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The County Court Fees (Amendment) Order (Northern Ireland) 2017
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Statutory Rules of Northern Ireland
2017 No. 15
County Courts
The County Court Fees (Amendment) Order (Northern Ireland) 2017
Made
16th January 2017
Coming into operation in accordance with Article 1
The Department of Justice, in exercise of the powers conferred by section 116(1) and (1A) of the Judicature (Northern Ireland) Act 1978(1) and now vested in it(2), makes the following Order with the concurrence of the Department of Finance(3).
The Department has, in accordance with section 116(1) of that Act, consulted with the Lord Chief Justice.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the County Court Fees (Amendment) Order (Northern Ireland) 2017.
(2) Articles 1 and 3 shall come into operation on 1st April 2017.
(3) Article 2 shall come into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016(4).
(4) In this Order “the principal Order” means the County Court Fees Order (Northern Ireland) 1996(5).
Amendments to the principal Order
2. In Article 8(2) (Exemptions and refunds) of the principal Order—
(a)at the end of sub-paragraph (d) for “.” substitute “;”; and
(b)after sub-paragraph (d) insert—
“(e)universal credit paid under Part 2 of the Welfare Reform (Northern Ireland) Order 2015(6).”.
3. For Schedule 1 to the principal Order there shall be substituted the new Schedule 1 set out in the Schedule to this Order.
Sealed with the Official Seal of the Department of Justice on 16th January 2017
Claire Sugden
Minister of Justice
The Department of Finance concurs in the making of this Order.
Sealed with the Official Seal of the Department of Finance on 16th January 2017
Emer Morelli
A senior officer of the
Department of Finance
Article 3
SCHEDULE
Article 4
“SCHEDULE 1
Fees to be taken in proceedings in County Courts
| Section I | — | Fees in respect of proceedings not otherwise specifically provided for in any subsequent section of this Schedule. |
| Section II | — | Fees for specified proceedings within the equity and probate jurisdiction. |
| Section III | — | Fees to be taken in respect of proceedings under the Licensing (Northern Ireland) Order 1996, the Registration of Clubs (Northern Ireland) Order 1996 and the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985. |
| Section IV | — | Miscellaneous fees relating to civil proceedings and matters. |
| Section V | — | Fees in respect of applications for small claims under Article 30(3) of the Order. |
| Section VI | — | Fees to be taken in respect of proceedings under the Criminal Damage (Compensation) (Northern Ireland) Order 1977 (“the Criminal Damage Order”). |
| Section VII | — | Fees to be taken in respect of proceedings under the Family Law Act 1986. |
SECTION I
Fees to apply in respect of proceedings not otherwise specifically provided for in any subsequent section of this Schedule
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| No. of Fee | Item | Amount of Fee | ||
| As from 01/04/17 | As from 01/04/18 | As from 01/04/19 | ||
| 1 | On any affidavit | No fee | No fee | No fee |
| 2 | On an attendance of an officer to produce records (in addition to the officer’s expenses) for each hour or part thereof | £15.00 | £16.00 | £17.00 |
| 3 | On a bond or recognizance | £55.00 | £59.00 | £62.00 |
| 4 | On a case stated | £165.00 | £177.00 | £186.00 |
| 5 | On a certificate by a court officer (inclusive of search) | £33.00 | £35.00 | £37.00 |
| 6 | On a civil bill, application or notice claiming (whether on foot of a contract or tort or by virtue of any enactment or otherwise) a sum of money or goods or chattels or any combination thereof of a value— | |||
| not exceeding £1000 | £165.00 | £177.00 | £186.00 | |
| exceeding £1000 but not exceeding £5000 | £182.00 | £196.00 | £206.00 | |
| exceeding £5000 | £204.00 | £219.00 | £230.00 | |
| 7 | On a civil bill action in an ejectment action | £165.00 | £177.00 | £186.00 |
| 8 | On any other civil bill | £165.00 | £177.00 | £186.00 |
| 9 | On a third party notice | The same fee as on the civil bill in the action | The same fee as on the civil bill in the action | The same fee as on the civil bill in the action |
| 10 | On a counterclaim or set-off where the amount thereof— | |||
| does not exceed £1000 | £165.00 | £177.00 | £186.00 | |
| exceeding £1000 but does not exceed £5000 | £182.00 | £196.00 | £206.00 | |
| exceeds £5000 | £204.00 | £219.00 | £230.00 | |
| 11 | On a copy, including a photographic copy, of all or any part of any document filed or any record kept in the office (including comparison)— | |||
| a) for five sheets or less | £6.00 | £6.00 | £6.00 | |
| b) for each sheet thereafter | £0.50 | £0.50 | £0.50 | |
| c) on a copy order/decree including certified or sealed | £11.00 | £12.00 | £13.00 | |
| d) on a copy order/decree produced online | £9.00 | £10.00 | £11.00 | |
| 12 | On a decree, award, judgment, order or dismiss (other than an interlocutory order) | £83.00 | £89.00 | £93.00 |
| 13 | On an interlocutory order, including an order for payment out of, or transfer or investment of, funds in court | No fee | No fee | No fee |
| 14 | On a Certificate of Readiness | £275.00 | £296.00 | £311.00 |
| 15 | On a notice of appeal to a county court (not otherwise provided for) | £165.00 | £177.00 | £186.00 |
| 16 | On a notice of application to the judge for payment of funds out of court | £17.00 | £18.00 | £19.00 |
| 17 | On any notice or other document in an application to the Accountant General for payment out or transfer of funds and securities in court | No fee | No fee | No fee |
| 18 | In any proceedings under the Adoption (Northern Ireland) Order 1987, under that Order as modified by the Parental Orders (Human Fertilisation and Embryology) Regulations 1994 or under section 30 of the Human Fertilisation and Embryology Act 1990 | £83.00 | £89.00 | £93.00 |
| 19 | On a notice, petition, summons or other form of application (not otherwise provided for) initiating any proceedings | £165.00 | £177.00 | £186.00 |
| 20 | On a notice of application for a review by the judge | £127.00 | £137.00 | £144.00 |
| 21 | On any notice of application, summons, notice of motion or other form of application to the judge or to the district judge (not otherwise exempted or specifically provided for) | £127.00 | £137.00 | £144.00 |
| 22 | a) On a search or inspection | £22.00 | £24.00 | £25.00 |
| b) Additional fee where the search is carried out by an Officer of the court | £11.00 | £12.00 | £13.00 | |
| 23 | On a witness summons | £33.00 | £35.00 | £37.00 |
| 24 | On a certificate of application for discovery | £55.00 | £59.00 | £62.00 |
| 25 | Entry of a remitted action where a setting down fee has not already been paid | £275.00 | £296.00 | £311.00 |
| Note: In the application of item 6 to proceedings under the Judgments Enforcement (Northern Ireland) Order 1981 the fee on an Enforcement Civil Bill shall be the same as is payable on a civil bill for the amount claimed; and on a Committal Civil Bill shall be the same as for a civil bill for the amount of the instalment. | ||||
SECTION II
Fees for specified proceedings within the equity and probate jurisdiction
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| No. of Fee | Item | Amount of Fee | ||
| As from 01/04/17 | As from 01/04/18 | As from 01/04/19 | ||
| 1 | On a civil bill or petition, where the property or estate of the subject matter of the proceedings— | |||
| a) either insofar as it consists of lands or premises does not exceed a capital value of £185,000 or insofar as it consists of personalty does not exceed £500 in amount or value | £165.00 | £177.00 | £186.00 | |
| b) either insofar as it consists of lands or premises exceeds a capital value of £185,000 or insofar as it consists of personalty exceeds £500 in amount or value | £193.00 | £207.00 | £217.00 | |
| Provided that in the case of a mortgage suit or creditor’s administration suit where the amount claimed does not exceed £300 the fee on the civil bill shall be £150 | £165.00 | £177.00 | £186.00 | |
| 2 | On a primary or final decree, order or dismiss | £83.00 | £89.00 | £93.00 |
| 3 | On a decree or order not otherwise provided for (including an interlocutory order) | £83.00 | £89.00 | £93.00 |
| 4 | On the taking of an account or the holding of an inquiry by an officer pursuant to an order of the judge, for each hour or part thereof | £83.00 | £89.00 | £93.00 |
| 5 | On the officer’s certificate thereof | £33.00 | £35.00 | £37.00 |
| 6 | On an affidavit for the lodgement in court of a sum of money (fee to cover all necessary notices and certificates by the chief clerk) | £55.00 | £59.00 | £62.00 |
| 7 | On a counterclaim in equity proceedings | £165.00 | £177.00 | £186.00 |
| Note: The fees prescribed above at items 1 and 2 cover, in the case of a probate suit, the Certificate of Decree to be transmitted to the Probate Registry. | ||||
SECTION III
Fees to be taken in respect of proceedings under the Licensing (Northern Ireland) Order 1996, the Registration of Clubs (Northern Ireland) Order 1996 and the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| No. of Fee | Item | Amount of Fee | ||
| As from 01/04/17 | As from 01/04/18 | As from 01/04/19 | ||
| 1 | On a notice of application to the court in relation to a licence, including notice of application for a declaration under Article 10 of the Licensing (Northern Ireland) Order 1996 or for an order under Article 31 of that Order | £475.00 | £511.00 | £537.00 |
| 2 | On a notice of an application under Article 44 | £299.00 | £321.00 | £337.00 |
| 3 | On a notice of application to the court for the grant of registration of a club under Article 5 of the Registration of Clubs (Northern Ireland) Order 1996 | £475.00 | £511.00 | £537.00 |
| 4 | Children’s certificate (under Article 59 of the Licensing (Northern Ireland) Order 1996 or Article 33 of the Registration of Clubs (Northern Ireland) Order 1996) | £83.00 | £89.00 | £93.00 |
| 5 | On a notice of application to the Court in relation to a bookmaking office licence (under Article 12(1) and Article 14(1) of the Betting, Gaming, Lotteries and Amusements (Northern Ireland) Order 1985) | £475.00 | £511.00 | £537.00 |
SECTION IV
Miscellaneous fees relating to civil proceedings and matters
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| No. of Fee | Item | Amount of Fee | ||
| As from 01/04/17 | As from 01/04/18 | As from 01/04/19 | ||
| UNDER PART V (ENFORCEMENT OF COUNTY COURT DECREES OUTSIDE NORTHERN IRELAND) OF ORDER 40 | ||||
| 1 | On a certified copy of a decree, or a certificate in respect of a money provision, issued under Part V of Order 40 | £55.00 | £59.00 | £62.00 |
| This fee includes provision of the appropriate certificate in Forms 295-298 | ||||
| UNDER THE PARLIAMENTARY DOCUMENTS DEPOSIT ACT 1837 | ||||
| 2 | On a search in papers deposited under Standing Orders of Parliament, for each hour or part thereof | £22.00 | £24.00 | £25.00 |
| UNDER ARTICLE 5 OF THE PROTECTION FROM HARASSMENT (NORTHERN IRELAND) ORDER 1997 | ||||
| 3 | On an application for a warrant of arrest | £0.00 | £0.00 | £0.00 |
SECTION V
Fees to apply in respect of applications for small claims under Article 30(3) of the Order
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| No. of Fee | Item | Amount of Fee | ||
| As from 01/04/17 | As from 01/04/18 | As from 01/04/19 | ||
| 1 | On lodging an application in which the amount claimed, or the value of the specific chattels claimed— | |||
| does not exceed £300 | £33.00 | £35.00 | £37.00 | |
| exceeds £300 but does not exceed £500 | £55.00 | £59.00 | £62.00 | |
| exceeds £500 but does not exceed £1000 | £77.00 | £83.00 | £87.00 | |
| exceeds £1000 | £110.00 | £118.00 | £124.00 | |
| 2 | On a counterclaim or set-off where the amount thereof— | |||
| does not exceed £300 | £33.00 | £35.00 | £37.00 | |
| exceeds £300 but does not exceed £500 | £55.00 | £59.00 | £62.00 | |
| exceeds £500 but does not exceed £1000 | £77.00 | £83.00 | £87.00 | |
| exceeds £1000 | £110.00 | £118.00 | £124.00 | |
| 3 | On a notice of appeal under Article 30(4)(ab) | £165.00 | £177.00 | £186.00 |
| 4 | On a third party notice in a small claims action | Same fee as on the small claim application in the action | Same fee as on the small claim application in the action | Same fee as on the small claim application in the action |
SECTION VI
Fees to be taken in respect of proceedings under the Criminal Damage (Compensation) (Northern Ireland) Order 1977 (“the Criminal Damage Order”)
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| No. of Fee | Item | Amount of Fee | ||
| As from 01/04/17 | As from 01/04/18 | As from 01/04/19 | ||
| 1 | On a notice of appeal to a county court under Article 15 of the Criminal Damage Order | £165.00 | £177.00 | £186.00 |
| 2 | On a Certificate of Readiness | £275.00 | £296.00 | £311.00 |
SECTION VII
Fees to be taken in respect of proceedings under the Family Law Act 1986
| Column 1 | Column 2 | Column 3 | ||
|---|---|---|---|---|
| No. of Fee | Item | Amount of Fee | ||
| As from 01/04/17 | As from 01/04/18 | As from 01/04/19 | ||
| 1 | On an application under section 27 of the Family Law Act 1986 for the registration of a custody order | £83.00 | £89.00 | £93.00” |
EXPLANATORY NOTE
(This note is not part of the Order)
This Order amends the County Court Fees Order (Northern Ireland) 1996 (S.R. 1996 No. 103) to increase the fees payable in respect of proceedings in the County Court over a three year period (10% increase in 2017/18, 7.5% increase in 2018/19 with a further 5% increase to take effect in 2019/20). The Order also updates the qualifying benefits for the purpose of exemptions from fees in consequence of part 2 of the Welfare Reform (Northern Ireland) Order 2015.
An Explanatory Memorandum and a Regulatory Impact Assessment have been produced and are available from Northern Ireland Courts and Tribunals Service, Central Management Team, Laganside House, 23-27 Oxford Street, Belfast BT1 3LA or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.
(1)
1978 c. 23 as amended by Article 15(1) and paragraph 6(h) of Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976); and s.59 of the Justice Act (Northern Ireland) 2016 (2016 c.21 (N.I.)).
(2)
Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).
(3)
Formerly the Department of Finance and Personnel, see the Departments Act (Northern Ireland) 2016 (2016 c.5 (N.I.)), Section 1(4) and Schedule 1.
(5)
S.R. 1996 No. 103 to which relevant amendments are made by S.R. 2007 No. 378.
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