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The County Court Fees (Amendment) Order 1997

S.I. 1997/787 · Made 11 March 1997

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

COUNTY COURTS

Made 11th March 1997

Laid before Parliament 12th March 1997

Coming into force 13th March 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 128 of the County Courts Act 1984f1, with the concurrence of the Treasury, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

1984 c. 28.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment to the County Court Fees Order 1982
  3. 3Amendment to the County Court Fees (Amendment) Order 1996
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the County Court Fees (Amendment) Order 1997 and shall come into force on 13th March 1997.

2Amendment to the County Court Fees Order 1982

(1)

For article 4 of the County Court Fees Order 1982f1 there shall be substituted:—

“4
(1)

No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,

(a)

is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992f2, and

(b)

is not in receipt of representation under Part IV of the Legal Aid Act 1988f3 for the purposes of the proceedings.

(2)

The Lord Chancellor may reduce or remit a fee in any case where, in circumstances where paragraph (1) does not apply, it appears to the Lord Chancellor that payment by a party who is an individual of any fee specified in Schedule 1 would involve undue financial hardship because of the exceptional circumstances of the particular case.

(3)

Paragraph (1) shall not apply to Fee No. 4(viii) (fee payable on a consolidated attachment of earnings order or an administration order).”.

3Amendment to the County Court Fees (Amendment) Order 1996

Article 3 of the County Court Fees (Amendment) Order 1996f1 shall be omitted.

Signature

Mackay of Clashfern C.

Dated 11th March

We concur,

Patrick McLoughlin

Roger Knapman

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 11th March 1997

Explanatory note

(This note is not part of the Order)

This Order amends the County Court Fees Order 1982 so as to restore the provisions governing exemption and remission from payment of court fees to their wording immediately prior to the coming into force of the County Court Fees (Amendment) Order 1996. It also revokes the relevant article of the 1996 Order.