Amendment of the Family Proceedings Fees Order 2008
7.—(1) The Family Proceedings Fees Order 2008(1) is amended as follows.
(2) In article 1(2) (interpretation), for sub-paragraph (a) substitute—
“(a)“Legal Aid Agency” means the body established under section 2(2)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012(2);”.
(3) In article 3A (exceptions)(3)—
(a)at the end of paragraph (b) omit “or”;
(b)at the end of paragraph (bb) omit “or”;
(c)in paragraph (c), for “applies to vary or discharge an order made in those proceedings” substitute “makes any application in respect of an order made in those proceedings, except an application to appeal such an order”;
(d)at the end of paragraph (c) insert—
“; or
(d)in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals)”.
(4) Omit article 6 (transitional provision).
(5) In Schedule 1 (fees to be taken)(4), in the table—
(a)in the note to fee 5.3 (on an application in existing proceedings on notice, except where separately listed in this Schedule)(5), omit “, except for those at 2.1(t) and (u), where the application fee of £95 is payable”;
(b)omit the entry for fee 6.2 (on commencing an appeal under section 20 in proceedings under the Child Support Act 1991);
(c)in the entry for fee 9.1 (on filing a request for detailed assessment where the party filing the request is legally aided etc.)(6), in column 1 (number and description of fee)—
(i)for “Legal Services Commission” substitute “Legal Aid Agency”;
(ii)for “Part of” substitute “Part 1 of”;
(d)in the note to fees 9.2(a) to (h) (on filing a request for detailed assessment in any case where fee 9.1 does not apply etc.) beginning with the text “Where there is a combined standard basis”, for “Legal Services Commission”, in each place that it occurs, substitute “Legal Aid Agency”;
(e)in each entry relating to a fee listed in the table in Schedule 5 to this Order (“Table 5”), for the amount specified in column 2 (amount of fee) substitute the amount specified in column 3 of the corresponding entry in Table 5 (revised amount of fee).
Article 3A was inserted by S.I. 2015/687 and amended by S.I. 2015/1419.
Schedule 1 was substituted by S.I. 2014/877.
The note to fee 5.3 was amended by S.I. 2016/211.
The entry for fee 9.1 was amended by S.I. 2020/720.