The Supreme Court Fees (Amendment) Order 1999

Statutory Instruments

1999 No. 2569 (L. 21)

SUPREME COURT OF ENGLAND & WALES

The Supreme Court Fees (Amendment) Order 1999

Made

14th September 1999

Laid before Parliament

14th September 1999

Coming into force

5th October 1999

The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981(1), sections 414 and 415 of the Insolvency Act 1986(2) and section 128 of the Finance Act 1990(3), with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, hereby makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Supreme Court Fees (Amendment) Order 1999 and shall come into force on 5th October 1999.

2.  In this Order an article referred to by number means the article so numbered in the Supreme Court Fees Order 1999(4), and a paragraph or column referred to by number means the paragraph or column so numbered in Schedule 1 to that Order.

Transitional provision

3.  A person who at any time on or after 5th October 1999 receives family credit or disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992(5) in pursuance of a decision made before that date shall be entitled to exemption from court fees to the same extent as if this Order had not come into force.

Amendments to the Supreme Court Fees Order 1999

4.  The following shall be substituted for article 5(2)(b):—

“(b) working families' tax credit, provided that the amount (if any) to be deducted under section 128(2)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week;

(bb) disabled person’s tax credit, provided that the amount (if any) to be deducted under section 129(5)(b) of the Social Security Contributions and Benefits Act 1992 has been determined at not more than £70 a week; and”.

5.  In the note following paragraph 4.5 in Column 1, for “fee 4.5” there shall be substituted “fee 4.4”.

Irvine of Lairg, C.

Dated 7th September 1999

We concur,

Bingham of Cornhill, C.J.

Harry Woolf, M.R.

Stephen Brown, P.

Richard Scott, V.-C.

Dated 9th September 1999

We concur,

Bob Ainsworth

Jim Dowd

Two of the Lords Commissioners of Her Majesty’s Treasury

Dated 14th September 1999

Explanatory Note

(This note is not part of the Order)

This Order amends the Supreme Court Fees Order 1999 so as to replace references to family credit and disability working allowance with references to working families' tax credit and disabled person’s tax credit, following the changes made by the Tax Credits Act 1999. A recipient of one of these tax credits will be exempt from court fees provided that the amount to be deducted from the weekly maximum allowance does not exceed £70. Those in receipt of family credit or disability working allowance under a decision made before the coming into force of the Order will continue to be exempt from court fees.

(1)

1981 c. 54.

(2)

1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.

(3)

1990 c. 29.

(4)

S.I. 1999/687.

(5)

1992 c. 4.