The Civil Proceedings and Gender Recognition Application Fees (Amendment) Order 2021

Made: 12th April 2021

Laid before Parliament: 13th April 2021

Coming into force: 4th May 2021

The Secretary of State makes this Order in exercise of the power conferred by section 7(2) of the Gender Recognition Act 2004[^f00002].

Citation, commencement and extent

1

• (1) This Order may be cited as the Civil Proceedings and Gender Recognition Application Fees (Amendment) Order 2021 and comes into force on the twenty-first day after the day on which it is laid.

• (2) Subject to paragraph (3), this Order extends to England and Wales, Scotland and Northern Ireland.

• (3) Article 2 extends to England and Wales only.

Amendment to the Civil Proceedings Fees Order 2008

2

In the table in Schedule 1 to the Civil Proceedings Fees Order 2008 (fees to be taken)[^f00003], after the entry for fee 1.9(d) insert—

• (a) in column 1, “1.10 On an appeal under regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (applications to the county court).”;

• (b) in column 2, “£5”.

Amendment to the Gender Recognition (Application Fees) Order 2006

3

In article 2 of the Gender Recognition (Application Fees) Order 2006 (application fees)[^f00004] for “£140” substitute “£5”.

Signed

Chris Philp — Parliamentary Under Secretary of State — Ministry of Justice — 8th April 2021

We consent

Maggie Throup — Scott Man — Two of the Lords Commissioners of Her Majesty’s Treasury — 12th April 2021

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends two statutory instruments which prescribe fees that are payable in respect of certain applications. Article 2 of this Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053) to prescribe a £5 fee payable when bringing an appeal under regulation 38(9) of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020 (S.I. 2020/1311) against a decision by a debt advice provider to refuse an application for non-disclosure of a debtor’s usual residential address. Article 3 of this Order amends the Gender Recognition (Application Fees) Order 2006 (S.I. 2006/758) to reduce the fee for making an application for a gender recognition certificate to £5.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Footnotes

[^f00001]: 2003 c. 39. Section 92 was amended by paragraph 345 of Schedule 4 and paragraph 4 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) and by paragraph 40(a) of Schedule 9 and paragraph 95 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

[^f00002]: 2004 c. 7. Section 7 was amended by section 250(5) of the Civil Partnership Act 2004 (c. 33), paragraph 7 of Schedule 5 to the Marriage (Same Sex Couples) Act 2013 (c. 30), and paragraph 19(1) of Schedule 2 to the Marriage and Civil Partnership (Scotland) Act 2014 (asp 5).

[^f00003]: S.I. 2008/1053, amended by S.I. 2014/874; there are other amending instruments but none is relevant.

[^f00004]: S.I. 2006/758, amended by S.I. 2013/2302; there are other amending instruments but none is relevant.