The Civil Proceedings Fees (Amendment) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes the following amendments to the Civil Proceedings Fees Order 2008:

(a) the notes to fee 7.3(b) and fee 8.4(b) are amended to make clear that a fee is payable in respect of each charging order applied for, rather than each application issued;

(b) in fee 8.1, the paragraphs are re-numbered;

(c) the description of fee 8.9 is amended so that it is aligned with the wording used in rule 70.5 of the Civil Procedure Rules 1998;

(d) a new fee, fee 8A, is inserted in respect of an application for service by a bailiff of an order to attend court for questioning. This application arises from Practice Direction 71 to the Civil Procedure Rules 1998;

(e) amends the definition of “party” in Schedule 2, so that it refers to “individual” rather than “party”, in order that that fee remissions do not apply to companies, partnerships or charities; and

(f) The Welfare Reform Act 2007 introduces a new benefit, income-related employment and support allowance. This benefit will be a qualifying benefit under Schedule 2.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.