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The County Court Fees (Amendment) Order 2000

S.I. 2000/639 · Made 7 March 2000

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, ENGLAND AND WALES

Made 7th March 2000

Laid before Parliament 8th March 2000

Coming into force in accordance with article 2

The Lord Chancellor, in exercise of the powers conferred on him by section 128 of the County Courts Act 1984f1, sections 414 and 415 of the Insolvency Act 1986f2, and section 128 of the Finance Act 1990f3, with the concurrence of the Treasury under section 128(1) of the County Courts Act 1984, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, makes the following Order:

Annotations to the whole text

Footnotes

f1

1984 c. 28.

f2

1986 c. 45.

f3

1990 c. 29.

Contents

  1. 1Citation and interpretation
  2. 2Commencement
  3. 3Amendments to the 1999 Fees Order
  4. 4Amendments to the 1999 Fees Order
  5. 5Amendments to the 1999 Fees Order
  6. 6Amendments to the 1999 Fees Order
  7. 7Amendments to the 1999 Fees Order
  8. 8Amendments to the 1999 Fees Order
  9. Signature
  10. Explanatory note

1Citation and interpretation

(1)

This Order may be cited as the County Court Fees (Amendment) Order 2000.

(2)

In this Order–

(a)

“the 1999 Fees Order” means the County Court Fees Order 1999f1;

(b)

“the appointed day” means the day when sections 1 to 11 of the Access to Justice Act 1999f2 come into force;

(c)

an article referred to by number alone is a reference to the article so numbered in the 1999 Fees Order; and

(d)

a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the 1999 Fees Order.

2Commencement

This Order shall come into force–

(a)

for the purposes of articles 1 and 2 of this Order, on the appointed day, or, on 25th April 2000, whichever is the earlier;

(b)

for the purposes of articles 3, 4; and 8(a), (b), (e) and (f) of this Order on the appointed day; and

(c)

otherwise, on 25th April 2000.

3Amendments to the 1999 Fees Order

In article 2, after paragraph (e) the following new paragraphs (f) and (g) shall be added–

“(f)

“LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999;

(g)

“Funding Code” means the code approved under section 9 of the Access to Justice Act 1999.”.

4Amendments to the 1999 Fees Order

For article 5(1)(b) there shall be substituted–

“(b)

is not in receipt of either–

(i)

representation under Part IV of the Legal Aid Act 1988f1 for the purposes of the proceedings; or

(ii)

funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party.”.

5Amendments to the 1999 Fees Order

After article 6 there shall be inserted the following new article–

“6A
(1)

Subject to paragraph (2), where a fee has been paid at a time–

(a)

when, under article 5, it was not payable, the fee shall be refunded;

(b)

where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 6, the amount by which the fee would have been reduced shall be refunded; and

(c)

where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 6, the fee shall be refunded.

(2)

No refund shall be made under paragraph (1) unless the party who paid the fee applies within 6 months of paying the fee.

(3)

The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months.”.

6Amendments to the 1999 Fees Order

In column 1 in fee 2.4, the words “other than an application to fix the rate of payment before judgment” shall be omitted.

7Amendments to the 1999 Fees Order

In column 1 in fee 2.5 after the note “For the purpose of fee 2.5 a request for a judgment or order on admission or in default shall not constitute an application and no fee shall be payable.” there shall be added the following note–

“Fee 2.5 shall not be payable on an application made under paragraph 8(3) of Schedule 6 to the Road Traffic Act 1991f1.”

8Amendments to the 1999 Fees Order

Fee 3 shall be amended as follows–

(a)

in column 1 in fee 3.1 after the words “is legally aided” there shall be added the words “or is funded by the LSC”;

(b)

in column 1 in fee 3.2 for the note beginning with the words “Where there is a combined party and party and legal aid determination of costs” and ending with the words “amount allowed.” there shall be substituted the following note–

“Where there is a combined party and party and legal aid, or a combined party and party and LSC, or a combined party and party, legal aid and LSC determination of costs, fee 3.2 shall be attributed proportionately to the party and party, legal aid, or LSC (as the case may be) portions of the bill on the basis of the amount allowed.”;

(c)

in column 1 in fee 3.3 for the words “an application” there shall be substituted the words “a request”;

(d)

in column 1 in fee 3.4 after the words “assessment proceedings or on ” there shall be added the words “a request or”;

(e)

in column 1 in fee 3.5 for the words “Legal Aid Assessment Certificate ” there shall be substituted the words “certificate of costs payable from the Community Legal Service Fund”;

(f)

in column 1 in the note following the description of fee 3.5 for the words “ Legal Aid Fund” there shall be substituted the words “Community Legal Service Fund”.

Signature

Irvine of Lairg, C.

Dated 29th February 2000

We concur,

Bob Ainsworth

Greg Pope

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 7th March 2000

Explanatory note

(This note is not part of the Order)

This Order amends the County Court Fees Order 1999 as follows:

  • refunds are permitted in certain cases (article 5);

  • references to legal aid are amended to take account of the establishment of the Legal Services Commission under section 1 of the Access to Justice Act 1999 (articles 3, 4, 8(a), (b), (e) and (f)); and

  • the description of some fees is clarified (articles 6, 7, 8(c) and (d)).