The Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014

Citation and commencement U.K.

1.  This Order may be cited as the Courts and Tribunals Fees (Miscellaneous Amendments) Order 2014 and shall come into force on 6th April 2014.

Commencement Information

I1 Art. 1 in force at 6.4.2014, see art. 1

Amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 U.K.

2.—(1) The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013(1) is amended as follows

(2) In article 12 (fee group – failure to pay fee) for “struck out” substitute “dismissed”.

(3) For Table 2 (type A claims) in Schedule 2 (employment tribunals - issue and hearing fee) substitute the table in the Schedule to this Order.

(4) In paragraph 1(1) of Schedule 3 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992(2) or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(3)—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002(4)—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009(5), the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011(6), the Carers and Direct Payments Act (Northern Ireland) 2002(7), or section 12B(1) of the Social Work (Scotland) Act 1968(8);

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995(9), or article 28 of the Jobseekers (Northern Ireland) Order 1995(10);

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983(11);

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006(12);

(h)

any payment made from the Independent Living Funds;

(i)

any payment made from the Bereavement Allowance;

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012(13);

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013(14);

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013(15), that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.”.

Commencement Information

I2 Art. 2 in force at 6.4.2014, see art. 1

Amendments to the Court of Protection Fees Order 2007 U.K.

3.—(1) The Court of Protection Fees Order 2007(16) is amended as follows.

(2) In paragraph 1(1) of Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

any payment made from the Bereavement Allowance;

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.”.

(3) In paragraph 17(3) of Schedule 2 (remissions and part remissions) for “on which the fee was paid” substitute “of the order of the court which finally disposed of the proceedings”.

Commencement Information

I3 Art. 3 in force at 6.4.2014, see art. 1

Amendments to the Civil Proceedings Fees Order 2008 U.K.

4.—(1) The Civil Proceedings Fees Order 2008(17) is amended as follows.

(2) In Schedule 1 (fees to be taken) in the entries 7.1, 8.1 and 8.10 for “execution” substitute “control”;

(3) In Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

any payment made from the Bereavement Allowance;

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.”.

Commencement Information

I4 Art. 4 in force at 6.4.2014, see art. 1

Amendments to the Family Proceedings Fees Order 2008 U.K.

5.—(1) The Family Proceedings Fees Order 2008(18) is amended as follows.

(2) In Schedule 1 (fees to be taken)—

(a) in the entry 11.1(b) for “an interpleader summons under an execution” substitute “a claim to controlled, executed or exempt goods”;

(b) in the entries 12.1 and 14.1 for “execution” substitute “control”.

(3) In Schedule 2 (remissions and part remissions) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

any payment made from the Bereavement Allowance;

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.”.

Commencement Information

I5 Art. 5 in force at 6.4.2014, see art. 1

Amendments to fee remissions U.K.

6.—(1) Schedule 1A (remissions and part remissions) to the Non-Contentious Probate Fees Order 2004(19), the Schedule (remissions and part remissions) to the Gender Recognition (Application Fees) Order 2006(20) and Schedule 2 (remissions and part remissions) of—

(a) the Magistrates’ Courts Fees Order 2008(21),

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) the Upper Tribunal (Lands Chamber) Fees Order 2009(22)

(d) the First-tier Tribunal (Gambling) Fees Order 2010(23),

(e) the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011(24), and

(f) the First-tier Tribunal (Property Chamber) Fees Order 2013(25),

are amended as follows.

(2) In paragraph 1(1) for the definition of “excluded benefits” substitute—

““excluded benefits” means any of the following—

(a)

any of the following benefits payable under the Social Security Contributions and Benefits Act 1992 or the corresponding provisions of the Social Security Contributions and Benefits (Northern Ireland) Act 1992—

(i)

attendance allowance under section 64;

(ii)

severe disablement allowance;

(iii)

carer’s allowance;

(iv)

disability living allowance;

(v)

constant attendance allowance under section 104 as an increase to a disablement pension;

(vi)

any payment made out of the social fund;

(vii)

housing benefit;

(viii)

widowed parents allowance;

(b)

any of the following benefit payable under the Tax Credits Act 2002—

(i)

any disabled child element or severely disabled child element of the child tax credit;

(ii)

any childcare element of the working tax credit;

(c)

any direct payment made under the Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009, the Community Care, Services for Carers and Children’s Services (Direct Payments) (Wales) Regulations 2011, the Carers and Direct Payments Act (Northern Ireland) 2002, or section 12B(1) of the Social Work (Scotland) Act 1968;

(d)

a back to work bonus payable under section 26 of the Jobseekers Act 1995, or article 28 of the Jobseekers (Northern Ireland) Order 1995;

(e)

any exceptionally severe disablement allowance paid under the Personal Injuries (Civilians) Scheme 1983;

(f)

any payments from the Industrial Injuries Disablement Benefit;

(g)

any pension paid under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pension Order 2006;

(h)

any payment made from the Independent Living Funds;

(i)

any payment made from the Bereavement Allowance;

(j)

any financial support paid under an agreement for the care of a foster child;

(k)

any housing credit element of pension credit;

(l)

any armed forces independence payment;

(m)

any personal independence payment payable under the Welfare Reform Act 2012;

(n)

any payment on account of benefit as defined in the Social Security (Payments on Account of Benefit) Regulations 2013;

(o)

any of the following amounts, as defined by the Universal Credit Regulations 2013, that make up an award of universal credit—

(i)

an additional amount to the child element in respect of a disabled child;

(ii)

a housing costs element;

(iii)

a childcare costs element;

(iv)

a carer element;

(v)

a limited capability for work or limited capacity for work and work -related activity element.”.

Textual Amendments

F1 Art. 6(1)(b) revoked (1.4.2024) by The Supreme Court Fees Order 2024 (S.I. 2024/148), art. 1(1), Sch. 3

Commencement Information

I6 Art. 6 in force at 6.4.2014, see art. 1

Transitional provision U.K.

7.  The amendments made by this Order to Table 2 in Schedule 2 (employment tribunals - issue and hearing fee) to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013, have no effect in relation to the issue fee or the hearing fee payable in any claim where the claim form was presented before the 6th April 2014.

Commencement Information

I7 Art. 7 in force at 6.4.2014, see art. 1

Signed by the authority of the Lord Chancellor and Secretary of State

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

11th March 2014

We agree and consent

Mark Lancaster

Stephen Crabb

Two of the Lords Commissioners of Her Majesty’s Treasury

11th March 2014