The Family Proceedings Fees (Amendment) Order 2014

JurisdictionUK Non-devolved
CitationSI 2014/877
Year2014

2014No. 877 (L. 20)

FAMILY PROCEEDINGS, ENGLAND AND WALES

SENIOR COURTS OF ENGLAND AND WALES

The Family Proceedings Fees (Amendment) Order 2014

27thMarch2014

1stApril2014

22ndApril2014

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the power conferred by sections 92 and 108(6) 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 2014 and shall come into force on 22nd April 2014.

Amendment of the Family Proceedings Fees Order 2008

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

(2) In article 2 for "county courts" substitute "the family court".

(3) For Schedule 1 (which specifies the fees to be taken in family proceedings), substitute the Schedule in the Schedule to this Order.

Transitional Provision

3. Where fee 2.2, as it stood immediately before this Order came into force, has been paid before 22nd April 2014 and subsequently a final order is made at a case management conference or case management hearing, £1,360 shall be refunded.

Signed by authority of the Lord Chancellor

Shailesh Vara

Parliamentary Under Secretary of State

Ministry of Justice

27th March 2014

We consent

Sam Gyimah

Anne Milton

Two of the Lords Commissioners of Her Majesty's Treasury

27th March 2014

SCHEDULE

Article 2(3)

"SCHEDULE 1

Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

1 Commencement of proceedings

1.1 On filing an application to start proceedings where no other fee is specified.

£245

1.2 On presenting an application for-

(a) a decree of divorce made under section 1 of the Matrimonial Causes Act 1973 1000;

(b) a decree of nullity made under sections 11 or 12 of the Matrimonial Causes Act 1973;

(b) a dissolution order or nullity order made under section 37 of the Civil Partnership Act 2004 1001.

£410

1.3 On presenting an application for-

(a) a matrimonial or civil partnership order, other than an application for a decree of divorce, a decree of nullity, a dissolution order, nullity order or to which rule 7.7(1)(b) of the Family Procedure Rules 2010 1002 applies, or

(b) a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies.

£365

Note: Fee 1.3 is payable only once for each declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies.

1003.

£75

1.5 On amending an application for a matrimonial or civil partnership order, amending an application for a declaration to which Chapter 5 of Part 8 of the Family Procedure Rules 2010 applies, or making an application to which rule 7.7(1)(b) of the Family Procedure Rules 2010 applies.

£95

1.6 On filing an answer to an application for a matrimonial or civil partnership order.

£245

1004 for the assessment of costs payable to a solicitor by a client; or on the commencement of costs-only proceedings.

£50

1005.

£215

2 Proceedings under the Children Act 1989

1006-

1007 (parental responsibility);

£215

1008 (parental responsibility);

£215

(c) section 5(1) or 6(7) (guardians);

£215

(d) section 10(1) or (2) (section 8 orders);

£215

1009 (enforcement orders);

£215

1010 (compensation for financial loss);

£215

(g) section 13(1) (change of child's surname or removal from jurisdiction while child arrangements order in force);

£215

1011 (special guardianship orders);

£215

(i) section 25 (secure accommodation order);

£215

(j) section 33(7) (change of child's surname or removal from jurisdiction while care order in force);

£215

(k) section 34(2), (3), (4) or (9) (contact with child in care);

£215

(l) section 36(1) (education supervision order);

£215

(m) section 39 (variation or discharge

of care and supervision orders);

etc

£215

(n) section 43(1) (child assessment order);

£215

(o) sections 44, 45 and 46 (emergency protection orders);

£215

(p) section 48 (warrant to assist person exercising powers under emergency protection order);

£215

(q) section 50 (recovery order);

£215

(r) section 79K (cancellation, variation or removal or imposition of condition of registration of child minder or day carer);

£215

(s) section 102 (warrant to assist person exercising powers to search for children or inspect premises);

£215

1012 (applications in respect of enforcement orders);

£95

(u) paragraph 5(2) of Schedule A1 (amendment of enforcement order by reason of change of address);

£95

(v) paragraph 1(1) or (4), 2(1) or (5), 5(6), 6(5), (7) or (8), 8(2), 10(2), 11 or 14(1) of Schedule 1 (financial provision for children);

£215

(w) paragraph 19(1) of Schedule 2 (approval of court for child in care of local authority to live abroad);

£215

(x) paragraph 6 of Schedule 3 (extension of supervision order);

£215

(y) paragraph 15(2) or 17(1) of Schedule 3 (extension or discharge of education supervision order).

£215

(z) paragraph 8(1) of Schedule 8 (appeals concerning foster parenting).

£215

2.2 On an application under section 31 of the Children Act 1989 (care and supervision orders).

£2,055

Notes to fees 2.1 and 2.2

Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made, permission is sought or an appeal is commenced under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.

Where an application is made, permission is sought or an appeal is commenced under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, that fee is payable only once.

Where the same application is made, permission is sought or an appeal is commenced in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee.

Note to fee 2.2 only

Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.

2.3 On commencing an appeal in relation to proceedings to which the fees listed as 2.1 (a) to (s), (v) to (y) and 2.2 apply.

£215

2.4 On commencing an appeal under paragraph 23(11) of Schedule 2 to the Children Act 1989 (appeal against contribution order).

£215

3 Adoption and wardship applications

1013, other than an application under section 22 of that Act.

£170

3.2 On applying under section 22 of the Adoption and Children Act 2002 (placement order).

£455

3.3 On applying for the exercise by the High Court of its inherent jurisdiction with respect to children.

£170

When an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable.

Where the same application is made or permission is sought in respect of two or more children, who are siblings or children of the same family, at the same time, only one fee is payable.

4 Proceedings under the Children and Adoption Act 2006

4.1 On an application for a warning notice to be attached to a contact order.

£50

1014 which are listed in two or more different numbered fees, only one fee is payable.

Where the same application is made or permission is sought in respect of two or more children at the same time, and those children are siblings or children of the family, only one fee is payable in respect of each numbered fee.

5 Applications in existing proceedings

5.1 On an application in existing proceedings without notice or by consent, except where separately listed in this Schedule.

£50

Notes: Fee 5.1 is not payable in relation to an application by consent for an adjournment of a hearing where the application is received by the court at least 14 days before the date set for that hearing.

Fee 5.1 is not payable on an application to make a decree or order absolute or final, as the case may be, where the applicant has paid fee 1.2.

Fee 5.1 is payable in proceedings under the Children Act 1989 to which the fees listed at 2.1 apply.

5.2 On an application under rule 7.19 of the Family Procedure Rules 2010 for the court to consider the making of a decree nisi, conditional order, a decree of judicial separation or a separation order (other than in an undefended case where no fee is payable).

£50

5.3 On an application in existing proceedings on notice, except where separately listed in this Schedule.

£155

Note: Fee 5.3 is payable in proceedings under the Children Act 1989 to which the fees listed at 2.1 apply, except for those at 2.1(t) and (u), where the application fee of £95 is payable.

5.4 On the filing of-

(a) a notice of intention to proceed with an application for a financial order to which rule 9.4(a) of the Family Procedure Rules 2010 applies; or

(b) an application for a financial order to which rule 9.4(b) of the Family Procedure Rules 2010 applies,

other than an application for a consent order.

£255

6 Appeal

6.1 On filing an appeal notice from a district judge, one or more lay justices, a justices' clerk or an assistant to a justices' clerk.

£125

1015 1016 in proceedings under the Child Support Act 1991

£165

7 Searches

7.1 On making a...

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