The Upper Tribunal (Lands Chamber) Fees (Amendment) Order 2010

The Upper Tribunal (Lands Chamber) Fees Order 2009^f1 is amended as follows.

For the Schedule (fees) to the Upper Tribunal (Lands Chamber) Fees Order 2009 substitute the Schedule (fees to be taken in the Lands Chamber of the Upper Tribunal) set out in the Schedule to this Order.

“SCHEDULE

Fees to be taken in the Lands Chamber of the Upper Tribunal

Item		Fee £
(a) 1965 c. 56. Schedule 2 was amended by the Statute Law (Repeals) Act 1973 (c. 39) and the Statute Law (Repeals) Act 1974 (c. 22).
(b) 1845 c. 18. Section 58 was amended by Schedule 3 to the Compulsory Purchase Act 1965 (c. 56).
(c) 1925 c. 20. Section 84 was amended by the Law of Property Act 1969 (c. 59), the Civil Aviation Act 1982 (c. 16) and the Land Registration Act 2002 (c. 9).
(d) 1959 (c.56). Section 2 was substituted by Schedule 1 to the Local Land Charges Act 1975 (c. 76).
(e) 1925 c.20. Section 84 was amended by the Law of Property Act 1969 (c.59), the Civil Aviation Act 1982 (c. 16) and the Land Registration Act 2002 (c. 9).
Lodging an application for permission to appeal
1. On lodging an application for permission to appeal under rule 21 (application to the Tribunal for permission to appeal)		200
Lodging a reference or an appeal
2. On lodging a notice of reference under rule 28 (notice of reference) or a notice of appeal under rule 24 (notice of appeal)		250
Lodging an absent owner application
3. On lodging an application for a determination under Schedule 2 to the Compulsory Purchase Act 1965f1 (absent or untraced owners) or section 58 of the Land Clauses Consolidation Act 1845f2 (compensation to absent parties to be determined by a surveyor appointed by two justices)		500
Lodging a restrictive covenant application
4. On lodging an application under rule 32 (method of making application) in respect of section 84 of the Law of Property Act 1925f3 (power to discharge or modify restrictive covenants affecting land)		800
Lodging a rights of light application
5. On lodging an application under rule 41 (method of making application) in respect of section 2 of the Rights of Light Act 1959f4 (registration of notice in lieu of obstruction of access of light)—
(a) for a definitive certificate		1,200
(b) for a temporary and definitive certificate		1,500
Interlocutory or consent order application
6. On lodging an interlocutory application		100
7. On lodging an application for a consent order (rule 50) (consent orders)		150
Hearing a rating appeal
8. On the hearing of an appeal from the decision of a Tribunal with jurisdiction to hear rating appeals, 5 per cent of rateable value as determined in the final order of the Tribunal, subject to—
(a) minimum fee		250
(b) maximum fee		15,000
Hearing a reference or other appeal (excluding one where the hearing fee is calculated on the basis of rental value)
9. On the hearing of a reference or an appeal against a determination or on an application for a certificate of value (excluding one where the hearing fee is calculated on the basis of rental value), 2 per cent of the amount awarded or determined by the Tribunal, agreed by the parties following a hearing, or determined in accordance with rule 44 (decision with or without a hearing), subject to—
(a) minimum fee		250
(b) maximum fee		15,000
Hearing a reference or other appeal where the hearing fee is calculated on the basis of rental value
10. On the hearing of a reference or an appeal against a determination where the award is in terms of rent or other annual payment, two per cent of the annual rent or other payment determined by the Tribunal, agreed by the parties following a hearing, or determined in accordance with rule 46 (decision with or without a hearing), subject to—
(a) minimum fee		250
(b) maximum fee		15,000
Determining a restrictive covenant application
11. On the hearing of an application or the making of any order under section 84 of the Law of Property Act 1925f5(power to discharge or modify restrictive covenants affecting land)—
(a) a hearing as to entitlement under section 84(3A)		500
(b) order without a hearing (rule 46)		250
(c) substantive hearing of an originating application		1,000
(d) engrossing Minutes of Order		200
Hearing (no amount awarded)
12. On the hearing or preliminary hearing of a reference or appeal (not being the determination of an application under paragraph 11 above) where either the amount determined is nil or the determination is not expressed in terms of an amount		500
Copies of documents
13. For a photocopy or certified copy of a document, or for examining a plain copy and marking as a certified copy	1 (for each page, subject to a minimum total of £10)
14. For supplying published decisions to subscribers	1 (for each page, subject to a minimum total of £10)
Determination of amount of costs
15. For a determination by the Tribunal of the amount of costs under Rule 10(5)(c), for every £1 or part thereof allowed.		0.05

”

(This note is not part of the Order)