The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024

Citation, commencement and extent

1.—(1) This Order may be cited as the Court and Tribunal Fees (Miscellaneous Amendments) Order 2024 and comes into force on 1st May 2024.

(2) Subject to paragraph (3), this Order extends to England and Wales and Scotland and Northern Ireland.

(3) Any amendment made by this Order has the same extent as the provision to which it relates.

Amendment of the Enrolment of Deeds (Fees) Regulations 1994

2.—(1) The Enrolment of Deeds (Fees) Regulations 1994(1) are amended as follows.

(2) Omit regulation 4 (exception for deeds filed in the King's Remembrancer's Department).

(3) In the Schedule (fees to be taken), in the table—

(a) in the entry for fee 1 (enrolling any deed), in column 2 (£ p), for “10.00” substitute “11.00”;

(b) omit the entry for fee 3 (searches by applicant in person).

Amendment of the Non-Contentious Probate Fees Order 2004

3.—(1) The Non-Contentious Probate Fees Order 2004(2) is amended as follows.

(2) Omit article 6(3) (exemption relating to fee 7).

(3) Omit article 7 (special exemption - armed forces).

(4) In Schedule 1 (fees to be taken)(3), in the table—

(a) in the entry for fee 3.2 (on an application for a grant relating to a death occurring on or after 20th March 2003 in respect of an estate exempt from inheritance tax by virtue of section 154 of the Inheritance Tax Act 1984 (exemption for members of the armed forces etc)), in column 1 (number and description of fee)—

(i) omit “occurring on or after 20th March 2003”;

(ii) for “section 154 of the Inheritance Tax Act 1984 (exemption for members of the armed forces etc)” substitute “section 153A, 154 or 155A of the Inheritance Tax Act 1984 (exemptions for emergency services personnel etc., members of the armed forces etc. and persons targeted because of their status as a constable or service personnel)(4)”;

(b) in each entry relating to a fee listed in the table in Schedule 1 to this Order (“Table 1”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 1 (revised amount of fee).

Amendment of the Court of Protection Fees Order 2007

4.—(1) The Court of Protection Fees Order 2007(5) is amended as follows.

(2) In article 2 (interpretation), in the definition of “the Rules”, for “the Court of Protection Rules 2007” substitute “the Court of Protection Rules 2017(6)”.

(3) In article 4 (application fee)—

(a) in paragraph (1), for “Part 9 of the Rules (how to start proceedings)” substitute “Part 9 of the Rules (how to start and respond to proceedings, and parties to proceedings)”;

(b) in paragraph (3)(a), in the opening words, for “rule 67 of the Rules (applications relating to lasting powers of attorney)” substitute “rule 9.7 of the Rules (applications relating to lasting powers of attorney)”;

(c) in paragraph (3)(b), in the opening words, for “rule 68 of the Rules (applications relating to enduring powers of attorney)” substitute “rule 9.8 of the Rules (applications relating to enduring powers of attorney)”.

(4) In article 5 (appeal fee), in paragraph (2), omit sub-paragraph (b) and the “or” immediately before it.

(5) In article 6 (hearing fees), omit paragraph (4).

(6) Omit article 10 (transitional provision).

(7) In Schedule 1 (fees to be taken)(7), in the table, in each entry relating to a fee listed in the table in Schedule 2 to this Order (“Table 2”), for the amount specified in column 2 substitute the amount specified in column 3 of the corresponding entry in Table 2 (revised amount of fee).

(8) In Schedule 2 (remissions and part remissions)(8), in paragraph 14 (resources and income treated as the party's resources and income), in sub-paragraph (3)(b), after “treated as the disposable capital” insert “and gross monthly income”.

Amendment of the Magistrates’ Courts Fees Order 2008

5.—(1) The Magistrates’ Courts Fees Order 2008(9) is amended as follows.

(2) In article 3 (exemptions)(10), in paragraph (1)—

(a) at the end of sub-paragraph (b) omit “or”;

(b) at the end of sub-paragraph (c) insert—

“; or

(d) an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021(11) or an appeal under section 46 of that Act (appeals)”.

(3) Omit article 7 (transitional provision).

(4) In Schedule 1 (fees to be taken)(12), in the table, in each entry relating to a fee listed in the table in Schedule 3 to this Order (“Table 3”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 3 (revised amount of fee).

Amendment of the Civil Proceedings Fees Order 2008

6.—(1) The Civil Proceedings Fees Order 2008(13) is amended as follows.

(2) In article 1(2) (interpretation), omit sub-paragraph (c) (definition of “LSC”).

(3) After article 3B(14) insert—

“Exemption related to domestic abuse protection orders

3C.   No fee is payable in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals).”.

(4) In article 5 (remissions and part remissions)(15), for paragraph (2)(a) substitute—

“(a) any fee which relates to proceedings in cases brought by users of Money Claim Online(16) or Possession Claims Online(17);”.

(5) In Schedule 1 (fees to be taken)(18), in the table—

(a) omit the entry for fee 3.1(a) (bankruptcy petition presented by a debtor or the personal representative of a deceased debtor);

(b) in each entry relating to a fee listed in the table in Schedule 4 to this Order (“Table 4”), for the amount specified in column 2 (amount of fee (or manner of calculation)) substitute the amount specified in column 3 of the corresponding entry in Table 4 (revised amount of fee).

Amendment of the Family Proceedings Fees Order 2008

7.—(1) The Family Proceedings Fees Order 2008(19) is amended as follows.

(2) In article 1(2) (interpretation), for sub-paragraph (a) substitute—

“(a) “Legal Aid Agency” means the body established under section 2(2)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(20);”.

(3) In article 3A (exceptions)(21)—

(a) at the end of paragraph (b) omit “or”;

(b) at the end of paragraph (bb) omit “or”;

(c) in paragraph (c), for “applies to vary or discharge an order made in those proceedings” substitute “makes any application in respect of an order made in those proceedings, except an application to appeal such an order”;

(d) at the end of paragraph (c) insert—

“; or

(d) in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals)”.

(4) Omit article 6 (transitional provision).

(5) In Schedule 1 (fees to be taken)(22), in the table—

(a) in the note to fee 5.3 (on an application in existing proceedings on notice, except where separately listed in this Schedule)(23), omit “, except for those at 2.1(t) and (u), where the application fee of £95 is payable”;

(b) omit the entry for fee 6.2 (on commencing an appeal under section 20 in proceedings under the Child Support Act 1991);

(c) in the entry for fee 9.1 (on filing a request for detailed assessment where the party filing the request is legally aided etc.)(24), in column 1 (number and description of fee)—

(i) for “Legal Services Commission” substitute “Legal Aid Agency”;

(ii) for “Part of” substitute “Part 1 of”;

(d) in the note to fees 9.2(a) to (h) (on filing a request for detailed assessment in any case where fee 9.1 does not apply etc.) beginning with the text “Where there is a combined standard basis”, for “Legal Services Commission”, in each place that it occurs, substitute “Legal Aid Agency”;

(e) in each entry relating to a fee listed in the table in Schedule 5 to this Order (“Table 5”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 5 (revised amount of fee).

Amendment of the Upper Tribunal (Lands Chamber) Fees Order 2009

8.—(1) The Upper Tribunal (Lands Chamber) Fees Order 2009(25) is amended as follows.

(2) In article 4 (fees payable)(26), in paragraph (2), for “rule 23” substitute “rule 25”.

(3) In Schedule 1 (fees to be taken in the Lands Chamber of the Upper Tribunal)(27), in the table, in each entry relating to a fee listed in the table in Schedule 6 to this Order (“Table 6”), for the amount specified in the right-hand column (fee) substitute the amount specified in column 3 of the corresponding entry in Table 6 (revised amount of fee).

Amendment of the First-tier Tribunal (Gambling) Fees Order 2010

9.  In Schedule 1 to the First-tier Tribunal (Gambling) Fees Order 2010 (fees to be taken)(28), in the table—

(a) in the heading to the second column—

(i) for “Column A” substitute “Column 2”;

(ii) for “New fee” substitute “Amount of fee”;

(b) omit column B (old fee);

(c) in each entry relating to a fee listed in the table in Schedule 7 to this Order (“Table 7”), for the amount specified in column 2 (amount of fee) (as renamed by this article) substitute the amount specified in column 3 of the corresponding entry in Table 7 (revised amount of fee).

Amendment of the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

10.—(1) The Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011(29) is amended as follows.

(2) In article 1, in paragraph (2) (interpretation)(30), omit the definition of “LSC”.

(3) In Schedule 1 (fees to be taken in immigration judicial review proceedings)(31), in the table, in each entry relating to a fee listed in the table in Schedule 8 to this Order (“Table 8”), for the amount specified in the right-hand column (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 8 (revised amount of fee).

Amendment of the First-tier Tribunal (Property Chamber) Fees Order 2013

11.  In Schedule 1 to the First-tier Tribunal (Property Chamber) Fees Order 2013 (fees to be taken)(32), in the table—

(a) in the note to fee 2 (hearing fee) beginning with the text “Fee 2.1”, for “Fee 2.1” substitute “Fee 2”;

(b) in each entry for a fee listed in the table in Schedule 9 to this Order (“Table 9”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 9 (revised amount of fee).

We agree, concur and consent

Scott Mann

Joy Morrissey

Two of the Lords Commissioners of His Majesty’s Treasury

26th March 2024

I concur

Geoffrey Vos

Master of the Rolls

22nd March 2024

Signed by authority of the Lord Chancellor

Mike Freer

Parliamentary Under Secretary of State

Ministry of Justice

3rd April 2024