The Supreme Court Fees (Amendment) Order 1997

S.I. 1997/2672 · Made 5 November 1997

SUPREME COURT OF ENGLAND & WALES

Made 5th November 1997

Laid before Parliament 7th November 1997

Coming into force 1st December 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981^f1, sections 414 and 415 of the Insolvency Act 1986^f2 and section 128 of the Finance Act 1990^f3, with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1: 1981 c. 54.
f2: 1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.
f3: 1990 c. 29.

1Citation, commencement and interpretation
2Citation, commencement and interpretation
3Amendments to the Supreme Court Fees Order 1980
4Amendments to the Supreme Court Fees Order 1980
5Amendments to the Supreme Court Fees Order 1980
Signature
Explanatory note

1Citation, commencement and interpretation

This Order may be cited as the Supreme Court Fees (Amendment) Order 1997 and shall come into force on 1st December 1997.

2Citation, commencement and interpretation

In this Order:—

(a)

an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980^f1;

(b)

a fee or column referred to by number means the fee or column so numbered in the Schedule to that Order;

(c)

a form referred to by number means the form so numbered in Appendix A to the Rules of the Supreme Court 1965^f2.

3Amendments to the Supreme Court Fees Order 1980

Article 5 shall be amended as follows:—

(a)

in paragraph (1)(a), for the words from “income support” to “1992” there shall be substituted “any qualifying benefit”;

(b)

after paragraph (1) there shall be inserted the following new paragraph:—

“(1A)

The following are qualifying benefits for the purposes of paragraph (1)(a) above: income support, family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992^f1, and income-based jobseeker’s allowance under the Jobseekers Act 1995^f2.”.

4Amendments to the Supreme Court Fees Order 1980

After Fee No. 4 there shall be inserted the following new fee:

“

Column 1 Column 2 Column 3

Item Fee £ Document to be marked
4A

On an application under the Arbitration Act 1996^f1 whereby High Court Proceedings are originated

120.00 The arbitration application (in Form No. 8A^f2)

”

Column 1	Column 2	Column 3
Item	Fee £	Document to be marked
4A On an application under the Arbitration Act 1996^f1 whereby High Court Proceedings are originated	120.00	The arbitration application (in Form No. 8A^f2)

5Amendments to the Supreme Court Fees Order 1980

After Fee No. 5D there shall be inserted the following new fee:

“

Column 1 Column 2 Column 3

Item Fee £ Document to be marked
5DA

On any of the following applications under the Arbitration Act 1996:

(a)

an application by consent before a judge

20.00 The draft order
(b)

an application by consent before a master or district judge, where an appointment is taken

30.00 The arbitration application (in Form No. 8A)
(c)

an application before a Judge where an appointment is taken, other than an application by consent or an ex parte application.

50.00 The arbitration application (in Form No. 8A)

”.

Column 1	Column 2	Column 3
Item	Fee £	Document to be marked
5DA On any of the following applications under the Arbitration Act 1996: (a) an application by consent before a judge	20.00	The draft order
(b) an application by consent before a master or district judge, where an appointment is taken	30.00	The arbitration application (in Form No. 8A)
(c) an application before a Judge where an appointment is taken, other than an application by consent or an ex parte application.	50.00	The arbitration application (in Form No. 8A)

Signature

Irvine of Lairg, C.

Dated 30th October 1997

We concur,

Bingham of Cornhill, C.J.

Woof, M.R.

Stephen Brown, P.

Richard Scott, V.-C.

Dated 31st October 1997

We concur,

Graham Allen

Jon Owen Jones

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 5th November 1997

Explanatory note

(This note is not part of the Order)

This Order amends the Supreme Court Fees Order 1980 so as to extend the exemption from payment of court fees to those in receipt of family credit, disability working allowance or income-based jobseekers' allowance. It also sets fees for originating and other applications under the Arbitration Act 1996.