PART 13Criminal justice and court fees

180Court and tribunal fees

(1)

In prescribing a fee under an enactment specified in subsection (2), the Lord Chancellor may with the consent of the Treasury prescribe a fee of an amount which is intended to exceed the cost of anything in respect of which the fee is charged.

(2)

The enactments are—

(a)

section 92 of the Courts Act 2003 (Senior Courts, county courts and magistrates' courts fees);

(b)

section 54 of the Mental Capacity Act 2005 (Court of Protection fees);

(c)

section 58(4)(b) of that Act (Public Guardian fees);

(d)

section 42 of the Tribunals, Courts and Enforcement Act 2007 (tribunal fees).

(3)

Before prescribing a fee by virtue of subsection (1) under an enactment specified in subsection (2)(a), (b) or (d), the Lord Chancellor must have regard to—

(a)

the financial position of the courts and tribunals for which the Lord Chancellor is responsible, including in particular any costs incurred by those courts and tribunals that are not being met by current fee income, and

(b)

the competitiveness of the legal services market.

(4)

For the purposes of subsection (3)(a), the courts and tribunals for which the Lord Chancellor is responsible are the courts listed in section 1(1) of the Courts Act 2003 and the tribunals listed in section 39(1) of the Tribunals, Courts and Enforcement Act 2007.

(5)

A fee prescribed by virtue of subsection (1) under section 58(4)(b) of the Mental Capacity Act 2005 must be used to finance the efficient and effective discharge of functions of the Public Guardian.

(6)

A fee prescribed by virtue of subsection (1) under any other enactment specified in subsection (2) must be used to finance an efficient and effective system of courts and tribunals.

(7)

A statutory instrument—

(a)

containing an order or regulations under an enactment specified in subsection (2), and

(b)

setting a fee in excess of the cost of anything in respect of which the fee is charged,

may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House.

(8)

But subsection (7) does not apply if the statutory instrument only adjusts a fee to reflect changes in the value of money.