule 2 (employment tribunals - issue and hearing fee) to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, have no effect in relation to the issue fee or the hearing fee payable in any claim where the claim form was presented before the 6th April 2014.

SCHEDULE 1

Signed

Signed by the authority of the Lord Chancellor and Secretary of State

Shailesh Vara — Parliamentary Under Secretary of State — Ministry of Justice — 11th March 2014

We agree and consent

Mark Lancaster — Stephen Crabb — Two of the Lords Commissioners of Her Majesty’s Treasury — 11th March 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This order amends several fees orders.

Employment Tribunals and Employment Appeals Tribunal Fees Order 2013 (SI 2013/1893)

This order replaces the words “struck out” with the more appropriate term “dismissed”.

It also applies the higher Type B application fee and hearing fee to the following:

• a complaint in relation to a breach of a sex equality clause under section 66 of the Equality Act 2010 (c.15),

• a complaint in relation to a breach of, or application in relation to the effect of, a sex equality rule in an occupational pension scheme under section 67 of the Equality Act 2010,

• a complaint in relation to failure of an employer to inform or consult under regulation 13 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246),

• a complaint that an employer has refused to allow compensation, payment or compensatory rest under regulations 24, 24A, 27 and 27A of the Working Time Regulations 1998 (SI 1998/1833), and

• a complaint that an employer has failed to allow time off for studies or training or if a refusal is based on incorrect facts under sections 63D to 63I of the Employment Rights Act 1996 (c.18).

It also substitutes a new table of Type A claims in Schedule 2.

Court of Protection Fees Order 2007 (SI 2007/1745)

This order amends Schedule 2 to extend the period for application of a fee refund.

Civil Proceedings Fees Order 2008 (SI 2008/1053) and the Family Proceedings Fees Order 2008 (SI 2008/1054)

This order changes the terminology used in relation to enforcement fees to bring it into line with the provisions on taking control of goods under section 62 of, and Schedule 12 to, the Tribunals Courts and Enforcement Act 2007 (c. 15).