The Civil Proceedings Fees Order 2008

[F1 Application for remission of a fee E+W

15.— (1) An application for remission of a fee must be made at the time when the fee would otherwise be payable.

(2) Where an application for remission of a fee is made, the party must—

(a) indicate the fee to which the application relates;

(b) declare the amount of their disposable capital; and

(c) provide documentary evidence of their gross monthly income and the number of children relevant for the purposes of [F2 paragraph 11].

(3) Where an application for remission of a fee is made on F3 ... the date on which a fee is payable, the date for payment of the fee is disapplied.

(4) [F4 Subject to sub-paragraph (5),] where an application for remission is refused, or if part remission of a fee is granted, the amount of the fee which remains unremitted must be paid within the period notified in writing to the party.

[F5 (5) Where an application for remission of fee 2.1 is refused, or if part remission of that fee is granted, the amount of the fee which remains unremitted must be paid in accordance with the directions in column 1 of the table in Schedule 1 (fees to be taken), in respect of fee 2.1.]]

[F6 (6) The Lord Chancellor may by written notice request such additional information or evidence as is required to assess the party’s entitlement to fee remission under this Order, and the period specified by such notice must not be less than 7 days, beginning with the day after the date on which the notice is sent.

(7) An application for remission of a fee may be treated as abandoned and no further action taken, if a party fails to provide the information requested under sub-paragraph (6) within the period specified by that notice, or such other extended period as may be agreed in writing at the Lord Chancellor’s discretion.]

Textual Amendments

F1 Sch. 2 substituted (7.10.2013) by The Courts and Tribunals Fee Remissions Order 2013 (S.I. 2013/2302), arts. 1, 6(4), Sch. (with art. 13)

F2 Words in Sch. 2 para. 15(2)(c) substituted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(m)(i) (with art. 6)

F3 Words in Sch. 2 para. 15(3) omitted (27.11.2023) by virtue of The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(m)(ii) (with art. 6)

F4 Words in Sch. 2 para. 15(4) inserted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(4)(a) (with art. 3)

F5 Sch. 2 para. 15(5) inserted (6.3.2017) by The Civil Proceedings Fees (Amendment) Order 2016 (S.I. 2016/1191), arts. 1, 2(4)(b) (with art. 3)

F6 Sch. 2 para. 15(6)(7) inserted (27.11.2023) by The Courts and Tribunals (Fee Remissions and Miscellaneous Amendments) Order 2023 (S.I. 2023/1094), arts. 1(2), 3(3)(m)(iii) (with art. 6)