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The Family Proceedings Fees (Amendment) Order (Northern Ireland) 2023

S.R. 2023/167 · Made 10 October 2023 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 1 November 2023.

Family Proceedings

Court Of Judicature

County Court

Made 10th October 2023

Coming into operation 1st November 2023

The Department of Justice, in exercise of the powers conferred by section 116(1) of the Judicature (Northern Ireland) Act 1978f1 and now vested in itf2, makes the following Order with the concurrence of the Department of Financef3.

The Department has, in accordance with section 116(1) of that Act, consulted with the Lady Chief Justice.

Annotations to the whole text

Footnotes

f1

1978 c. 23 as amended by s.59 of the Justice Act (Northern Ireland) 2016 (2016 c. 21 (N.I.)).

f2

Article 15(1) and paragraph 6(h) of Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).

f3

Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976). Formerly the Department of Finance and Personnel, see the Departments Act (Northern Ireland) 2016 (2016 c. 5 (N.I.)), section 1(4) and Schedule 1.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Family Proceedings Fees Order (Northern Ireland) 1996
  3. 3Amendment of the Family Proceedings Fees Order (Northern Ireland) 1996
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1Citation and commencementI1

This Order may be cited as the Family Proceedings Fees (Amendment) Order (Northern Ireland) 2023 and shall come into operation on 1st November 2023.

2Amendment of the Family Proceedings Fees Order (Northern Ireland) 1996I1

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

3Amendment of the Family Proceedings Fees Order (Northern Ireland) 1996I1

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

Signature

Sealed with the Official Seal of the Department of Justice on 10th October 2023

L.S.

Richard Pengelly

A senior officer of the Department of Justice

The Department of Finance concurs in the making of this Order.

Sealed with the Official Seal of the Department of Finance on 10th October 2023

L.S.

Patrick Neeson

A senior officer of the Department of Finance

I1

“SCHEDULE

Article 4

Fees to be taken in Family Proceedings

Column 1Column 2Column 3
ItemFee £Document to be endorsed
As from 01/11/23As from 01/10/24
1.Commencement of Proceedings
(a)On sealing an originating summons284.00310.00The 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 Court284.00310.00The filed copy
(ii) When the petition is presented to a county court284.00310.00The filed copy
(c)On filing an answer/reply to a petition/answer142.00155.00The filed copy
(d)Personal Application Fee for a matrimonial interview71.0077.00The 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 petition427.00465.00The setting down docket
(b)County Court petition356.00388.00The 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 Final107.00117.00The 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);The filed copy
(i) High Court142.00155.00
(ii) County Court107.00117.00
(b)Article 13(1) or 163(1)The filed copy
(i) High Court107.00117.00
(ii) County Court82.0089.00
Financial Provision for Children
(c)Paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1The filed copy
(i) High Court142.00155.00
(ii) County Court107.00117.00
(d)Paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1
(i) High Court107.00117.00
(ii) County Court82.0089.00
Secure Accommodation
(e)Article 44
(i) High Court142.00155.00
(ii) County Court107.00117.00
Care, Supervision etc
(f)Article 50The filed copy
(i) High Court142.00155.00
(ii) County Court107.00117.00
(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 8The filed copy
(i) High Court107.00117.00
(ii) County Court82.0089.00
Contact with child in care
(h)Article 53(2), (3), (4) or (9)The filed copy
(i) High Court107.00117.00
(ii) County Court82.0089.00
Placement abroad
(i)Article 33(1)The filed copy
(i) High Court107.00117.00
(ii) County Court82.0089.00
Education Supervision
(j)Article 55(1)The filed copy
(i) High Court142.00155.00
(ii) County Court107.00117.00
(k)Paragraph 5(2) or 7(1) of Schedule 4The filed copy
(i) High Court107.00117.00
(ii) County Court82.0089.00
Child Assessment
(l)Article 62(1)The filed copy
(i) High Court142.00155.00
(ii) County Court107.00117.00
(m)Article 62(12)The filed copy
(i) High Court107.00117.00
(ii) County Court82.0089.00
Emergency Protection
(n)Article 63
(i) High Court0.000.00
(ii) County Court0.000.00
Recovery of Children
(o)Article 69
(i) High Court142.00155.00
(ii) County Court107.00117.00
Miscellaneous
(p)Article 178The filed copy
(i) High Court107.00117.00
(ii) County Court82.0089.00
(q)On commencing an appeal under Article 166 or Article 41(11)
(i) to the County Court107.00117.00
(ii) to the High Court142.00155.00
(r)On any application brought under form C2
(i) High Court107.00117.00
(ii) County Court82.0089.00
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 Court0.000.00
(ii) County Court0.000.00
(b)On an ex-parte (emergency) application0.000.00
(c)On the full application0.000.00
(d)Application under the Family Homes and Domestic Violence Order not otherwise provided for0.000.00
6.Application for Ancillary Relief
On filing a notice of application for ancillary reliefThe filed copy
(i) High Court427.00465.00
(ii) County Court356.00388.00
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 Master165.00180.00The filed copy
(ii) to a judge213.00232.00The filed copy
(b)Ex-parte application to remove a petitioner’s address from the petition82.0089.00
8.Writ of Subpoena & Witness Summonses
On sealing a writ of subpoena or issuing a witness summons per person43.0047.00The 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 less7.008.00The requisition
(b)for each sheet thereafter0.500.50The requisition
(c)on a copy order/decree including certified or sealed15.0016.00
(d)on a copy order/decree produced online13.0014.00
(e)on an audio recording in any court proceedings – for each hour recorded or part thereof37.0040.00
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 agreement28.0031.00The requisition
(b)(i) On a search (including inspection) other than one for which a fee is prescribed under 10(a) above28.0031.00The requisition
(ii) Additional fee where the search is carried out by an Officer of the court15.0016.00
(c)For an official certificate of the result of a search in any index43.0047.00The requisition
11.Miscellaneous
(a)For signing, settling or approving an advertisement43.0047.00The requisition
(b)On a request for certification of a pending action required under Rule 91(3) of the Land Registration Rules (Northern Ireland) 1994 or section 3(2) of the Registration of Deeds Act (Northern Ireland) 197098.00107.00The form to be certified
12.Appeals
(a)On filing a notice of appeal from a Master to a judge in chambers284.00310.00The filed copy
(b)On entering any appeal (including an interlocutory appeal) to the Court of Appeal711.00775.00The 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 payable5% of original bill5% of original billThe bill
(b)On the taxation of a bill of costs—
Where the amount allowed does not exceed £51.001.00The bill
Where the amount allowed exceeds £5 but does not exceed £100, for every £1 or fraction thereof—0.200.20The bill
Where the amount allowed exceeds £100—
(i) for the first £10030.0030.00The bill
(ii) for every £1 or fraction thereof over £1000.200.20The bill
(c)On withdrawal of a bill of costs which has been lodged for taxationIn 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 order213.00232.00The filed copy

”

Explanatory note

(This note is not part of the Order)

This Order amends the Family Proceedings Fees Order (Northern Ireland) 1996 (S.R. 1996 No. 495) to increase the majority of fees payable in respect of specified family proceedings in the High Court and County Court over a two year period (9% increase effective from 1st November 2023, with a further 9% increase effective from 1st October 2024) and to include the fee for certification of a pending action for the purpose of registering it as a burden affecting land (Fee 11(b)).

An Explanatory Memorandum and a Regulatory Impact Assessment have been produced and are available from the Northern Ireland Courts and Tribunals Service, Laganside House, 23-27 Oxford Street, Belfast BT1 3LA or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.