Citation and commencement E+W

1.—(1) This Order may be cited as the Civil Proceedings Fees Order 2008 and shall come into force on 1st May 2008.

(2) In this Order—

(a) “CCBC” means County Court [F1 Business] Centre;

(b) “the CPR” means the Civil Procedure Rules 1998 M1 ;

(c) “LSC” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 M2 ;

(d) expressions also used in the CPR have the same meaning as in those Rules.

Textual Amendments

F1 Word in art. 1(2)(a) substituted (22.4.2014) by The Civil Proceedings Fees (Amendment) Order 2014 (S.I. 2014/874), arts. 1, 2(2)

Marginal Citations

M1 S.I. 1998/3132.

M2 1999 c.22. Sections 1 and 9 were amended by S.I. 2005/3429.

Fees payable E+W

2.  The fees set out in column 2 of Schedule 1 are payable in the [F2 Senior Courts of England and Wales] and in [F3 the County Court] in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

Textual Amendments

F2 Words in art. 2 substituted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(2) (with art. 3)

F3 Words in art. 2 substituted (22.4.2014) by The Civil Proceedings Fees (Amendment) Order 2014 (S.I. 2014/874), arts. 1, 2(3)

3.  No fee is payable in respect of—

(a) non-contentious probate business;

(b) the enrolment of documents;

(c) criminal proceedings (except proceedings on the Crown side of the Queen's Bench Division to which the fees in Schedule 1 are applicable);

(d) proceedings by sheriffs, under-sheriffs, deputy-sheriffs or other officers of the sheriff; or

(e) family proceedings in the High Court or in [F4 the County Court].

Textual Amendments

F4 Words in art. 3(e) substituted (22.4.2014) by The Civil Proceedings Fees (Amendment) Order 2014 (S.I. 2014/874), arts. 1, 2(4)

4.  Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions E+W

[F5 5.— (1) Subject to paragraph (2), Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.

(2) Schedule 2 does not apply to—

[F6 (a) fee 1.2 if the fee relates to proceedings to recover a sum of money in cases brought by Money Claim OnLine users; or]

(b) fee 8.8 (fee payable on a consolidated attached of earnings order or an administration order).]

Textual Amendments

F5 Art. 5 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 6(2) (with art. 13)

F6 Art. 5(2)(a) substituted (9.3.2015) by The Civil Proceedings and Family Proceedings Fees (Amendment) Order 2015 (S.I. 2015/576), arts. 1, 2(2)

Revocations E+W

6.  The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.

Signed by authority of the Lord Chancellor

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

We consent,

Steve McCabe

Claire Ward

Two of the Lords Commissioners of Her Majesty's Treasury