Article 2 Amendment to the Family Proceedings Fees Order 1991

For articles 3 and 4 of the Family Proceedings Fees Order 1991^f1 there shall be substituted the following:–

“3

No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,

(a)

is in receipt of legal advice and assistance under Part III of the Legal Aid Act 1988^f2 in connection with the matter to which the proceedings relate, or

(b)

is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992^f3 and is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings, or

(c)

is not a beneficiary of a trust fund in court of a value of more than £50,000 and is–

(i)

under the age of eighteen, or

(ii)

a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989^f4 is in force or is being applied for.

4

Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.”.