2004 No. 340
The Family Proceedings Fees (Amendment) Order (Northern Ireland) 2004
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) 2004 and shall come into operation on 1st September 2004.
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.
Signed by the authority of the Lord Chancellor
I concur
We concur,
SCHEDULE
SCHEDULEFEES TO BE TAKEN IN FAMILY PROCEEDINGS
Column 1
Column 2
Column 3
Item
Fee £
Document to be endorsed
1
Commencement of Proceedings
a
On sealing an originating summons
175·00
The filed copy
b
On sealing 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
170·00
The filed copy
ii
When the petition is presented to a divorce county court
155·00
The filed copy
NOTE: Fees to include provision for the number of initial copies required for service
2
Entering and Setting Down for trial in court
On entering or setting down any cause or matter for trial, hearing or further consideration in court, except where it is otherwise provided for in this Schedule
a
High Court petition
98·00
The setting down docket
b
County Court petition
82·00
The setting down docket
3
Certificate of Decree Absolute
On filing an application for a certificate of Decree Absolute
23·00
The filed copy
4
Proceedings under the Children (Northern Ireland) Order 1995
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);
34·00
The filed copy
b
Article 13(1) or 163(1)
23·00
The filed copy
Financial Provision for Children
c
paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1
34·00
The filed copy
d
paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1
23·00
Secure Accommodation
e
Article 44
No fee
Care, Supervision etc
f
Article 50
62·00
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
23·00
The filed copy
Contact with child in care
h
Article 53(2), (3), (4) or (9)
23·00
The filed copy
Placement Abroad
i
Article 33(1)
23·00
The filed copy
Education supervision
j
Article 55(1)
62·00
The filed copy
k
paragraph 5(2) or 7(1) of Schedule 4
23·00
The filed copy
Child Assessment
l
Article 62(1)
62·00
The filed copy
m
Article 62(12)
23·00
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
23·00
The filed copy
q
On commencing an appeal under Article 166 or Article 41(11)
i
to the county court
41·00
ii
to the High Court
52·00
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.
5
Application for Ancillary Relief
On filing a notice of application for ancillary relief
52·00
The filed copy
6
Other Application in Proceedings
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
52·00
The filed copy
ii
to a judge
57·00
The filed copy
7
Writ of Subpoena & Witness Summonses
On sealing a writ of subpoena or issuing a witness summons per person
7·00
The filed copy
8
Copies of Documents
a
Personal Applications
i
for a copy of all or part of any document, issued as an office copy for each page
1·50
The requisition
ii
for a certified copy of any document per page
3·50
The requisition
iii
for a sealed and certified copy of any document per page
4·00
The requisition
b
Postal Applications in addition to the fees at 8(a) above for a copy of any of the documents referred to
6·00
The requisition
9
Searches and Inspections
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
23·00
The requisition
b
On a search (including inspection) other than one for which a fee is prescribed under 9(a) above
6·00
The requisition
c
For an official certificate of the result of a search in any index
6·00
The requisition
d
Postal applications, in addition to the fee at 9(c) above
6·00
The requisition
10
Miscellaneous
For signing, settling or approving an advertisement
6·00
The requisition
11
Appeals
a
On filing a notice of appeal from a master to a judge in chambers
57·00
The filed copy
b
On entering any appeal (including an interlocutory appeal) to the Court of Appeal
175·00
The notice of appeal or requisition
12
Taxation
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 –
i
for the first £100
24·00
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.12(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.
13
Enforcement
On any application for enforcement of a matrimonial order
41·00
The filed copy
(This note is not part of the Order.)