# The Family Proceedings Fees (Amendment) Order (Northern Ireland) 1998

S.R. 1998/408 · made 18 November 1998

This Order amends the Family Proceedings Fees Order (Northern Ireland) 1996 so as to increase a number of the fees to be taken in family proceedings, in the High Court and county courts.

Made under: Judicature (Northern Ireland) Act 1978 (Section 116)

## Introductory text

FAMILY PROCEEDINGS
SUPREME COURT
COUNTY COURT
Made 18th November 1998
Coming into operation 1st December 1998
The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) of the Judicature (Northern Ireland) Act 1978, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:–

## 1 Citation and commencement

This Order may be cited as the Family Proceedings Fees (Amendment) Order (Northern Ireland) 1998 and shall come into operation on 1st December 1998.

## 2 Fees to be taken in family proceedings

For the Schedule to the Family Proceedings Fees Order (Northern Ireland) 1996 there shall be substituted the new Schedule set out in the Schedule to this Order.

## Signature

Irvine of Lairg, C.
Dated 12th November 1998
We concur,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 18th November 1998

## 

SCHEDULE
Fees to be taken in Family Proceedings
Article 4
Column 1
Column 2
Column 3
Item
Fee £
Document to be endorsed
Commencement of Proceedings
1 (a) On sealing an originating summons
155.00
The filed copy
(b) On sealing any petition other than a second petition presented with leave granted under rule 2.6(3)–
(i) When the petition is presented to the High Court
150.00
The filed copy
(ii) When the petition is presented to a divorce county court
135.00
The filed copy
NOTE: Fees to include provision for the number of initial copies required for service
Entering and Setting Down for trial in court
2 On entering or setting down any cause or matter for trial, hearing or further consideration in court, except where it is otherwise provided for in this Schedule
(a) High Court petition
85.00
The setting down docket
(b) County Court petition
75.00
The setting down docket
Certificate of Decree Absolute
3 On filing an application for a certificate of Decree Absolute
20.00
The filed copy
Proceedings under the Children (Northern Ireland) Order 1995
4 On filing an application or requesting leave under the following provisions of the Children (Northern Ireland) Order 1995–
Parental Responsibility, Guardians, Article 8 orders
(a) Article 7(1)(a) or (4), 10(1) or (2), 159(1);
30.00
The filed copy
(b) Article 13(1) or 163(1)
20.00
The filed copy
Financial Provision for Children
(c) paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1
30.00
The filed copy
(d) paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1
20.00
Secure Accommodation
(e) Article 44
No fee
Care, Supervision etc
(f) Article 50
55.00
The filed copy
(g) Article 52(7), 57(8)(b), 58(1), (2), (3) or (4), paragraph 6(3) of Schedule 3 or paragraph 10(3) of Schedule 8
20.00
The filed copy
Contact with child in care
(h) Article 53(2), (3), (4) or (9)
20.00
The filed copy
Placement Abroad
(i) Article 33(1)
20.00
The filed copy
Education supervision
(j) Article 55(1)
55.00
The filed copy
(k) paragraph 5(2) or 7(1) of Schedule 4
20.00
The filed copy
Child Assessment
(l) Article 62(1)
55.00
The filed copy
(m) Article 62(12)
20.00
The filed copy
Emergency Protection
(n) Article 63, 64 and 67
No fee
Recovery of children
(o) Article 69
No fee
Miscellaneous
(p) Article 178
20.00
The filed copy
(q) On commencing an appeal under Article 166 or Article 41(11)
(i) to the county court
36.00
(ii) to the High Court
45.00
NOTE: Where an application requires leave of the court the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made.
Application for Ancillary Relief
5 On filing a notice of application for ancillary relief
45.00
The filed copy
Other Application in Proceedings
6 On any application in matrimonial proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made
(i) to a master
45.00
The filed copy
(ii) to a judge
50.00
The filed copy
Writ of subpoena & Witness Summonses
7 On sealing a writ of subpoena or issuing a witness summons per person
6.00
The filed copy
Copies of Documents
8 (a) Personal Applications
(i) for a copy of all or part of any document, issued as an office copy for each page
1.00
The requisition
(ii) for a certified copy of any document per page
3.00
The requisition
(iii) for a sealed and certified copy of any document per page
3.50
The requisition
(b) Postal Applications in addition to the fees at 8(a) above for a copy of any of the documents referred to
5.00
The requisition
Searches and Inspections
9 (a) On making a search in the index of Parental Responsibility Agreements kept in the Office of Care and Protection in accordance with regulations made under Article 7 of the Children (Northern Ireland) Order 1995 and, if appropriate providing a copy of an agreement
20.00
The requisition
(b) On a search (including inspection) other than one for which a fee is prescribed under 9(a) above
5.00
The requisition
(c) For an official certificate of the result of a search in any index
5.00
The requisition
(d) Postal applications, in addition to the fee at 9(c) above
5.00
The requisition
Miscellaneous
10 For signing, settling or approving an advertisement
5.00
The requisition
Appeals
11 (a) On filing a notice of appeal from a master to a judge in chambers
50.00
The filed copy
(b) On entering any appeal (including an interlocutory appeal) to the Court of Appeal
155.00
The notice of appeal or requisition
Taxation
12 (a) On the taxation of a bill of costs:
Where the amount allowed does not exceed £5
1.00
The bill
Where the amount allowed exceeds £5 but does not exceed £100, for every £1 or fraction thereof–
0.15
Where the amount allowed exceeds £100–
The bill
(i) for the first £100
22.00
The bill
(ii) for every £1 or fraction thereof over £100
0.15
(b) On withdrawal of a bill of costs which has been lodged for taxation
Such fee (not exceeding the amount which would have been payable under Fee No. 12(a) if the bill had been allowed in full) as shall appear to the taxing master to be fair and reasonable
NOTE: The taxing master may in any case require the bill of costs to be stamped before taxation with the whole or part of the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.
Enforcement
13 On any application for enforcement of a matrimonial order
35.00
The filed copy

## Explanatory note

(This note is not part of the Order.)
This Order amends the Family Proceedings Fees Order (Northern Ireland) 1996 so as to increase a number of the fees to be taken in family proceedings, in the High Court and county courts.

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Source: https://www.legislation.gov.uk/nisr/1998/408 (the official version)
Page: https://openlegislation.uk/family-proceedings-fees-amendment-order-northern-ireland-1998
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.