The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024

This Statutory Instrument has been made in part to correct errors in S.I. 2007/1745 and S.I. 2009/1114 and is being issued free of charge to all known recipients of those Statutory Instruments.

Statutory Instruments

2024 No. 476

BETTING, GAMING AND LOTTERIES

COUNTY COURT, ENGLAND AND WALES

FAMILY PROCEEDINGS, ENGLAND AND WALES

MAGISTRATES' COURTS, ENGLAND AND WALES

MENTAL CAPACITY, ENGLAND AND WALES

SENIOR COURTS OF ENGLAND AND WALES

TRIBUNALS AND INQUIRIES

The Court and Tribunal Fees (Miscellaneous Amendments) Order 2024

Made

3rd April 2024

Laid before Parliament

10th April 2024

Coming into force

1st May 2024

The Lord Chancellor makes the following Order in exercise of the powers conferred on the Lord Chancellor by section 133(4) of the Senior Courts Act 1981(1), sections 414(1)(a) and 415(1)(a) and (1A) of the Insolvency Act 1986(2), section 92(1) and (2)(b) and (c) of the Courts Act 2003(3), sections 54(1) and (2)(b) and (c) and 65(1)(b) of the Mental Capacity Act 2005(4), section 42(1)(a) and (b) of the Tribunals, Courts and Enforcement Act 2007(5) and section 180(1) of the Anti-Social Behaviour, Crime and Policing Act 2014(6).

In accordance with section 133(4) of the Senior Courts Act 1981, sections 414(1) and 415(1) of the Insolvency Act 1986, section 92(1) of the Courts Act 2003, section 54(1) of the Mental Capacity Act 2005 and section 180(1) of the Anti-Social Behaviour, Crime and Policing Act 2014, the Lord Chancellor has obtained the consent, concurrence and sanction of the Treasury.

The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003 and section 180(3) of the Anti-Social Behaviour, Crime and Policing Act 2014.

In accordance with section 133(4) of the Senior Courts Act 1981, the Lord Chancellor has obtained the concurrence of the Master of the Rolls.

In accordance with section 92(5) and (6) of the Courts Act 2003(7), the Lord Chancellor has consulted the Lady Chief Justice, the Master of the Rolls, the President of the King’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, in relation to civil proceedings, the Civil Justice Council.

In accordance with section 54(3) of the Mental Capacity Act 2005, the Lord Chancellor has consulted the President of the Court of Protection, the Vice-President of the Court of Protection and the Senior Judge of the Court of Protection.

In accordance with section 42(5) of the Tribunals, Courts and Enforcement Act 2007(8), the Lord Chancellor has consulted the Senior President of Tribunals.

(1)

1981 c. 54. The Act’s title was amended by paragraph 1(1) of Schedule 11 to the Constitutional Reform Act 2005 (c. 4). Section 133(4) was amended by paragraph 26(2) of Schedule 11 to the Constitutional Reform Act 2005.

(2)

1986 c. 45. Section 414(1)(a) was amended by paragraph 23 of Schedule 3 to the Corporate Insolvency and Governance Act 2020 (c. 12). Section 415(1)(a) was amended by paragraph 9(3) of Schedule 20 to the Tribunals, Courts and Enforcement Act 2007 (c. 15) and paragraph 59(2)(a) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013 (c. 24). Section 415(1A) was inserted by paragraph 59(3) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013.

(3)

2003 c. 39. Section 92(1) and (2) was amended by paragraph 4(3) of Schedule 11 to the Constitutional Reform Act 2005 and paragraph 40(a) of Schedule 9 and paragraph 95 of Schedule 10 to the Crime and Courts Act 2013 (c. 22).

(4)

2005 c. 9. Relevant amending instrument in respect of section 65(1)(b) is S.I. 2006/1016.

(5)

2007 c. 15.

(6)

2014 c. 12. As this instrument only adjusts a fee to reflect changes in the value of money, in accordance with section 180(8) of the Anti-Social Behaviour, Crime and Policing Act 2014, section 180(7) of that Act does not apply (requirement that a statutory instrument to which section 180(7) applies may not be made unless a draft of the instrument has been laid before both Houses of Parliament and approved by a resolution of each House).

(7)

Section 92(5) was amended by paragraph 345 of Schedule 4 to the Constitutional Reform Act 2005.

(8)

Section 42(5) was amended by S.I. 2013/2042.