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The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016

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EXPLANATORY NOTE

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This Order amends the Magistrates’ Courts Fees Order 2008 (S.I. 2008/1052), the Civil Proceedings Fees Order 2008 (S.I. 2008/1053), the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 (S.I. 2011/2344), the First-tier Tribunal (Property Chamber) Fees Order (S.I. 2013/1179), and the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 (S.I. 2013/1893).

This Order provides for the increase of certain fees currently payable in civil proceedings and in connection with civil proceedings in the Magistrates’ Courts. It provides for the increase of certain fees for judicial review proceedings in the Upper Tribunal Immigration and Asylum Chamber. This Order introduces a new fee structure in the First-tier Tribunal Property Chamber.

It amends Schedule 1 to the Civil Proceedings Fees Order 2008, Schedule 1 to the Magistrates’ Courts Fees Order 2008, and Schedule 1 to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 to make the relevant increases. It substitutes a new Schedule of fees for the existing Schedule of fees into the First-tier Tribunal (Property Chamber) Fees Order 2013.

Article 6 of this Order amends Tables 1 and 2 to Schedule 2 of the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 by adding an appeal of a penalty notice under section 37G of the Employment Tribunals Act 1996 (c. 17) and a claim for unauthorised deductions from wages under regulation 5 of the Posted Workers Enforcement Regulations 2016 (S.I. 2016/539) to the list of Type A claims, reflecting the likely lower financial burden of administering such claims.

A full impact assessment accompanies this instrument (copies are also available on the Ministry of Justice’s website at https://www.gov.uk/government/consultations/enhanced-fees-response-and-consultation-on-further-fee-proposals).

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