Article 4 Application feeI1
England and Wales
An application fee shall be payable by the applicant on making an application under F1Part 9 of the Rules (how to start and respond to proceedings, and parties to proceedings) in accordance with the following provisions of this article.
Where permission to start proceedings is required under Part 8 of the Rules (permission), the fee prescribed by paragraph (1) shall be payable on making an application for permission.
The fee prescribed by paragraph (1) shall not be payable where the application is made under—
F2rule 9.7 of the Rules (applications relating to lasting powers of attorney) by—
the donee of a lasting power of attorney, or
a person named in a statement made by the donor of a lasting power of attorney in accordance with paragraph 2(1)(c)(i) of Part 1 of Schedule 1 to the Act,
and is solely in respect of an objection to the registration of a lasting power of attorney; or
F3rule 9.8 of the Rules (applications relating to enduring powers of attorney) by—
a donor of an enduring power of attorney,
an attorney under an enduring power of attorney, or
a person listed in paragraph 6(1) of Part 3 of Schedule 4 to the Act,
and is solely in respect of an objection to the registration of an enduring power of attorney.
The fee prescribed by paragraph (1) shall not be payable where the application is made by the Public Guardian.
Where a fee has been paid under paragraph (1) it shall be refunded where P dies within five days of the application being filed.
Annotations
Textual amendments
- F1
Words in art. 4(1) substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 4(3)(a)
- F2
Words in art. 4(3)(a) substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 4(3)(b)
- F3
Words in art. 4(3)(b) substituted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 4(3)(c)