The Family Proceedings Fees (Amendment) Order 2011

Statutory Instruments

2011 No. 587 (L. 3)

Family Proceedings, England And Wales

Senior Courts Of England And Wales

County Courts, England And Wales

The Family Proceedings Fees (Amendment) Order 2011

Made

28th February 2011

Laid before Parliament

2nd March 2011

Coming into force

4th April 2011

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the power conferred by section 92 of the Courts Act 2003(1).

In accordance with section 92(5) and (6) of that Act the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and commencement

1.  This Order may be cited as the Family Proceedings Fees (Amendment) Order 2011 and shall come into force on 4th April 2011.

Amendment of the Family Proceedings Fees Order 2008

2.  The Family Proceedings Fees Order 2008(2) is amended as follows.

3.  In Schedule 1, in fee 8.1, in column 2, for “£140” substitute “£145”.

4.  In Schedule 1, in fee 8.2—

(a) in fee 8.2(a), in column 2, for “£300” substitute “£325”;

(b) in fee 8.2(b), in column 2, for “£600” substitute “£655”;

(c) in fee 8.2(c), in column 2, for “£900” substitute “£980”;

(d) in fee 8.2(d), in column 2, for “£1,200” substitute “£1,310”;

(e) in fee 8.2(e), in column 2, for “£1,500” substitute “£1,635”;

(f) in fee 8.2(f), in column 2, for “£2,250” substitute “£2,455”;

(g) in fee 8.2(g), in column 2, for “£3,750” substitute “£4,090”;

(h) in fee 8.2(h), in column 2, for “£5,000” substitute “£5,455”.

5.  In Schedule 1, in fee 8.4, in column 2, for “£200” substitute “£205”.

6.  In Schedule 1, in fee 8.6, in column 2, for “£100” substitute “£105”.

7.  In Schedule 1, in fee 12.2, in column 2, for “£25” substitute “£30”.

8.  In Schedule 1, in fee 12.3, in column 2, for “£95” substitute “£110”.

9.  In Schedule 1, in fee 14.1, in column 2, for “£50” substitute “£60”.

10.  In Schedule 1, in fee 14.2, in column 2, for “£50” substitute “£60”.

Signed by authority of the Lord Chancellor

J Djanogly

Parliamentary Under Secretary of State

Ministry of Justice

22nd February 2011

We consent,

Michael Fabricant

Brooks Newmark

Two of the Lords Commissioners of Her Majesty’s Treasury

28th February 2011

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the increase in certain fees payable in family proceedings in England and Wales in the Court of Appeal, High Court and county courts. The fee increases are shown in the body of the Order. In most cases, fees have been increased by the cumulative rate of Consumer Price Index inflation. Fee 8.1 has been increased by less than that and fees 14.1 and 14.2 have been increased by more than that.

The cumulative rates of Consumer Price Index inflation since the fees were last increased is detailed in the Explanatory Memorandum which is published on the website of the Office of Public Sector Information along with a full impact assessment which was prepared for this Order.

(1)

2003 c.39. s92 was amended by section 59 of and paragraphs 308 and 345 of Schedule 4 Part 1 to the Constitutional Reform Act 2005 (c.4).

(2)

S.I. 2008/1054 as amended by S.I. 2008/2856, S.I. 2008/3106, S.I. 2009/1499 and S.I. 2010/1916 (which inserted a new schedule 1).