Magistrates’ Courts Act 1980

[F2 PART I E+W FEES TO BE TAKEN BY [F3 Justices’ chief executives]

Textual Amendments

F1 Sch. 6 repealed (10.1.2006) by Courts Act 2003 (c. 39), ss. 109(1)(3), 110, Sch. 8 para. 254, Sch. 10; S.I. 2005/3518, art. 2(a)(b) (with saving in art. 4)

NOTE: 1. Nothing in this Part shall be construed as authorising— (a) the collection of any fee from any person who is [F4 receiving services funded by the Legal Services Commission as part of the Community Legal Service] or is in receipt of income support [F5 under section 124 of the Social Security Contributions and Benefits Act 1992,][F6 of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)][F7 ,of guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002][F8 , of any element of child tax credit other than the family element or of working tax credit]; or (b) where, in family proceedings, a fee is payable, as herebefore provided, in respect of an application for any order, the demand of a fee in respect of any action which may subsequently be taken in relation to the enforcement of the order in question. 2. Only one fee is payable where more than one document is issued in relation to a partnership. 3. Nothing in this Part shall be construed as authorising the collection of any fee from any person in respect of any stage in binding over proceedings. For the purpose of this Part, “binding over proceedings” means any proceedings instituted (whether by way of complaint under section 115 of this Act or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour.]
	£
ATTENDANCE On a justice, to view deserted premises in order to affix notice or to give possession thereof, or to view a highway, bridge or nuisance	44.00
CASE FOR THE OPINION OF HIGH COURT (s. 111 of this Act) Drawing case, copies, taking recognizance as required by s. 114 of this Act and enlargements and renewals thereof (composite fee), where the application to state a case is made on or after 1st April 1992	382.00
Certificate of refusal of case, where the application is so made	8.00
CERTIFICATE Every certificate not otherwise charged	8.00
CHILD SUPPORT ACT 1991 M1 Application for a liability order (each child)	0.70
NOTE: This fee is payable on the making of the application. Paternity application (each child) (sections 20 and 27 of the Act F9 )	30.00
Appeal against a deduction from earnings order	10.00
Complaint or application and summons	10.00
Warrant of arrest	10.00
Commitment order	40.00
NOTE: The fee for a commitment order is payable on the making of the order.
COMMUNITY CHARGE/COUNCIL TAX/RATES Orders Application for a liability order (each defendant)	0.70
NOTE: This fee is payable on the making of the application. Commitment Complaint (or application) and summons	10.00
Warrant of arrest	10.00
Commitment order	40.00
NOTE: The fee for a commitment order is payable on the making of the order.
COPY First photocopy or 90 word folio of any document	1.10
Each folio of succeeding 90 words	0.55
Each additional photocopy	0.10
NOTE: No fee shall be charged in pursuance hereof for a copy of a summons, of an order or of a warrant in a case in which, as hereafter provided, a fee is authorised for the summons, the order or, as the case may be, the warrant and a copy thereof. For the purposes hereof, a reference to a photocopy includes a reference to any other facsimile copy, however made.
DUPLICATE For the duplicate of any document	5.00
FAMILY PROCEEDINGS Applications under Parts I or II of the Children Act 1989 M2 , [F10 section 30 of the Human Fertilisation and Embryology Act 1990], Part I of the Domestic Proceedings and Magistrates’ Courts Act 1978 M3 , except under section 16 of that Act for the protection of a spouse or child from violence, [F11 the Adoption and Children Act 2002, except under section 23 of that Act] and all applications for financial orders (excluding applications to vary or discharge such orders or in respect of claims for maintenance or maintenance orders made to the benefit of, or against, a person residing outside the United Kingdom)	30.00
Applications under section 31 (care or supervision order), 36 (education supervision order) or 43 (child assessment order) of the Children Act 1989	50.00
Applications (a)to vary, extend or discharge an order; (b)for contact or refusal of contact with a child in care, to change a child’s surname   or remove the child from the jurisdiction; and (c) [F12 section 23 of the Adoption and Children Act 2002]	20.00
Applications under [F13 Part XA] (affecting the registration of a child minder or day carer including appeals against cancellation or varying the conditions of the registration) of, and paragraph 8(1) of Schedule 8 (appeals concerning foster parenting) to, the Children Act 1989	50.00
NOTE: When an application requires the 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.
LICENCES For every licence, consent or authority not otherwise provided for, to include registration when necessary	8.00
Application for the revocation of a licence not otherwise provided for	30.00
OATHS Attestation of constable	8.00
Every oath, affirmation or solemn declaration not otherwise charged (no fee is payable for the swearing in of witnesses in civil proceedings or in any case where an Act of Parliament directs that no fee shall be taken)	8.00
OTHER CIVIL PROCEEDINGS Complaint or application	3.50
Summons and copy	3.50
Order and copy	16.50
Warrant and copy	6.50
WARRANT OF ENTRY Application for a warrant of entry	2.25

Textual Amendments

F4 Words in Sch. 6 Pt. I Note para. 1(a) substituted (1.4.2000) by 1999 c. 22, s. 24, Sch. 4 paras. 15, 20 (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/774, art. 2(a)(ii)

F5 Words in Sch. 6 Pt. I Note para. 1(a) substituted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 2(a); S.I. 2003/962, art. 2(3)(b)(d) (subject to arts, 3, 4)

F6 Words in Sch. 6 Pt. I Note para. 1(a) inserted (7.10.1996) by 1995 c. 18, s. 41(4), Sch. 2 para. 4; S.I. 1996/2208, art. 2(b)

F7 Words in Sch. 6 Pt. 1 Note para. 1(a) inserted (2.7.2002 for certain purposes and otherwise 6.10.2003) by 2002 c. 16, s. 14, Sch. 2 Pt. 3 para. 25; S.I. 2002/1691 art. 2; S.I. 2003/1766, art. 2

F8 Words in Sch. 6 Pt. 1 Note para. 1(a) inserted (6.4.2003) by 2002 c. 21, ss. 47, 61, Sch. 3 para. 2(b); S.I. 2003/962, art. 2(3)(d) (subject to arts. 3 and 4)

F9 By virtue of the Child Support Appeals (Jurisdiction of Courts) Order (S.I. 1993/961) appeals under section 20 relating to issues of parentage are to be made to the court instead of to the child support appeals tribunal.

F10 Words in Sch. 6 Pt. I inserted (1.2.1995) by S.I. 1994/3250, art. 2

F11 Words in Sch. 6 Pt. 1 substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 40(a) (with Sch. 4 para. 6-8); S.I. 2005/2213, art. 2

F12 Sch. 6 Pt. I para. (c): words substituted (30.12.2005) by 2002 c. 38, ss. 139, 148, Sch. 3 para. 40(b) (with Sch. 4 para. 6-8); S.I. 2005/2213, art. 2

F13 Words in Sch. 6 Pt. I substituted (2.7.2001) by 2000 c. 14, s. 116, Sch. 4 para. 7; S.I. 2001/2041, art. 2(1)(d)(i)(2)(3) (with transitional provisions and savings in Sch.)

Marginal Citations

M1 1991 c.48.

M2 1989 c.41.

M3 1978 c.22.