The Court Fees (Miscellaneous Amendments) Order 2019

Amendments to the Civil Proceedings Fees Order 2008

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

(2) After article 3, insert—

“3A.— (1) In proceedings under the Guardianship (Missing Persons) Act 2017(2)—

(a) fee 2.4(a) (application on notice where no other fee is specified); and

(b) fee 2.5(a) (application by consent or without notice where no other fee is specified);

are not payable by the Public Guardian.

(2) For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.”.

(3) In the table in Schedule 1 (fees to be taken), for the entries in columns 1 and 2—

(a) from “6.1 On the filing of a request for detailed assessment” to the end of the entry for fee 6.1(b), substitute—

“6.1 On the filing of a request for detailed assessment.

£85”

(b) from “10.4 On appointment of:” to the end of the entry for fee 10.5(b), including the text entry headed “Where fee 10.4 has been paid”, substitute—

“10.4 On the appointment of an eligible High Court judge as an arbitrator or umpire under section 93 of the Arbitration Act 1996(3).	£610
10.5 For every day or part of a day (after the first day) of the hearing before an eligible High Court judge, so appointed as arbitrator or umpire.	£610
Where fee 10.4 has been paid on the appointment of an eligible High Court judge as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee will be refunded.”

(1)

S.I. 2008/1053. Amended by S.I. 2014/874 and S.I. 2018/812; there are other amending instruments but none is relevant.

(2)

2017 c. 27

(3)

1996 c. 23. Amended by section 1(6) of the Courts and Tribunals (Judiciary and Functions of Staff) Act 2018 (c. 33) and paragraph 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4).