2007 No. 380
The Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 2007
Made
Coming into operation
The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) and (1A) 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, commencement and interpretation
1
This Order may be cited as the Judgment Enforcement Fees (Amendment) Order (Northern Ireland) 2007 and shall come into operation on 24th September 2007.
2
1
In this Order “the principal Order” means the Judgment Enforcement Fees Order (Northern Ireland) 19962; and
2
The fee referred to by number means the fee so numbered in the Schedule to the principal Order.
Amendments to the principal Order3
After Article 8 of the principal Order insert the following new Articles—
Exemptions and refunds
9
1
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable—
a
is in receipt of any qualifying benefit, and
b
is not in receipt of legal aid under Part II of the Legal Aid, Advice and Assistance (Northern Ireland) Order 19813 for the purposes of the proceedings.
2
The following are qualifying benefits for the purposes of paragraph (1)(a) above—
a
income support under the Social Security Contributions and Benefits (Northern Ireland) Act 19924;
b
income-based jobseeker’s allowance under the Jobseekers (Northern Ireland) Order 19955;
c
guarantee credit under the State Pension Credit Act (Northern Ireland) 20026;
d
working tax credit, provided that—
i
child tax credit is being paid to the party or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 20027) which includes the party; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £16,017 or less.
10
1
Subject to paragraph (2), where a fee has been paid at a time—
a
when, under Article 9, it was not payable, the fee shall be refunded;
b
where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee, the amount by which the fee would have been reduced shall be refunded; and
c
where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under Article 7, the fee shall be refunded.
2
No refund shall be made under paragraph (1) unless the party who paid the fee applies within 6 months of paying the fee.
3
The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months.
Fees to be taken in the Enforcement of Judgments Office4
In Part I of the Schedule to the principal Order—
a
for Fee No. 3 substitute the following new fee—
3
On lodging an application under Article 23(1) of the Order, including one copy of the report: for each respondent £150.00
b
for Fee No. 7 substitute the following new fee—
7
1
On an application for a search in the register of judgments £8.00
2
Additional payment where the search is carried out by an officer of the court £10.00
c
for Fee No. 8 substitute the following new fee—
8
On a copy document
a
5 sheets or less – £5.00
b
for each sheet thereafter – £0.50
d
for Fee No.9 substitute the following new fee—
9
For a Certificate of Satisfaction – £15.00
Signed by the authority of the Lord Chancellor
Dated 16th August 2007
We concur
(This note is not part of the Order)