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The Magistrates' Courts Fees (Amendment) Order 2024

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2024, ISBN 9780348261387

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.

Draft Order laid before Parliament under section 180(7) of the Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), for approval by resolution of each House of Parliament.

MAGISTRATES' COURTS, ENGLAND AND WALES

Made

Coming into force in accordance with article 1

The Lord Chancellor, with the consent of the Treasury, makes this Order in exercise of the powers conferred by section 92(1) and (2) of the Courts Act 2003f1 and section 180(1) of the Anti-social Behaviour, Crime and Policing Act 2014f2.

The Lord Chancellor has had regard to the matters referred to in section 180(3) of the Anti-social Behaviour, Crime and Policing Act 2014.

In accordance with section 92(5) and (6) of the Courts Act 2003, the Lord Chancellor has consulted with the Lady Chief Justice, the Master of the Rolls, the President of the King’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 the Civil Justice Council.

A draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament in accordance with section 180(7) of the Anti-social Behaviour, Crime and Policing Act 2014.

Annotations to the whole text

Footnotes

f1

2003 c. 39. Section 92 was amended by paragraph 345 of Schedule 4 to the Constitutional Reform Act 2005; there are other amendments not relevant to this Order.

f2

2014 c. 12.

Contents

  1. 1Citation and commencement
  2. 2Amendment to the Magistrates’ Court Fees Order 2008
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Magistrates' Courts Fees (Amendment) Order 2024 and comes into force on the day after the day on which it is made.

2Amendment to the Magistrates’ Court Fees Order 2008

In the table in Schedule 1 to the Magistrates’ Courts Fees Order 2008f1, in column 2 (amount of fee), for the entry corresponding to fee 4.1 (proceedings under the Council Tax (Administration and Enforcement) Regulations 1992f2 or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989f3 on an application for a liability order), substitute “50p”.

Signature

On behalf of the Lord Chancellor

Name

Parliamentary Under Secretary of State

Ministry of Justice

We consent

Name

Name

Two of the Lords Commissioners of His Majesty's Treasury

Explanatory note

(This note is not part of the Order)

By virtue of section 180(1) Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) (“the Act”), the Lord Chancellor may, with the consent of the Treasury, prescribe certain court fees of an amount which is intended to exceed the cost of the matter in respect of which the fee is charged. Under section 180(7) of the Act the use of that power is subject to the affirmative Parliamentary procedure.

This Order amends the Magistrates’ Courts Fees Order 2008 (S.I. 2008/1052) by restating the value of the fee for an application for a liability order in proceedings under the Council Tax (Administration and Enforcement) Regulations 1992 (S.I. 1992/613) or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 (S.I. 1989/1058) in reliance on s. 180(1) of the Act, thereby authorising that the fee may recover an amount which exceeds the cost to His Majesty’s Courts and Tribunals Service of processing such applications.