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The County Court Fees (Amendment) Order 2004

S.I. 2004/2098 · Made 4 August 2004

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 4th August 2004

Laid before Parliament 9th August 2004

Coming into force 31st August 2004

The Lord Chancellor, in exercise of the powers conferred upon him by section 128 of the County Courts Act 1984f1 and sections 414 and 415 of the Insolvency Act 1986f2, 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

Contents

  1. 1Article 1
  2. 2Article 2
  3. Signature
  4. Explanatory note

1

This Order may be cited as the County Court Fees (Amendment) Order 2004 and shall come into force on 31st August 2004.

2

In article 5(2)(b) of the County Court Fees Order 1999f1—

(a)

for sub-paragraph (i) substitute—

“(i)

child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002f2) which includes the party; or” and

(b)

for “£14,213” substitute “£14,600”.

Signature

Falconer of Thoroton, C

Date 25th July 2004

We concur

John Heppell

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

Date 4th August 2004

Explanatory note

(This note is not part of the Order)

This Order amends article 5(2)(b) of the County Court Fees Order 1999 (S.I. 1999/689), which provides that working tax benefit is a qualifying benefit leading to exemption from court fees, as long as either child tax credit is being paid or there is a disability or severe disability element, and the gross annual income for the purposes of the working tax credit is below a given threshold. The amendments made by this Order:

(a)

provide that the child tax credit need not be received by the party seeking exemption from court fees, as long as it is being paid in respect of a claim for child tax credit made jointly by the party and his spouse or partner; and

(b)

increase the income threshold from £14,213 to £14,600.