The Family Proceedings Fees (Amendment) Order (Northern Ireland) 2019

This Order may be cited as the Family Proceedings Fees (Amendment) Order (Northern Ireland) 2019 and shall come into operation on 1st October 2019.

The Family Proceedings Fees Order (Northern Ireland) 1996^f1 is amended as follows.

In Article 4(3) (Fees payable in family proceedings) at the beginning insert “Subject to Article 10,”.

In Article 8 (Exemptions and Refunds) at the beginning of paragraph (1) insert “Subject to Article 10,”.

After Article 9 insert—

“Exceptions to Remissions and Exemptions

10.

No reduction or remission under Article 4(3) or exemption under Article 8 is available in respect of the fees prescribed by this Order for—

(a)

copy (including a photographic copy) documents;

(b)

searches, inspections and a certificate of the result of a search.”.

For the Schedule substitute the new Schedule set out in the Schedule to this Order.

“SCHEDULE

Article 4

Fees to be taken in Family Proceedings

Column 1			Column 2	Column 3
Item			Fee £	Document to be endorsed
1.	Commencement of Proceedings
	(a)	On sealing an originating summons	261.00	The filed copy
	(b)	On sealing any petition other than a second petition presented with leave granted under rule 2.6(3) or (3A)—
		(i) When the petition is presented to the High Court	261.00	The filed copy
		(ii) When the petition is presented to a divorce county court or civil partnership proceedings county court	261.00	The filed copy
	(c)	On filing an answer/reply to a petition/answer	130.00	The filed copy
	(d)	Personal Application Fee for a matrimonial interview	65.00	The requisition
NOTE: Fees to include provision for the number of initial copies required for service
2.	Entering and Setting Down for trial in court
	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	392.00	The setting down docket
	(b)	County Court petition	327.00	The setting down docket
3.	Certificate of Decree Absolute or Final Order
	On filing an application for a certificate of Decree Absolute or Making Conditional Order Final		98.00	The filed copy
4.	Proceedings under the Children (Northern Ireland) Order 1995
	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);
		(i) High Court	130.00
		(ii) County Court	98.00	The filed copy
	(b)	Article 13(1) or 163(1)
		(i) High Court	98.00
		(ii) County Court	75.00	The filed copy
	Financial Provision for Children
	(c)	Paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1		The filed copy
		(i) High Court	130.00
		(ii) County Court	98.00
	(d)	Paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1
		(i) High Court	98.00
		(ii) County Court	75.00
	Secure Accommodation
	(e)	Article 44
		(i) High Court	130.00
		(ii) County Court	98.00
	Care, Supervision etc
	(f)	Article 50		The filed copy
		(i) High Court	130.00
		(ii) County Court	98.00
	(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		The filed copy
		(i) High Court	98.00
		(ii) County Court	75.00
	Contact with child in care
	(h)	Article 53(2), (3), (4) or (9)		The filed copy
		(i) High Court	98.00
		(ii) County Court	75.00
	Placement abroad
	(i)	Article 33(1)		The filed copy
		(i) High Court	98.00
		(ii) County Court	75.00
	Education Supervision
	(j)	Article 55(1)		The filed copy
		(i) High Court	130.00
		(ii) County Court	98.00
	(k)	Paragraph 5(2) or 7(1) of Schedule 4		The filed copy
		(i) High Court	98.00
		(ii) County Court	75.00
	Child Assessment
	(l)	Article 62(1)		The filed copy
		(i) High Court	130.00
		(ii) County Court	98.00
	(m)	Article 62(12)		The filed copy
		(i) High Court	98.00
		(ii) County Court	75.00
	Emergency Protection
	(n)	Article 63
		(i) High Court	0.00
		(ii) County Court	0.00
	Recovery of Children
	(o)	Article 69
		(i) High Court	130.00
		(ii) County Court	98.00
	Miscellaneous
	(p)	Article 178		The filed copy
		(i) High Court	98.00
		(ii) County Court	75.00
	(q)	On commencing an appeal under Article 166 or Article 41(11)
		(i) to the County Court	98.00
		(ii) to the High Court	130.00
	(r)	On any application brought under form C2
		(i) High Court	98.00
		(ii) County Court	75.00
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
5.	Proceedings under the Family Homes and Domestic Violence (Northern Ireland) Order 1998
	(a)	Application for a non-molestation or occupation order
		(i) High Court	0.00
		(ii) County Court	0.00
	(c)	On an ex-parte (emergency) application	0.00
	(d)	On the following full application	0.00
	(f)	Application under the Family Homes and Domestic Violence Order not otherwise provided for	0.00
6.	Application for Ancillary Relief
	On filing a notice of application for ancillary relief			The filed copy
		(i) High Court	392.00
		(ii) County Court	327.00
7.		Other Application in Proceedings
	(a)	On any application in matrimonial proceedings or civil partnership proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made
		(i) to a master	151.00	The filed copy
		(ii) to a judge	195.00	The filed copy
	(b)	Ex-parte application to remove a petitioner’s address from the petition	75.00 (charged at the judge’s discretion)
8.		Writ of Subpoena & Witness Summonses
		On sealing a writ of subpoena or issuing a witness summons per person	39.00	The filed copy
9.	Copies of Documents
		On a copy, including a photographic copy, of all or any part of any document not otherwise provided for—
	(a)	Five sheets or less	6.00	The requisition
	(b)	For each sheet thereafter	0.50	The requisition
	(c)	On a copy order/decree including certified or sealed	14.00
	(d)	On a copy order/decree produced online	12.00
	(e)	On an audio recording in any court proceedings – for each hour recorded or part thereof	34.00
10.	Searches and Inspections
	(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	26.00	The requisition
	(b)	(i) On a search (including inspection) other than one for which a fee is prescribed under 10(a) above	26.00	The requisition
		(ii) Additional fee where the search is carried out by an Officer of the court	14.00
	(c)	For an official certificate of the result of a search in any index	39.00	The requisition
11.	Miscellaneous
		For signing, settling or approving an advertisement	39.00	The requisition
12.	Appeals
	(a)	On filing a notice of appeal from a master to a judge in chambers	261.00	The filed copy
	(b)	On entering any appeal (including an interlocutory appeal) to the Court of Appeal	652.00	The notice of appeal or requisition
13.	Taxation
	(a)	On lodgement of a bill of costs. Provided that where the bill is taxed credit for this fee is to be given against the final amount payable	5% of original bill	The bill
	(b)	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—	0.20	The bill
		Where the amount allowed exceeds £100—
		(i) for the first £100	30.00	The bill
		(ii) for every £1 or fraction thereof over £100	0.20	The bill
	(c)	On withdrawal of a bill of costs which has been lodged for taxation	In addition to 13(a) such fee (not exceeding the amount which would have been payable under Fee No.13 (b) if the bill had been allowed in full) as shall appear to the taxing master to be fair and reasonable having regard to the amount of work done in the office
NOTE: In addition to 13(b) 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.
14.	Enforcement
		On any application for enforcement of a matrimonial order or civil partnership order	195.00	The filed copy

”

(This note is not part of the Order)