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The Non-Contentious Probate Fees (Amendment) Order 2008

S.I. 2008/2854 · Made 4 November 2008

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.

Supreme Court Of England And Wales

Made 4th November 2008

Laid before Parliament 5th November 2008

Coming into force 26th November 2008

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

In accordance with section 92(5) and (6) of the Courts Act 2003 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 is amended by paragraphs 308 and 345 of Schedule 4 to the Constitutional Reform Act (2005 c. 4) and by paragraphs 4(1) and (3) of Schedule 11 to that Act from a date to be appointed.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Non-Contentious Probate Fees Order 2004
  3. 3Amendment of the Non-Contentious Probate Fees Order 2004
  4. 4Amendment of the Non-Contentious Probate Fees Order 2004
  5. 5Amendment of the Non-Contentious Probate Fees Order 2004
  6. Signature
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Non-Contentious Probate Fees (Amendment) Order 2008 and shall come into force on 26th November 2008.

2Amendment of the Non-Contentious Probate Fees Order 2004

The Non-Contentious Probate Fees Order 2004f1 is amended as follows.

3Amendment of the Non-Contentious Probate Fees Order 2004

In Schedule 1, in fee 10, in column 2, for “2004” substitute “2008”.

4Amendment of the Non-Contentious Probate Fees Order 2004

In sub-paragraph (a) of Schedule 1A, in the definition of “party”, for “the party” substitute “the individual”.

5Amendment of the Non-Contentious Probate Fees Order 2004

In sub-paragraph 3(3) of Schedule 1A —

(1)

in paragraph (a), for “£279” substitute “£296”;

(2)

in paragraph (b), for “£198” substitute “£228”; and

(3)

in paragraph (c), for “£142” substitute “£150”.

Signature

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

4th November 2008

We consent,

Tony Cunningham

Steve McCabe

Two of the Lords Commissioners of Her Majesty’s Treasury

4th November 2008

Explanatory note

(This note is not part of the Order)

This Order amends the Non-Contentious Probate Fees Order 2004 as follows:

(a)

in fee 10, the reference to the Civil Proceedings Fees Order 2004 is updated to refer to the Civil Proceedings Fees Order 2008;

(b)

amends the definition of “party” in Schedule 1A, so that it refers to “individual” rather than “party”, in order that fee remissions do not apply to companies, partnerships or charities; and

(c)

the fixed deductions in sub-paragraph 3(3) of Schedule 1A are updated so that they are consistent with the fixed allowances other court fee orders.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.