The Court Fees (Miscellaneous Amendments) Order 2021 in Scotland

S.I. 2021/985 · Made 2 September 2021 · Extends to United Kingdom

Betting, Gaming And Lotteries

County Court, England And Wales

Family Proceedings, England And Wales

Gender Recognition

Magistrates’ Courts, England And Wales

Mental Capacity, England And Wales

Senior Courts Of England And Wales

Supreme Court Of The United Kingdom

Tribunals And Inquiries

Made 2nd September 2021

Laid before Parliament 6th September 2021

Coming into force 30th September 2021

The Lord Chancellor and the Secretary of State makes the following Order in exercise of the powers conferred on the Lord Chancellor by section 92(1) and (2) of the Courts Act 2003^f1, sections 414 and 415 of the Insolvency Act 1986^f2, section 54(1) and (2) of the Mental Capacity Act 2005^f3, section 52 of the Constitutional Reform Act 2005^f4, section 42 of the Tribunals, Courts and Enforcement Act 2007^f5, and section 180(1) of the Anti-Social Behaviour, Crime and Policing Act 2014^f6, and on the Secretary of State by section 7(2) of the Gender Recognition Act 2004^f7.

The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003, section 52(3) of the Constitutional Reform Act 2005 and section 180(3) of the Anti-Social Behaviour, Crime and Policing Act 2014.

In accordance with section 54(3) of the Mental Capacity Act 2005, the Lord Chancellor has consulted the President of the Court of Protection, the Vice-President of the Court of Protection and the Senior Judge of the Court of Protection.

In accordance with section 92(5) and (6) of the Courts Act 2003, the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and, in relation to civil proceedings, the Civil Justice Council.

The Lord Chancellor has consulted in accordance with section 52(4) to (6) of the Constitutional Reform Act 2005.

In accordance with section 42(5) of the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor has consulted the Senior President of Tribunals.

In accordance with section 92(1) of the Courts Act 2003, sections 414(1) and 415(1) of the Insolvency Act 1986, section 54(1) of the Mental Capacity Act 2005 and section 52(1) of the Constitutional Reform Act 2005, the Lord Chancellor has obtained the agreement, consent and sanction of the Treasury.

Annotations to the whole text

Footnotes

f1: 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).
f2: 1986 c. 45. Section 414 was amended by sections 126 and 161 of the Banking Act 2009 (c. 1), section 2(1) of, and paragraphs 1 and 23 of Schedule 3 to, the Corporate Insolvency and Governance Act 2020 (c. 12), and by S.I. 2007/2194 and 2009/805. Section 415 was amended by section 108(3) of, and paragraphs 1 and 9 of Part 1 of Schedule 20 to, the Tribunals, Courts and Enforcement Act 2007 (c. 15), and by section 71(3) of, and paragraphs 1 and 59 of Schedule 19 to, the Enterprise and Regulatory Reform Act 2013 (c. 24).
f3: 2005 c. 9.
f4: 2005 c. 4.
f5: 2007 c. 15. Section 42 was amended by S.I. 2010/21 and S.I. 2013/2042.
f6: 2014 c. 12. As this instrument only adjusts a fee to reflect changes in the value of money, in accordance with section 180(8) of the Anti-Social Behaviour, Crime and Policing Act 2014, section 180(7) of that Act does not apply (requirement that a statutory instrument to which section 180(7) applies may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House).
f7: 2004 c. 7. There are amendments of section 7, but none is relevant.

Part 1: Introduction
1Citation and commencement
2Extent
3Application
Part 3: Amendment of Help with Fees Income Thresholds
8Amendment of the Help with Fees Income Thresholds
Signature
Explanatory note

1Citation and commencementI1

This Order may be cited as the Court Fees (Miscellaneous Amendments) Order 2021 and comes into force on 30th September 2021.

2ExtentI1

(1)

The following provisions of this Order extend to England and Wales—

(a)

articles 4 to 7;

(b)

article 8 insofar as it relates to the amendment of—

(i)

Schedule 1A to the Non-Contentious Probate Fees Order 2004^f1 (remissions and part remissions);

(ii)

Schedule 2 to the Court of Protection Fees Order 2007^f2 (remissions and part remissions);

(iii)

Schedule 2 to the Magistrates’ Courts Fees Order 2008^f3 (remissions and part remissions);

(iv)

Schedule 2 to the Civil Proceedings Fees Order 2008^f4 (remissions and part remissions);

(v)

Schedule 2 to the Family Proceedings Fees Order 2008^f5 (remissions and part remissions);

(vi)

Schedule 2 to the Upper Tribunal (Lands Chamber) Fees Order 2009^f6 (remissions and part remissions);

(vii)

Schedule 2 to the Upper Tribunal (Immigration and Asylum) (Judicial Review) (England and Wales) Fees Order 2011^f7 (remissions and part remissions).

(2)

The following provisions of this Order extend to England and Wales, Scotland and Northern Ireland—

(a)

this article;

(b)

article 8, insofar as it relates to the amendment of—

(i)

the Schedule to the Gender Recognition (Application Fees) Order 2006^f8 (remissions and part remissions);

(ii)

Schedule 2 to the Supreme Court Fees Order 2009^f9 (remissions and part remissions);

(iii)

Schedule 2 to the First-tier Tribunal (Gambling) Fees Order 2010^f10 (remissions and part remissions);

(iv)

Schedule 1 to the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011^f11 (remissions and part remissions).

(3)

Article 8 of this Order extends to England only insofar as it relates to the amendment of Schedule 2 to the First-tier Tribunal (Property Chamber) Fees Order 2013^f12 (remissions and part remissions).

3ApplicationI1

(1)

Article 8 of this Order applies to proceedings in the Lands Chamber of the Upper Tribunal insofar as it relates to the amendment of Schedule 2 to the Upper Tribunal (Lands Chamber) Fees Order 2009.

(2)

Article 8 of this Order applies to proceedings in the Property Chamber of the First-tier Tribunal insofar as it relates to the amendment of Schedule 2 to the First-tier Tribunal (Property Chamber) Fees Order 2013.

8Amendment of the Help with Fees Income ThresholdsI1

(1)

The following provisions of the Orders listed in paragraph (4) are amended as follows.

(2)

In paragraph 11 (remission of fees – gross monthly income)—

(a)

after sub-paragraph (1)(b), for Table 2 substitute—

“
Table 2
Column 1
Number of children of party
Column 2
Single
Column 3
Couple
no children £1,170 £1,345
1 child £1,435 £1,610
2 children £1,700 £1,875
”

Column 1 Number of children of party	Column 2 Single	Column 3 Couple
no children	£1,170	£1,345
1 child	£1,435	£1,610
2 children	£1,700	£1,875

(b)

in sub-paragraph (2) for “£245” substitute “£265”.

(3)

In paragraph 12 (gross monthly income cap)—

(a)

after sub-paragraph (1)(b), for Table 3 substitute—

“
Table 3
Column 1
Number of children of party
Column 2
Single
Column 3
Couple
no children £5,170 £5,345
1 child £5,435 £5,610
2 children £5,700 £5,875
”

Column 1 Number of children of party	Column 2 Single	Column 3 Couple
no children	£5,170	£5,345
1 child	£5,435	£5,610
2 children	£5,700	£5,875

(b)

in sub-paragraph (2), for “£245” substitute “£265”.

(4)

The provisions listed in this paragraph are—

(a)

Schedule 1A to the Non-Contentious Probate Fees Order 2004^f1 (remissions and part remissions);

(b)

the Schedule to the Gender Recognition (Application Fees) Order 2006^f2 (remissions and part remissions);

(c)

Schedule 2 to the Court of Protection Fees Order 2007^f3 (remissions and part remissions);

(d)

Schedule 2 to the Magistrates’ Courts Fees Order 2008^f4 (remissions and part remissions);

(e)

Schedule 2 to the Civil Proceedings Fees Order 2008^f5 (remissions and part remissions);

(f)

Schedule 2 to the Family Proceedings Fees Order 2008^f6 (remissions and part remissions);

F1(g)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(h)

Schedule 2 to the Upper Tribunal (Lands Chamber) Fees Order 2009^f7 (remissions and part remissions);

(i)

Schedule 2 to the First-tier Tribunal (Gambling) Fees Order 2010^f8 (remissions and part remissions);

(j)

Schedule 2 to the Upper Tribunal (Immigration and Asylum) (Judicial Review) (England and Wales) Fees Order 2011^f9 (remissions and part remissions);

(k)

Schedule 1 to the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011^f10 (remissions and part remissions);

(l)

Schedule 2 to the First-tier Tribunal (Property Chamber) Fees Order 2013^f11 (remissions and part remissions).

Signature

Signed by authority of the Lord Chancellor and Secretary of State

Chris Philp

Parliamentary Under Secretary of State

Ministry of Justice

2nd September 2021

We agree and consent

Alan Mak

Maggie Throup

Two of the Lords Commissioners of Her Majesty’s Treasury

27th August 2021

Explanatory note

(This note is not part of the Order)

Part 2 of this Order amends the Court of Protection Fees Order 2007 (S.I. 2007/1745), the Magistrates’ Courts Fees Order 2008 (S.I. 2008/1052), the Civil Proceedings Fees Order 2008 (S.I. 2008/1053) and the Family Proceedings Fees Order 2008 (S.I. 2008/1054), in order to increase certain court fees in line with inflation.

Part 3 of this Order amends the Non-Contentious Probate Fees Order 2004 (S.I. 2004/3120), the Gender Recognition (Application Fees) Order 2006 (S.I. 2006/758), S.I. 2007/1745, S.I. 2008/1052, S.I. 2008/1053, S.I. 2008/1054, the Supreme Court Fees Order 2009 (S.I. 2009/2131), the Upper Tribunal (Lands Chamber) Fees Order 2009 (S.I. 2009/1114), the First-tier Tribunal (Gambling) Fees Order 2010 (S.I. 2010/42), the Upper Tribunal (Immigration and Asylum) (Judicial Review) (England and Wales) Fees Order 2011 (S.I. 2011/2344), the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 2011 (S.I. 2011/2841), the First-tier Tribunal (Property Chamber) Fees Order 2013 (S.I. 2013/1179), in order to increase the help with fees gross monthly income threshold and the gross monthly income cap in line with inflation.

A full impact assessment of the effect that this instrument will have on them costs of business, the voluntary sector and the public sector is available from the Ministry of Justice, 102 Petty France, London, SW1H 9AJ and is published with an Explanatory Memorandum alongside the instrument on https://legislation.gov.uk.