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Tribunals, Courts and Enforcement Act 2007

Changes over time for: Section 42

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Version Superseded: 19/09/2013

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42FeesU.K.

This section has no associated Explanatory Notes

(1)The Lord Chancellor may by order prescribe fees payable in respect of—

(a)anything dealt with by the First-tier Tribunal,

(b)anything dealt with by the Upper Tribunal,

(c)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)anything dealt with by an added tribunal, and

(e)mediation conducted by staff appointed under section 40(1).

(2)An order under subsection (1) may, in particular, contain provision as to—

(a)scales or rates of fees;

(b)exemptions from or reductions in fees;

(c)remission of fees in whole or in part.

(3)In subsection (1)(d) “added tribunal” means a tribunal specified in an order made by the Lord Chancellor.

(4)A tribunal may be specified in an order under subsection (3) only if—

(a)it is established by or under an enactment, whenever passed or made, and

(b)is not an ordinary court of law.

(5)Before making an order under this section, the Lord Chancellor must consult—

(a)the Senior President of Tribunals, and

(b)the Administrative Justice and Tribunals Council.

(6)The making of an order under subsection (1) requires the consent of the Treasury except where the order contains provision only for the purpose of altering amounts payable by way of fees already prescribed under that subsection.

(7)The Lord Chancellor must take such steps as are reasonably practicable to bring information about fees under subsection (1) to the attention of persons likely to have to pay them.

(8)Fees payable under subsection (1) are recoverable summarily as a civil debt.

(9)Subsection (8) does not apply to the recovery in Scotland of fees payable under this section.

(10)Until the Administrative Justice and Tribunals Council first has ten members appointed under paragraph 1(2) of Schedule 7, the reference to that council in subsection (5) is to be read as a reference to the Council on Tribunals.

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