The Family Proceedings Fees (Amendment) Order 2014

Made: 27th March 2014

Laid before Parliament: 1st April 2014

Coming into force: 22nd April 2014

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 2014 and shall come into force on 22nd April 2014.

Amendment of the Family Proceedings Fees Order 2008

2

• (1) The Family Proceedings Fees Order 2008[^f00002] is amended as follows.

• (2) In article 2 for “county courts” substitute “the family court”.

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

Transitional Provision

3

Where fee 2.2, as it stood immediately before this Order came into force, has been paid before 22nd April 2014 and subsequently a final order is made at a case management conference or case management hearing, £1,360 shall be refunded.

SCHEDULE

Signed

Signed by authority of the Lord Chancellor

Shailesh Vara — Parliamentary Under Secretary of State — Ministry of Justice — 27th March 2014

We consent

Sam Gyimah — Anne Milton — Two of the Lords Commissioners of Her Majesty’s Treasury — 27th March 2014

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 fees payable in family proceedings as set out in the Explanatory Memorandum, which is published at www.legislation.gov.uk.

It incorporates those fees relating to family proceedings which have been removed from the Magistrates’ Courts Fees Order 2008 (S.I. 2008/1052) on the establishment of the single family court.

Where fee 2.2 has been paid before this order comes into force, a refund of £1,360 is payable if a final order is made at a case management conference or case management hearing.

The schedule to this Order contains a new schedule showing all the fees payable in family proceedings.

A full impact assessment is also annexed to the Explanatory Memorandum.

Footnotes

[^f00001]: 2003 c.39. Section 92 was amended by sections 15(1) and 59, paragraphs 308 and 345 of Schedule 4 Part 1 and paragraph 4 of Schedule 11 Part 2 to the Constitutional Reform Act 2005 (c.4) and sections 17(5) and 17(6), paragraph 40(a) of Schedule 9 Part 2 and paragraphs 83 and 95 of Schedule 10 Part 2 to the Crime and Courts Act 2013 (c. 22).

[^f00002]: SI 2008/1054. Schedule 1 was substituted by S.I. 2013/1407 and amended by S.I. 2014/590.