Article 6 Amendment of the Civil Proceedings Fees Order 2008

(1)

The Civil Proceedings Fees Order 2008^f1 is amended as follows.

(2)

In article 1(2) (interpretation), omit sub-paragraph (c) (definition of “LSC”).

(3)

After article 3B^f2 insert—

“Exemption related to domestic abuse protection orders

3C

No fee is payable in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals).”.

(4)

In article 5 (remissions and part remissions)^f3, for paragraph (2)(a) substitute—

“(a)

any fee which relates to proceedings in cases brought by users of Money Claim Online^f4 or Possession Claims Online^f5;”.

(5)

In Schedule 1 (fees to be taken)^f6, in the table—

(a)

omit the entry for fee 3.1(a) (bankruptcy petition presented by a debtor or the personal representative of a deceased debtor);

(b)

in each entry relating to a fee listed in the table in Schedule 4 to this Order (“Table 4”), for the amount specified in column 2 (amount of fee (or manner of calculation)) substitute the amount specified in column 3 of the corresponding entry in Table 4 (revised amount of fee).

Annotations

Footnotes

f1: S.I. 2008/1053 (L. 5).
f2: Article 3B was inserted by S.I. 2022/540.
f3: Article 5 was substituted by S.I. 2013/2302, and paragraph (2)(a) was substituted by S.I. 2015/576 and amended by S.I. 2021/588.
f4: For the meaning of “Money Claim Online”, see article 1(2)(d) of S.I. 2008/1053 in conjunction with paragraph 1.1 of practice direction 7C of the Civil Procedure Rules.
f5: For the meaning of “Possession Claims Online”, see article 1(2)(d) of S.I. 2008/1053 in conjunction with paragraph 1.1 of practice direction 55B of the Civil Procedure Rules.
f6: Schedule 1 was substituted by S.I. 2014/874.