The Civil Proceedings Fees (Amendment No. 2) Order 2014

This Statutory Instrument has been made in consequence of a defect in S.I. 2013/2302 and is being issued free of charge to all known purchasers of that Statutory Instrument and of S.I. 2014/513 which was also affected by the defect.

Statutory Instruments

2014 No. 1834 (L. 27)

Senior Courts Of England And Wales

County Court, England And Wales

The Civil Proceedings Fees (Amendment No. 2) Order 2014

Made

10th July 2014

Laid before Parliament

14th July 2014

Coming into force

4th August 2014

The Lord Chancellor, with the consent and sanction of the Treasury, makes the following Order in exercise of the powers conferred by section 92 of the Courts Act 2003(1), and sections 414 and 415 of the Insolvency Act 1986(2).

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.

Citation and commencement

1.  This Order may be cited as the Civil Proceedings Fees (Amendment No.2) Order 2014 and comes into force on 4th August 2014.

Amendments of the Civil Proceedings Fees Order 2008

2.  The Civil Proceedings Fees Order 2008(3) is amended as follows:

3.  In Schedule 1 (fees to be taken)—

(a) at fee 3.5, in column 2 (amount of fee), substitute £280 for £160;

(b) at fee 8.1(a), in column 2 (amount of fee), substitute £70 for £100.

4.  In Schedule 2 (remissions and part remissions), in sub-paragraph (c) of the definition of “excluded benefits”—

(a) after “2002,” omit “or”;

(b) after “section 12B(1) of the Social Work (Scotland) Act 1968”, insert “or the Social Care (Self-directed Support) (Scotland) Act 2013(4)”.

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

10th July 2014

We consent,

Sam Gyimah

Anne Milton

Two of the Lords Commissioners of Her Majesty’s Treasury

10th July 2014

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Proceedings Fees Order 2008 (S.I 2008/1053).

Fee 3.5 (applications under the Companies Act 1985 (c.6), the Companies Act 2006 (c.46) and Insolvency Act 1986 (c.45)) has been increased from £160 to £280.

Fee 8.1 (a) (County Court enforcement in cases other than County Court Business Centre cases) has been reduced from £100 to £70.

In Schedule 2, the definition of benefits that are excluded when determining whether to grant a fee remission has been corrected to include benefits based upon the Social Care (Self-directed Support) (Scotland) Act 2013 (asp 1).

(1)

2003 c.39; section 92 was amended by paragraph 345 of Schedule 4 to the Constitutional Reform Act 2005 (c. 4) and by paragraph 4(1) and (3) of Schedule 11 to that Act.

(2)

1986 c.45.

(3)

S.I. 2008/1053 as amended by S.I. 2013/534, S.I 2013/2302 and S.I. 2014/874. Schedule 1 was substituted by S.I. 2014/874. Schedule 2 was amended by S.I. 2014/513 and substituted by S.I. 2014/590.

(4)

2013 asp 1.