Article 3 I1

(1)

No fee is payable in respect of—

(a)

criminal F1proceedings (except for documents that were used in, or result from, criminal proceedings that are subsequently required for civil or family proceedings);

(b)

any summons, warrant, notice or order issued, given or made under sections 83(1) or (2), 88, 89 or 136 of the Magistrates’ Courts Act 1980^f1, or under any rule made for the purpose of those provisions; F2...

(c)

binding over proceedings F3; or

(d)

an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals).

(2)

In this article, “binding over proceedings” means any proceedings instituted (whether by way of complaint under section 115 of the Magistrates’ Courts Act 1980 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour.

Annotations

Textual amendments

F1: Words in art. 3(1)(a) substituted (6.4.2010) by The Magistrates’ Courts Fees (Amendment) Order 2010 (S.I. 2010/731), arts. 1, 3
F2: Word in art. 3(1)(b) omitted (1.5.2024) by virtue of The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 5(2)(a)
F3: Art. 3(1)(d) and word inserted (1.5.2024) by The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 (S.I. 2024/476), arts. 1(1), 5(2)(b)

Commencement

I1: Art. 3 in force at 1.5.2008, see art. 1

Footnotes

f1: 1980 c.43.