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Article 7 Amendments to the Supreme Court Fees Order 2009I1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Supreme Court Fees Order 2009f1 is amended as follows.

(2)

For Schedule 2 (remissions and part remissions), substitute the Schedule to this Order, numbered as Schedule 2.

(3)

In paragraphs 16 (remission in exceptional circumstances) and 17 (refunds) of Schedule 2 so inserted, for “Lord Chancellor”, in each place, substitute “Chief Executive of the Supreme Court”.

(4)

For paragraph 18 (legal aid) of Schedule 2 so inserted, substitute—

“18.

A party is not entitled to a remission of a fee if, for the purpose of the proceedings to which the fee relates—

(a)

they are in receipt of the following services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012f2:

(i)

Legal representation; or

(ii)

Family help (higher);

(b)

they are in receipt of legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981f3; or

(c)

they are living in Scotland and are in receipt of legal aid.”.

(5)

At the end of Schedule 2 so inserted, add—

“Remission for charitable or not-for-profit organisations

21.

Where an application for permission to intervene in an appeal is filed by a charitable or not-for-profit organisation which seeks to make submissions in the public interest, the Chief Executive of the Supreme Court may reduce or remit the fee in that case.”.

Annotations

Commencement

I1

Art. 7 in force at 7.10.2013, see art. 1

Footnotes

f1

S.I. 2009/2131, amended by S.I. 2010/2582 and 2013/388.

f2

2012 c. 10.

f3

S.I. 1981/228 (N.I. 8).