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The Family Proceedings Fees (Amendment) Order 2003

S.I. 2003/645 · Made 7 March 2003

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.

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

Made 7th March 2003

Laid before Parliament 11th March 2003

Coming into force 1st April 2003

The Lord Chancellor, in exercise of the powers conferred upon him by section 41 of the Matrimonial and Family Proceedings Act 1984f1 and section 415 of the Insolvency Act 1986f2, with the concurrence of the Treasury under section 41 of the Matrimonial and Family Proceedings Act 1984, and with the sanction of the Treasury under section 415(1) of the Insolvency Act 1986, makes the following Order.

Annotations to the whole text

Footnotes

f1

1984 c. 42.

f2

1986 c. 45.

Contents

  1. 1Citation, commencement and interpretation
  2. 2Citation, commencement and interpretation
  3. 3Amendments to the Family Proceedings Fees Order 1999
  4. 4Amendments to the Family Proceedings Fees Order 1999
  5. 5Amendments to the Family Proceedings Fees Order 1999
  6. 6Amendments to the Family Proceedings Fees Order 1999
  7. 7Amendments to the Family Proceedings Fees Order 1999
  8. 8Amendments to the Family Proceedings Fees Order 1999
  9. 9Amendments to the Family Proceedings Fees Order 1999
  10. 10Amendments to the Family Proceedings Fees Order 1999
  11. 11Amendments to the Family Proceedings Fees Order 1999
  12. 12Amendments to the Family Proceedings Fees Order 1999
  13. 13Amendments to the Family Proceedings Fees Order 1999
  14. 14Amendments to the Family Proceedings Fees Order 1999
  15. 15Amendments to the Family Proceedings Fees Order 1999
  16. 16Amendments to the Family Proceedings Fees Order 1999
  17. 17Amendments to the Family Proceedings Fees Order 1999
  18. 18Amendments to the Family Proceedings Fees Order 1999
  19. 19Amendments to the Family Proceedings Fees Order 1999
  20. 20Amendments to the Family Proceedings Fees Order 1999
  21. Signature
  22. Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the Family Proceedings Fees (Amendment) Order 2003 and shall come into force on 1st April 2003.

2Citation, commencement and interpretation

In this Order a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the Family Proceedings Fees Order 1999f1.

3Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 1.1, for “£120”, substitute “£130”.

4Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 1.2, for “£150”, substitute “£180”.

5Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 1.3, for “£40”, substitute “£60”.

6Amendments to the Family Proceedings Fees Order 1999

In column 2 of fees 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 2.11 and 2.12, for “£80”, wherever it occurs, substitute “£90”.

7Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 4.4, for “£80”, substitute “£120”.

8Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 8.1, for “£80”, substitute “£100”.

9Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 8.2, for “£130”, substitute “£160”.

10Amendments to the Family Proceedings Fees Order 1999

For fee 8.4, substitute—

“

Column 1Column 2
Number and description of feeAmount of fee
8.4

On an appeal against a decision made in detailed assessment proceedings

£100

”.

11Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 8.5, for “£20”, substitute “£30”.

12Amendments to the Family Proceedings Fees Order 1999

After fee 8.5 insert—

“

Column 1Column 2
Number and description of feeColumn 2 Amount of fee
8.6

On an application to set aside a default costs certificate

£60

”.

13Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 11.1, for “£10”, substitute “£20”.

14Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 12.1(a), for “£25”, substitute “£30”.

15Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 12.1(b), for “£45”, substitute “£50”.

16Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 12.5, for “£80”, substitute “£90”.

17Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 12.6, for “£80”, substitute “£90”.

18Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 12.7, for “£50”, substitute “£60”.

19Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 14.1, for “£20”, substitute “£30”.

20Amendments to the Family Proceedings Fees Order 1999

In column 2 of fee 14.4, for “£80”, substitute “£90”.

Signature

Irvine of Lairg, C.

3rd March 2003

We concur,

Jim Fitzpatrick

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 2003

Explanatory note

(This note is not part of the Order)

This Order amends the Family Proceedings Fees Order 1999. The table below sets out where fees have been increased or new fees introduced. In addition fee 8.4 has been split into two fees (fee 8.4 and fee 8.6).

Brief description of new feeOld Fee No.Curr Fee £New Fee £
1.1Filing originating proceedings (general)1.1120130
1.2Issue of a divorce petition1.2150180
1.3Application for a non molestation order1.34060
2.1–2.12Children Act Application2.1–2.128090
4.4Ancillary Relief application4.480120
8.1Request for detailed assessment where the party is legally aided or funded by LSC and no other party is ordered to pay the costs8.180100
8.2Request for detailed assessment of costs8.2130160
8.4Detailed assessment appeal8.450100
8.5Approval of a Costs Certificate8.52030
8.6Application to set aside default costs certificate8.45060
11.1Request for service by bailiff11.11020
12.1(a)Issue of warrant of execution up to £12512.1(a)2530
12.1(b)Issue of warrant of execution over £12512.1(b)4550
12.5Issue of judgment summons12.58090
12.6Issue of warrant of possession or delivery12.68090
12.7Application for attachment of earnings order12.75060
14.1Sealing writ of execution/possession/delivery (High Court)14.12030
14.4Application for a Judgment Summons (High Court)14.48090

A Regulatory Impact Assessment of the costs and benefits of this Order (and other Orders relating to court fees) was placed in the Libraries of both Houses of Parliament, and is available on the Court Service’s website at www.courtservice.gov.uk/using courts/fees