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The Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 2017

S.R. 2017/12 · Made 16 January 2017

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.

Judgments (enforcement)

Made 16th January 2017

Coming into operation in accordance with Article 1

The Department of Justice, in exercise of the powers conferred by section 116(1) and (1A) 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 Lord Chief Justice.

Annotations to the whole text

Footnotes

f1

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

f2

Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).

f3

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, commencement and interpretation
  2. 2Amendments to the principal Order
  3. 3Amendments to the principal Order
  4. Signature
  5. Schedule Schedule
  6. Explanatory note

1Citation, commencement and interpretation

(1)

This Order may be cited as the Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 2017.

(2)

Articles 1 and 3 shall come into operation on 1st April 2017.

(3)

Article 2 shall come into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016f1.

(4)

In this Order “the principal Order” means the Judgment Enforcement Fees Order (Northern Ireland) 1996 f2.

2Amendments to the principal Order

In Article 9(2) (Exemptions and refunds) of the principal Order—

(a)

at the end of sub-paragraph (d) for “.” substitute “;”; and

(b)

after sub-paragraph (d) insert—

“(e)

universal credit paid under Part 2 of the Welfare Reform (Northern Ireland) Order 2015f1.”.

3Amendments to the principal Order

For the Schedule to the principal Order there shall be substituted the new Schedule set out in the Schedule to this Order.

Signature

Sealed with the Official Seal of the Department of Justice on 16th January 2017

L.S.

Claire Sugden

Minister of Justice

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

Sealed with the Official Seal of the Department of Finance on 16th January 2017

L.S.

Emer Morelli

A senior officer of the

Department of Finance

“SCHEDULE

Fees

Article 4

PART 1

Column 1Column 2Column 3
No. of FeeItemAmount of Fee
As from 01/04/17As from 01/04/18As from 01/04/19
1On lodging notice of intent to apply for enforcement under rule 6; in respect of each person to be served£22.00£24.00£25.00
2On lodging an application for enforcement under Article 22 of the Order; in respect of each respondent
Where the sum due on foot of the judgment—
(1) does not exceed £30033p in the £1.00 Minimum fee £17.0035p in the £1.00 Minimum fee £18.0037p in the £1.00 Minimum fee £19.00
(2) exceeds £300 but does not exceed £1,000£107.00 plus £13.00 per additional £100.00 or part thereof of the sum due in excess of £300£115.00 plus £14.00 per additional £100.00 or part thereof of the sum due in excess of £300£121.00 plus £15.00 per additional £100.00 or part thereof of the sum due in excess of £300
(3) exceeds £1,000 but does not exceed £3,000£231.00 plus £9.00 per additional £100.00 or part thereof of the sum due in excess of £1,000£248.00 plus £10.00 per additional £100.00 or part thereof of the sum due in excess of £1,000£260.00 plus £11.00 per additional £100.00 or part thereof of the sum due in excess of £1,000
(4) exceeds £3,000 but does not exceed £10,000£479.00 plus £3.00 per additional £100.00 or part thereof of the sum due in excess of £3,000£515.00 plus £3.00 per additional £100.00 or part thereof of the sum due in excess of £3,000£541.00 plus £3.00 per additional £100.00 or part thereof of the sum due in excess of £3,000
(5) exceeds £10,000£710.00 plus £2.00 per additional £100.00 or part thereof of the sum due in excess of £10,000£763.00 plus £2.00 per additional £100.00 or part thereof of the sum due in excess of £10,000£801.00 plus £2.00 per additional £100.00 or part thereof of the sum due in excess of £10,000
3On lodging an application under Article 23 (1) of the Order, including one copy of the report: for each respondent£165.00£177.00£186.00
Where an application is made under Article 22 of the Order subsequent to an application under Article 23 (1) of the Order the fee paid under Fee No 2 shall be reduced by the amount of the fee paid under Fee No 3.
4On lodging an application for repossession of land£567.00£610.00£641.00
5On lodging an application for restitution of goods£182.00£196.00£206.00
6On lodging an application under rule 104£22.00£24.00£25.00
7(1) On an application for a search in the register of judgments£9.00£10.00£11.00
(2) Additional payment where the search is carried out by an officer of the court£11.00£12.00£13.00
8On a copy document
(a) 5 sheets or less£6.00£6.00£6.00
(b) for each sheet thereafter£0.50£0.50£0.50
9For a Certificate of Satisfaction£17.00£18£19.00
10On an Administration Order made under Article 80 of the OrderFor every £1.00 of the money paid into the Office in respect of debts due to creditors, 11pFor every £1.00 of the money paid into the Office in respect of debts due to creditors, 12pFor every £1.00 of the money paid into the Office in respect of debts due to creditors, 13p
This fee is payable out of the money paid into the Office
11(i) For the removal, in accordance with a seizure order under Article 31 of the Order, of goods, or taking steps to remove such goods to a place of deposit. This fee includes the reasonable expenses of feeding and caring for animalsThe reasonable expenses thereofThe reasonable expenses thereofThe reasonable expenses thereof
(ii) For any sale by auction of property seized (to cover all the expenses of sale or incurred in connection therewith including valuation, advertisement, auctioneers’ fees)The reasonable expenses thereofThe reasonable expenses thereofThe reasonable expenses thereof
(iii) Where goods are sold otherwise than at auction, for the valuation of the goodsThe reasonable expenses thereofThe reasonable expenses thereofThe reasonable expenses thereof

PART II

JUDGMENT ENFORCEMENT (RECOVERY OF ADMITTED DEBTS) RULES (NORTHERN IRELAND) 1985

Recovery of Certain Debts Without Judgment

Column 1Column 2Column 3
No. of FeeItemAmount of Fee
As from 01/04/17As from 01/04/18As from 01/04/19
12On lodging notice of intention to apply for recovery of debt under rule 8; in respect of each person to be served£17.00£18.00£19.00
13On lodging an application for recovery of debt under Article 95 (1) of the Order; in respect of each debtor£17.00£18.00£19.00
14

On the Chief Enforcement Officer’s direction for recovery of an admitted debt under rule 16 (1): in respect of each debtor

Where the admitted debt—

(1) does not exceed £30033p in the £1.00 less £15.00 Minimum fee £11.00

35p in the £1.00 less £15.00

Minimum fee £12.00

37p in the £1.00 less £15.00

Minimum fee £13.00

(2) exceeds £300 but does not exceed £1,000£90.00 plus £13.00 per additional £100.00 or part thereof of the debt in excess of £300£97.00 plus £14.00 per additional £100.00 or part thereof of the debt in excess of £300£102.00 plus £15.00 per additional £100.00 or part thereof of the debt in excess of £300
(3) exceeds £1,000 but does not exceed £3,000£215.00 plus £9.00 per additional £100.00 or part thereof of the debt in excess of £1,000£231.00 plus £10.00 per additional £100.00 or part thereof of the debt in excess of £1,000£243.00 plus £11.00 per additional £100.00 or part thereof of the debt in excess of £1,000
15On lodging a certificate of corresponding debt under rule 18: in respect of each debtor£17.00£18.00£19.00
16On the Master’s direction for enforcement of corresponding debt under rule 20(1): in respect of each debtor
Where the sum certified as corresponding debt-
(1) does not exceed £30033p in the £1.00 less £15.00 Minimum fee £11.00

35p in the £1.00 less £15.00

Minimum fee £12.00

37p in the £1.00 less £15.00

Minimum fee £13.00

(2) exceeds £300 but does not exceed £1,000£90.00 plus £13.00 per additional £100.00 or part thereof of the debt in excess of £300£97.00 plus £14.00 per additional £100.00 or part thereof of the debt in excess of £300£102.00 plus £15.00 per additional £100.00 or part thereof of the debt in excess of £300
(3) exceeds £1,000 but does not exceed £3,000£215.00 plus £9.00 per additional £100.00 or part thereof of the debt in excess of £1,000£231.00 plus £10.00 per additional £100.00 or part thereof of the debt in excess of £1,000£243.00 plus £11.00 per additional £100.00 or part thereof of the debt in excess of £1,000

”

Explanatory note

(This note is not part of the Order)

This Order amends the Judgment Enforcement Fees Order (Northern Ireland) 1996 (S.R. 1996 No. 101) to increase the fees payable in respect of the enforcement of judgments under the Judgments Enforcement (Northern Ireland) Order 1981 over a three year period (10% increase effective from 1 April 2017, 7.5% increase effective from 1 April 2018 with a further 5% increase effective from 1 April 2019). The Order also updates the qualifying benefits for the purpose of exemptions from fees in consequence of part 2 of the Welfare Reform (Northern Ireland) Order 2015.

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