The Court of Protection, Civil Proceedings and Magistrates' Courts Fees (Amendment) Order 2018

JurisdictionUK Non-devolved
CitationSI 2018/812

2018 No. 812

Senior Courts Of England And Wales

County Courts, England And Wales

Magistrates’ Courts, England And Wales

Mental Capacity, England And Wales

The Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018

Made 3rd July 2018

Laid before Parliament 4th July 2018

Coming into force in accordance with article 1

The Lord Chancellor, with the consent and sanction of the Treasury, makes the following Order in exercise of the powers conferred by section 92(1) and (2) of the Courts Act 2003 (“the 2003 Act”)1, section 54(1) and (2) of the Mental Capacity Act 2005 (the “2005 Act”)2and sections 414(1), (2) and (8) and 415(1) of the Insolvency Act 19863.

The Lord Chancellor has had regard to the matters referred to in section 92(3) of the 2003 Act.

In accordance with section 92(5) and (6) of the 2003 Act and section 54(3) of the 2005 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, the Civil Justice Council, the President of the Court of Protection and the Senior Judge of the Court of Protection.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Court of Protection, Civil Proceedings and Magistrates’ Courts Fees (Amendment) Order 2018 and comes into force on the twenty-first day after the day on which it is laid.

S-2 Amendments to the Court of Protection Fees Order 2007

Amendments to the Court of Protection Fees Order 2007

2.—(1) The table in Schedule 1 (fees to be taken) to the Court of Protection Fees Order 20074is amended as follows.

(2) In the entry for application fee (article 4), for the amount in column 2 substitute “£385.00”.

(3) In the entry for appeal fee (article 5), for the amount in column 2 substitute “£320.00”.

S-3 Amendments to the Civil Proceedings Fees Order 2008

Amendments to the Civil Proceedings Fees Order 2008

3.—(1) The table in Schedule 1 (fees to be taken) to the Civil Proceedings Fees Order 20085is amended as follows.

(2) In the entry for fee 3.11 (application by consent or without notice in existing proceedings where no other fee specified), for the amount in column 2 substitute “£25”.

(3) In the entry for fee 3.12 (application with notice in existing proceedings where no other fee specified), for the amount in column 2 substitute “£95”.

(4) In the entry for fee 10.4(a) (appointment of a judge of the Commercial Court as an arbitrator or umpire), for the amount in column 2 substitute “£2,275”.

(5) In the entry for fee 10.4(b) (appointment of a judge of the Technology and Construction Court as an arbitrator or umpire), for the amount in column 2 substitute “£1,800”.

(6) In the entry for fee 10.5(a) (additional daily hearing fee for a judge of the Commercial Court sitting as an arbitrator or umpire), for the amount in column 2 substitute...

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