1997 No. 177
The Family Proceedings Fees (Amendment) Order (Northern Ireland) 1997
Made
Coming into operation
The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) of the Judicature (Northern Ireland) Act 19781, after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:—
Citation and commencement1
This Order may be cited as the Family Proceedings Fees (Amendment) Order (Northern Ireland) 1997 and shall come into operation on 1st April 1997.
Fees to be taken in family proceedings2
For the Schedule to the Family Proceedings Fees Order (Northern Ireland) 19962 there shall be substituted the new Schedule set out in the Schedule to this Order.
We concur,
SCHEDULE
SCHEDULEFees to be taken in Family Proceedings
Column 1
Column 2
Column 3
Item
Fee £
Document to be endorsed
Commencement of Proceedings1
1
a
On sealing an originating summons
150·00
The filed copy
a
On presenting any petition other than a second petition presented with leave granted under rule 2.6(3)—
i
When the petition is presented to the High Court
150·00
The filed copy
ii
When the petition is presented to a divorce county court
135·00
The filed copy
NOTE: Fees to include provision for the number of initial copies required for service
Proceedings under the Children (Northern Ireland) Order 19952
On filing an application or requesting leave under the following provisions of the Children (Northern Ireland) Order 1995—
Parental Responsibility, Guardians, Article 8 orders
a
Article 7(1)(a) or (4), 10(1) or (2), 159(1);
30·00
The filed copy
b
Article 13(1) or 163(1)
20·00
The filed copy
Financial Provision for Children
c
paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1
30·00
The filed copy
d
paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1
20·00
Secure Accommodation
e
Article 44
No fee
Care, Supervision etc
f
Article 50
50·00
The filed copy
g
Article 52(7), 57(8)(b), 58(1), (2), (3) or (4), paragraph 6(3) of Schedule 3 or paragraph 10(3) of Schedule 8
20·00
The filed copy
Contact with child in care
h
Article 53(2), (3), (4) or (9)
20·00
The filed copy
Placement Abroad
i
Article 33(1)
20·00
The filed copy
Education supervision
j
Article 55(1)
50·00
The filed copy
k
paragraph 5(2) or 7(1) of Schedule 4
20·00
The filed copy
Child Assessment
l
Article 62(1)
50·00
The filed copy
m
Article 62(12)
20·00
The filed copy
Emergency Protection
n
Article 63, 64 and 67
No fee
Recovery of children
o
Article 69
No fee
Miscellaneous
p
Article 178
20·00
The filed copy
q
On commencing an appeal under Article 166 or Article 41(11)
i
to the county court
36·00
ii
to the High Court
40·00
NOTE: Where an application requires leave of the court the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made
Application for Ancillary Relief3
On filing a notice of application for ancillary relief
40·00
The filed copy
Other Application in Proceedings4
On any application in matrimonial proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made
i
to a master
40·00
The filed copy
ii
to a judge
45·00
The filed copy
Writ of Subpoena & Witness Summonses5
On sealing a writ of subpoena or issuing a witness summons per person
5·00
The filed copy
Copies of Documents6
a
Personal Applications
i
for a copy of all or part of any document, issued as an office copy for each page
1·00
The requisition
ii
for a certified copy of any document per page
3·00
The requisition
iii
for a sealed and certified copy of any document per page
3·50
The requisition
b
Postal Applications in addition to the fees at 6(a) above for a copy of any of the documents referred to
5·00
The requisition
Searches and Inspections7
a
On making a search in the index of Parental Responsibility Agreements kept in the Office of Care and Protection in accordance with regulations made under Article 7 of the Children (Northern Ireland) Order 1995 and, if appropriate providing a copy of an agreement
20·00
The requisition
b
On a search (including inspection) other than one for which a fee is prescribed under 7(a) above
5·00
The requisition
c
For an official certificate of the result of a search in any index
5·00
The requisition
d
Postal applications, in addition to the fee at 7(c) above
5·00
The requisition
Miscellaneous8
For signing, settling or approving an advertisement
5·00
The requisition
Appeals9
a
On filing a notice of appeal from a master to a judge in chambers
45·00
The filed copy
b
On entering any appeal (including an interlocutory appeal) to the Court of Appeal
150·00
The notice of appeal or requisition
Taxation10
a
On the taxation of a bill of costs:
The bill
Where the amount allowed does not exceed £5
1.00
The bill
Where the amount allowed exceeds £5 but does not exceed £100, for every £1 or fraction thereof—
0·15
Where the amount allowed exceeds £100—
The bill
i
for the first £100
22·00
The bill
ii
for every £1 or fraction thereof over £100
0·15
b
On withdrawal of a bill of costs which has been lodged for taxation
Such fee (not exceeding the amount which would have been payable under Fee No. 10(a) if the bill had been allowed in full) as shall appear to the taxing master to be fair and reasonable
NOTE: The taxing master may in any case require the bill of costs to be stamped before taxation with the whole or part of the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.
Enforcement11
On any application for enforcement of a matrimonial order.
35·00
The filed copy
(This note is not part of the Order.)