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The Magistrates’ Courts Fees (Amendment) Order 2010

S.I. 2010/731 · Made 8 March 2010

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.

Magistrates’ Courts, England And Wales

Made 8th March 2010

Laid before Parliament 12th March 2010

Coming into force 6th April 2010

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the power conferred by section 92 of the Courts Act 2003f1.

In accordance with sections 92(5) and (6) of that Act the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Annotations to the whole text

Footnotes

f1

2003 c. 39. Section 92 was amended by paragraphs 308 and 345 of Schedule 4 of the Constitutional Reform Act 2005 (c.4).

Contents

  1. 1Citation and Commencement
  2. 2Amendment of the Magistrates’ Courts Fees Order 2008
  3. 3Amendment of the Magistrates’ Courts Fees Order 2008
  4. 4Amendment of the Magistrates’ Courts Fees Order 2008
  5. 5Amendment of the Magistrates’ Courts Fees Order 2008
  6. 6Amendment of the Magistrates’ Courts Fees Order 2008
  7. Signature
  8. Explanatory note

1Citation and Commencement

This Order may be cited as the Magistrates’ Courts Fees (Amendment) Order 2010 and shall come into force on 6th April 2010.

2Amendment of the Magistrates’ Courts Fees Order 2008

The Magistrates’ Courts Fees Order 2008f1 is amended as follows.

3Amendment of the Magistrates’ Courts Fees Order 2008

In paragraph 3(1)(a) for “matters (except for the supply of a document prepared for use in connection with a criminal matter but which is for use in connection with a matter which is not a criminal matter)” substitute “proceedings (except for documents that were used in, or result from, criminal proceedings that are subsequently required for civil or family proceedings)”.

4Amendment of the Magistrates’ Courts Fees Order 2008

In Schedule 1, fee 4.1 after “Council Tax (Administration and Enforcement) Regulations 1992f1” insert “or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989f2”.

5Amendment of the Magistrates’ Courts Fees Order 2008

In Schedule 1, substitute fee 9 with:—

“

9 Proceedings under the Human Fertilisation and Embryology Act 2008f1

9.1 On an application under section 54 (parental order).£175

”

6Amendment of the Magistrates’ Courts Fees Order 2008

In Schedule 1, fee 17.1 after “Council Tax (Administration and Enforcement) Regulations 1992” insert “or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989”.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

4th March 2010

We consent,

Tony Cunningham

Dave Watts

Two of the Lords Commissioners of Her Majesty’s Treasury

8th March 2010

Explanatory note

(This note is not part of the Order)

This Order amends the Magistrates’ Courts Fees Order 2008 (S.I. 2008/1052) as follows.

Paragraph 3(1)(a) is amended to clarify that, in civil or family proceedings, a fee may be charged to access documents that were used in, or result from, criminal proceedings.

In Schedule 1, fees 4 and 17 are amended so to include fees for obtaining a liability order or warrant for commitment in respect of non domestic rates under the Local Government Finance Act 1988.

Fee 9 is amended to replace the reference to the Human Fertilisation and Embryology Act 1990 with the Human Fertilisation and Embryology Act 2008.