The Civil Proceedings Fees (Amendment) Order 2005

Statutory Instruments

2005 No. 473 (L.9)

SUPREME COURT OF ENGLAND AND WALES

COUNTY COURTS, ENGLAND AND WALES

The Civil Proceedings Fees (Amendment) Order 2005

Made

2nd March 2005

Laid before Parliament

9th March 2005

Coming into force

6th April 2005

The Lord Chancellor, in exercise of the powers conferred upon him by section 92 of the Courts Act 2003(1) and sections 414 and 415 of the Insolvency Act 1986(2), with the consent of the Treasury under section 92(1) of the Courts Act 2003, and after consultation with the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council under section 92(5) and (6) of the Courts Act 2003, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, makes the following Order:

1.—(1) This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2005 and shall come into force on 6th April 2005.

(2) In this Order, “the Order” means the Civil Proceedings Fees Order 2004.(3)

2.  In article 4(2)(b) of the Order, for “£14,600” substitute “£15,050”.

3.  In Schedule 1 to the Order—

(a) renumber fee 2.4 as fee 2.3 and for all references to fee 2.4 substitute a reference to fee 2.3;

(b) renumber fee 2.5 as fee 2.4 and for all references to fee 2.5 substitute a reference to fee 2.4;

(c) renumber fee 2.6 as fee 2.5 and for all references to fee 2.6 substitute a reference to fee 2.5;

(d) renumber fee 2.7 as fee 2.6 and for all references to fee 2.7 substitute a reference to fee 2.6;

(e) renumber fee 2.8 as fee 2.7; and

(f) renumber fee 2.9 as fee 2.8.

Falconer of Thoroton, C

21st February 2005

We consent

Nick Ainger

Joan Ryan

Two of the Lords Commissioners of Her Majesty’s Treasury

2nd March 2005

Explanatory Note

(This note is not part of the Order)

Under article 4(2)(b) of the Civil Proceedings Fees Order 2004 (S.I. 2004/3121) there is a maximum gross annual income taken into account for the purposes of working tax credit, above which working tax credit will not be a qualifying benefit for the purposes of exemption from court fees under the Order. This Order amends that maximum gross annual income, from £14,600 to £15,050.

This Order also corrects a numbering error in the fees currently numbered fees 2.4 to 2.9, so that fee 2.4 is renumbered fee 2.3, and so on.

(1)

2003 c. 39.

(2)

1986 c. 45.

(3)

S.I. 2004/3121.