SCHEDULE 1Fees to be taken
Column 1 Number and description of fee | Column 2 Amount of fee |
|---|---|
1 Attendance | |
1.1 On an application for a justice of the peace to view deserted premises in order to affix notice or to give possession thereof, or to view a highway, bridge or nuisance. | £50 |
2 Case for the opinion of High Court | |
2.1 On an application to state a case for the opinion of the High Court under section 111 Magistrates’ Courts Act 19803: drawing of case, copies, taking recognizance as required by section 114 of that Act and enlargement and renewal of such recognizance. | £400 |
2.2 On a request for a certificate of refusal to state a case. | £100 |
3 Certificate | |
3.1 On a request for a certificate not otherwise charged. | £40 |
4 Register of Judgments, Orders and Fines | |
4.1 On a request for a certificate of satisfaction. | £15 |
5 Council tax and rates | |
5.1 On an application for a liability order (each defendant). | £3 |
Commitment | |
5.2 On a request for the issue of a complaint (or application) and the issue of a summons or a warrant of arrest without issuing a summons. | £25 |
5.3 On a request for the issue of a warrant of arrest if the summons is not obeyed. | £25 |
5.4 On a request for the making of a commitment order. | £40 |
6 Copy Documents | |
6.1 On a request for a copy of a document (other than where fee 6.2 applies)— | |
(a) for ten pages or less; | £5 |
(b) for each subsequent page. Where a fee has been paid for a summons, order or warrant no fee will be charged for a copy of that document. | 50p |
6.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy. | £5 |
7 Duplicate | |
7.1 On a request for the duplicate of a document. Fee 7.1 includes a copy or part copy (extract) of a document that is held or supplied by the court that is not otherwise charged (including the transcription of the notes of a justices’ clerk or an assistant to a justices’ clerk). | £15 |
8 Proceedings under the Domestic Proceedings and Magistrates’ Courts Act 19784 | |
8.1 On an application for an order for financial provision (excluding an application to vary or revoke such an order or in respect of an application for an order made to the benefit of, or against, a person residing outside the United Kingdom). | £175 |
9 Proceedings under the Family Law Act 19865 | |
9.1 On an application for a declaration of parentage (each child). | £130 |
10 Proceedings under the Children Act 19896 | |
10.1 On an application for an order in form C1 (free-standing application) or form C2 (application in existing proceedings) or request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989— | |
(a) section 4(1)(c) or (3) or 4A(1)(b) or (3)7 (parental responsibility); | £175 |
(b) section 5(1) or 6(7) (guardians); | £175 |
(c) section 10(1) or (2) (section 8 orders); | £175 |
(d) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force); | £175 |
(e) section 14A(3) or (6)(a), 14C(3) or 14D(1)8 (special guardianship orders); | £140 |
(f) section 25 (secure accommodation order); | £150 |
(g) section 33(7) (change of child’s surname or removal from jurisdiction while care order in force); | £150 |
(h) section 34(2), (3), (4) or (9) (contact with child in care); | £150 |
(i) section 36(1) (education supervision order); | £150 |
(j) section 39 (variation or discharge etc of care and supervision orders); | £150 |
(k) section 43(1) (child assessment order); | £150 |
(l) sections 44, 45 and 46 (emergency protection order); | £150 |
(m) section 48 (warrant to assist person exercising powers under emergency protection order); | £150 |
(n) section 50 (recovery order); | £150 |
(o) section 79K (cancellation, variation or removal or imposition of condition of registration of child minder or day carer); | £150 |
(p) section 102 (warrant to assist person exercising powers to search for children or inspect premises); | £150 |
(q) paragraph 1(1) or (4), 2(1) or (5), 5(6), 6(5), (7) or (8), 8(2), 10(2), 11 or 14(1) of Schedule 1 (financial provision for children); | £175 |
(r) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad); | £150 |
(s) paragraph 6 of Schedule 3 (extension of supervision order); | £150 |
(t) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order); | £150 |
(u) paragraph 8(1) of Schedule 8 (appeals concerning foster parenting). | £150 |
10.2 In relation to proceedings under section 31 of the Children Act 1989 (care and supervision orders)— | |
(a) on an application; | £2,225 |
(b) where an issues resolution hearing or pre-hearing review has been listed, at least 14 days before the day on which that hearing is listed; | £700 |
(c) where a final hearing has been listed, at least 14 days before the day on which the final hearing is listed; | £1900 |
Notes to fee 10.2 only Where a final order is made at a case management conference, £500 of the amount paid under fee 10.2(a) will be refunded. | |
Where the court lists more than one issues resolution hearing or pre-hearing review, the fee is payable only once. | |
Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once. | |
Where a fee is paid under fee 10.2(b) or (c) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed. | |
Notes to fees 10.1 and 10.2 Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made. | |
Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, only one fee is payable, and if those fees are different, only the highest fee is payable. | |
Where an application is made or permission is sought under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee is payable only once. | |
Where the same application is made or permission is sought in respect of two or more children at the same time, only one fee is payable in respect of each numbered fee. | |
11 Proceedings under the Human Fertilisation and Embryology Act 19909 | |
11.1 On an application under section 30 (parental order). | £175 |
12 Proceedings under the Child Support Act 199110 | |
12.1 On an application for a liability order. | £40 |
12.2 On commencing an appeal under section 2011. | £130 |
12.3 On commencing an appeal against a deduction from earnings order. | £80 |
12.4 On a complaint (or an application), the issue of a summons and/or a warrant of arrest, and the making of a commitment order (combined fee). | £90 |
13 Proceedings under the Adoption and Children Act 200212 | |
13.1 On an application or a request for permission to apply under any provision in Part 1 of the Adoption and Children Act 2002, other than an application under section 22 of that Act. | £140 |
Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made. | |
Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable. | |
Where the same application is made or permission is sought in respect of two or more children at the same time, only one fee is payable. | |
13.2 On an application under section 22 of the Adoption and Children Act 2002 (placement order). | £400 |
14 Proceedings under Schedule 6 to the Civil Partnership Act 200413 | |
14.1 On an application for an order for financial provision (excluding an application to vary or revoke such an order or in respect of an application for an order made to the benefit of, or against, a person residing outside the United Kingdom). | £175 |
15 Proceedings to vary, extend or revoke an order made in family proceedings | |
15.1 On an application to vary, extend or revoke an order not otherwise charged. | £20 |
16 Licences | |
16.1 On a request for a licence, consent or authority not otherwise provided for, to include registration when necessary. | £20 |
16.2 On an application for the revocation of a licence not otherwise provided for. | £30 |
17 Oaths | |
17.1 On taking the attestation of a constable – for each person. | £10 |
17.2 For 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 directs that no fee will be taken). | £25 |
18 Other civil proceedings | |
18.1 On filing a complaint (or application). | £75 |
18.2 On a request to issue a summons and copy. | £75 |
18.3 On a request to issue a warrant and copy. | £50 |
18.4 On a request to make an order and copy. | £50 |
18.5 On commencing an appeal under paragraph 1, 2(2), 3(2)(a), 4(2), 7(2), 8(2)(b), 8A(2)(b), 10, 11(2), 12(2), 13(2)(b), 14, 16(2), 17(1) and (4) or 18(2)(a) of Schedule 5 to the Licensing Act 200314. | £400 |
19 Warrant of Entry | |
19.1 On the application for a warrant of entry. | £10 |
Note: Only one fee is payable where more than one document is issued in relation to a partnership. |
SCHEDULE 2Remissions and part-remissions
Interpretation
1.
(1)
In this Schedule—
“disposable monthly income” has the meaning given in paragraph 5;
“excluded benefits” means—
(a)
any of the following benefits payable under the Social Security Contributions and Benefits Act 1992—
- (i)
attendance allowance paid under section 64;
- (ii)
severe disablement allowance;
- (iii)
carer’s allowance;
- (iv)
disability living allowance;
- (v)
constant attendance allowance paid under section 104 or paragraph 4 or 7(2) of Schedule 8 as an increase to a disablement pension;
- (vi)
council tax benefit;
- (vii)
any payment made out of the social fund;
- (viii)
housing benefit;
(b)
(c)
(d)
(e)
(f)
any payment made from the Independent Living Funds; and
(g)
any financial support paid under an agreement for the care of a foster child;
“gross annual income” means total annual income, for the 12 months preceding the application for remission or part remission, from all sources other than receipt of any of the excluded benefits;
“gross monthly income” means total monthly income, for the month in which the application for remission or part remission is made, from all sources other than receipt of any of the excluded benefits;
“the Independent Living Funds” has the meaning given in the Criminal Defence Service (Financial Eligibility) Regulations 2006;
“LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999;
“partner” means a person with whom the party lives as a couple and includes a person with whom the party is not currently living but from whom the party is not living separate and apart;
“party” means the party who would, but for this Schedule, be liable to pay the fee required under this Order;
(2)
(a)
do not apply to a party who is in receipt of funding provided by the LSC for the purposes of the proceedings for which a certificate has been issued under the Funding Code; and
(b)
are subject to the provisions of paragraph 10 (vexatious litigants).
Full remission of fees – qualifying benefits
2.
(1)
No fee is payable under this Order if, at the time when a fee would otherwise be payable, the party—
(a)
is in receipt of a qualifying benefit; or
(b)
is not a beneficiary of a trust fund in court of a value of more than £50,000 and is—
(i)
under the age of eighteen; or
(ii)
a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or being applied for.
(2)
The following are qualifying benefits for the purposes of sub-paragraph (1)(a)—
(a)
income support under the Social Security Contributions and Benefits Act 1992;
(b)
working tax credit, provided that no child tax credit is being paid to the party;
(c)
income-based jobseeker’s allowance under the Jobseekers Act 1995; and
(d)
(3)
Sub-paragraph (1)(b) applies to—
(a)
an application to which fee 8, 9, 10, 11, 12, 13, 14 or 15 applies;
(b)
an application or request to which fee 2, 3, 6 or 7 applies where the application or request is made in relation to proceedings to which fee 8, 9, 10, 11, 12, 13, 14 or 15 applies.
Full remission of fees – gross annual income
3.
(1)
No fee is payable under this Order if, at the time when the fee would otherwise be payable, the party has the number of children specified in column 1 of the following table and—
(a)
if the party is single, the gross annual income of the party does not exceed the amount set out in the appropriate row of column 2; or
(b)
if the party is one of a couple, the gross annual income of the couple does not exceed the amount set out in the appropriate row of column 3.
Column 1 Number of children of party paying fee | Column 2 Single | Column 3 Couple |
|---|---|---|
no children | £12,000 | £16,000 |
1 child | £14,735 | £18,735 |
2 children | £17,470 | £21,470 |
3 children | £20,205 | £24,205 |
4 children | £22,940 | £26,940 |
(2)
If the party paying the fee has more than 4 children then the relevant amount of gross annual income is the amount specified in the table for 4 children plus the sum of £2,735 for each additional child.
Full and part remission of fees – disposable monthly income
4.
(1)
No fee is payable under this Order if, at the time when the fee would otherwise be payable, the disposable monthly income of the party is £50 or less.
(2)
The maximum amount of fee payable is—
(a)
if the disposable monthly income of the party is more than £50 but does not exceed £210, an amount equal to one-quarter of every £10 of the party’s disposable monthly income up to a maximum of £50; and
(b)
if the disposable monthly income is more than £210, an amount equal to £50 plus one-half of every £10 over £200 of the party’s disposable monthly income.
(3)
Where the fee that would otherwise be payable under this Order is greater than the maximum fee which a party is required to pay as calculated in sub-paragraph (2), the fee will be remitted to the amount payable under that sub-paragraph.
Disposable monthly income
5.
(1)
(2)
There are to be deducted from the gross monthly income—
(a)
income tax paid or payable in respect of the period;
(b)
any contributions estimated to have been paid under Part 1 of the Social Security Contributions and Benefits Act 1992 in respect of the period;
(c)
either—
(i)
monthly rent or monthly payment in respect of a mortgage debt or hereditable security, payable in respect of the only or main dwelling of the party, less any housing benefit paid under the Social Security Contributions and Benefits Act 1992; or
(ii)
the monthly cost of the living accommodation of the party;
(d)
any child care costs paid or payable in respect of the period;
(e)
if the party is making bona fide payments for the maintenance of a child who is not a member of the household of the party, the amount of such payments paid or payable in respect of the period; and
(f)
any amount paid or payable by the party, in respect of the period, in pursuance of a court order.
(3)
There will be deducted from the gross monthly income an amount representing the cost of living expenses in respect of the period being—
(a)
£296; plus
(b)
£228 for each child of the party; plus
(c)
£150, if the party has a partner.
Resources of partners
6.
(1)
For the purpose of determining whether a party is entitled to the remission or part remission of a fee in accordance with this Schedule, the income of a partner, if any, is to be included as income of the party.
(2)
The receipt by a partner of a qualifying benefit does not entitle a party to remission of a fee.
Application for remission or part remission of fees
7.
(1)
An application for remission or part remission of a fee must be made to the court officer at the time when the fee would otherwise be payable.
(2)
Where a claim for full remission of fees is made, the party must provide documentary evidence of, as the case may be—
(a)
entitlement to a qualifying benefit; or
(b)
gross annual income and, if applicable, the children included for the purposes of paragraph 3.
(3)
Where a claim for full or part remission of fees under paragraph 4 is made, the party must provide documentary evidence of—
(a)
such of the party’s gross monthly income as is derived from—
(i)
employment;
(ii)
rental or other income received from persons living with the party by reason of their residence in the party’s home;
(iii)
a pension; or
(iv)
a state benefit, not being an excluded benefit; and
(b)
any expenditure being deducted from the gross monthly income in accordance with paragraph 5(2).
Remission in exceptional circumstances
8.
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, the Lord Chancellor may reduce or remit the fee in that case.
Refunds
9.
(1)
Subject to sub-paragraph (3), where a party has not provided the documentary evidence required by paragraph 7 and a fee has been paid at a time when, under paragraphs 2, 3 or 4, it was not payable, the fee will be refunded if documentary evidence relating to the time when the fee became payable is provided at a later date.
(2)
(3)
No refund will be made under this paragraph unless the party who paid the fee applies within 6 months of paying the fee.
(4)
The Lord Chancellor may extend the period of 6 months mentioned in sub-paragraph (3) if the Lord Chancellor considers that there is a good reason for an application being made after the end of the period of 6 months.
Vexatious Litigants
10.
(1)
This paragraph applies where—
(a)
a restraint order is in force against a party; and
(b)
the party makes an application for permission to—
(i)
issue proceedings or take a step in proceedings as required by the restraint order;
(ii)
apply for amendment or discharge of the order; or
(iii)
appeal the order.
(2)
The fee prescribed for the application by Schedule 1 is payable in full.
(3)
If the court grants the permission requested the applicant will be refunded the difference between—
(a)
the fee paid; and
(b)
the fee that would have been payable if this Schedule had been applied without reference to this paragraph.
SCHEDULE 3Revocations
Column 1 Title | Column 2 Reference |
|---|---|
The Magistrates’ Courts Fees Order 2005 | |
The Magistrates’ Courts Fees (Amendment) Order 2006 | |
The Magistrates’ Courts Fees (Amendment) Order 2007 | |
The Magistrates’ Courts Fees (Amendment) Order 2008 |