The Court Fees (Miscellaneous Amendments) Order 2021
| Jurisdiction | UK Non-devolved |
| Citation | SI 2021/985 |
| Year | 2021 |
2021 No. 985 (L. 14)
Betting, Gaming And Lotteries
County Court, England And Wales
Family Proceedings, England And Wales
Gender Recognition
Magistrates’ Courts, England And Wales
Mental Capacity, England And Wales
Senior Courts Of England And Wales
Supreme Court Of The United Kingdom
Tribunals And Inquiries
The Court Fees (Miscellaneous Amendments) Order 2021
Made 2nd September 2021
Laid before Parliament 6th September 2021
Coming into force 30th September 2021
The Lord Chancellor and the Secretary of State makes the following Order in exercise of the powers conferred on the Lord Chancellor by section 92(1) and (2) of the Courts Act 20031, sections 414 and 415 of the Insolvency Act 19862, section 54(1) and (2) of the Mental Capacity Act 20053, section 52 of the Constitutional Reform Act 20054, section 42 of the Tribunals, Courts and Enforcement Act 20075, and section 180(1) of the Anti-Social Behaviour, Crime and Policing Act 20146, and on the Secretary of State by section 7(2) of the Gender Recognition Act 20047.
The Lord Chancellor has had regard to the matters referred to in section 92(3) of the Courts Act 2003, section 52(3) of the Constitutional Reform Act 2005 and section 180(3) of the Anti-Social Behaviour, Crime and Policing Act 2014.
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 92(5) and (6) of the Courts Act 2003, 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, in relation to civil proceedings, the Civil Justice Council.
The Lord Chancellor has consulted in accordance with section 52(4) to (6) of the Constitutional Reform Act 2005.
In accordance with section 42(5) of the Tribunals, Courts and Enforcement Act 2007, the Lord Chancellor has consulted the Senior President of Tribunals.
In accordance with section 92(1) of the Courts Act 2003, sections 414(1) and 415(1) of the Insolvency Act 1986, section 54(1) of the Mental Capacity Act 2005 and section 52(1) of the Constitutional Reform Act 2005, the Lord Chancellor has obtained the agreement, consent and sanction of the Treasury.
PART 1
Introduction
Citation and commencement
1. This Order may be cited as the Court Fees (Miscellaneous Amendments) Order 2021 and comes into force on 30th September 2021.
Extent
2.—(1) The following provisions of this Order extend to England and Wales—
(a)
(a) articles 4 to 7;
(b)
(b) article 8 insofar as it relates to the amendment of—
(i) Schedule 1A to the Non-Contentious Probate Fees Order 20048(remissions and part remissions);
(ii) Schedule 2 to the Court of Protection Fees Order 20079(remissions and part remissions);
(iii) Schedule 2 to the Magistrates’ Courts Fees Order 200810(remissions and part remissions);
(iv) Schedule 2 to the Civil Proceedings Fees Order 200811(remissions and part remissions);
(v) Schedule 2 to the Family Proceedings Fees Order 200812(remissions and part remissions);
(vi) Schedule 2 to the Upper Tribunal (Lands Chamber) Fees Order 200913(remissions and part remissions);
(vii) Schedule 2 to the Upper Tribunal (Immigration and Asylum) (Judicial Review) (England and Wales) Fees Order 201114(remissions and part remissions).
(2) The following provisions of this Order extend to England and Wales, Scotland and Northern Ireland—
(a)
(a) this article;
(b)
(b) article 8, insofar as it relates to the amendment of—
(i) the Schedule to the Gender Recognition (Application Fees) Order 200615(remissions and part remissions);
(ii) Schedule 2 to the Supreme Court Fees Order 200916(remissions and part remissions);
(iii) Schedule 2 to the First-tier Tribunal (Gambling) Fees Order 201017(remissions and part remissions);
(iv) Schedule 1 to the First-tier Tribunal (Immigration and Asylum Chamber) Fees Order 201118(remissions and part remissions).
(3) Article 8 of this Order extends to England only insofar as it relates to the amendment of Schedule 2 to the First-tier Tribunal (Property Chamber) Fees Order 201319(remissions and part remissions).
Application
3.—(1) Article 8 of this Order applies to proceedings in the Lands Chamber of the Upper Tribunal insofar as it relates to the amendment of Schedule 2 to the Upper Tribunal (Lands Chamber) Fees Order 2009.
(2) Article 8 of this Order applies to proceedings in the Property Chamber of the First-tier Tribunal insofar as it relates to the amendment of Schedule 2 to the First-tier Tribunal (Property Chamber) Fees Order 2013.
PART 2
Amendment of Court Fees
Amendment of the Court of Protection Fees Order 2007
4.—(1) The table in Schedule 1 to the Court of Protection Fees Order 200720(fees to be taken) is amended as follows.
(2) In the entry “Application fee (Article 4)”, in column 2, for “£365” substitute “£371”.
(3) In the entry “Appeal fee (Article 5)”, in column 2, for “£230” substitute “£234”.
(4) In the entry “Hearing fees (Article 6)”, in column 2, for “£485” substitute “£494”.
Amendment of the Magistrates’ Courts Fees Order 2008
5.—(1) The table in Schedule 1 to the Magistrates’ Courts Fees Order 200821(fees to be taken) is amended as follows.
(2) In the entry for fee 2.1 (on an application to state a case for the opinion of the High Court), in column 2, for “£135” substitute “£137”.
(3) In the entry for fee 2.3 (proceedings under Schedule 5 to the Licensing Act 2003), in column 2, for “£60” substitute “£62”.
(4) In the entry for fee 2.4 (on commencing an appeal where no other fee is specified), in column 2, for “£60” substitute “£62”.
(5) In the entry for fee 3.2 (register of judgments, orders and fines kept under section 98 of the Courts Act 200322), in column 2, for “£15” substitute “£16”.
(6) In the entry for fee 5.1(a) (on a request for a copy document of ten pages or less), in column 2, for “£10” substitute “£11”.
(7) In the entry for fee 5.2 (on a request for a copy of a document on a computer disk or in other electronic form), in column 2, for “£10” substitute “£11”.
(8) In the entry for fee 6.1 (on a request for a licence, consent or authority where no other fee is specified), in column 2, for “£25” substitute “£27”.
(9) In the entry for fee 6.2 (on an application for the renewal or variation of an existing licence), in column 2, for “£25” substitute “£27”.
(10) In the entry for fee 6.3 (on an application for the revocation of a licence where no other fee is specified), in column 2, for “£25” substitute “£27”.
(11) In the entry for fee 7.1 (on taking the attestation of a constable or special constable under the Police Act 1996), in column 2, for “£10” substitute “£11”.
(12) In the entry for fee 7.2 (for every oath, affirmation, solemn declaration or statutory declaration where no other fee is specified), in column 2, for “£25” substitute “£27”.
(13) In the entry for fee 8.2(a) (on an application for leave or permission to commence proceedings where no other fee is specified), in column 2, for “£116” substitute “£125”.
(14) In the entry for fee 8.2(b) (on commencing proceedings where leave or permission has been granted following payment of fee 8.2(a)), in column 2, for “£116” substitute “£125”.
(15) In the entry for fee 9.1 (on an application for a warrant of entry), in column 2, for “£20” substitute “£22”.
(16) In the entry for fee 9.2 (on an application for any other warrant where no other fee is specified), in column 2, for “£75” substitute “£81”.
(17) In the entry for fee 10.1 (on an application for a warrant for commitment made in proceedings under the Council Tax (Administration and Enforcement) Regulations 1992 or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989), in column 2, for “£245” substitute “£264”.
(18) in the entry for fee 10.2 (on the application for a warrant for commitment made in proceedings under the Child Support Act 1991), in column 2, for “£40” substitute “£41”.
Amendment of the Civil Proceedings Fees Order 2008
6.—(1) The table in Schedule 1 to the Civil Proceedings Fees Order 200823(fees to be taken) is amended as follows.
(2) In the entry for fee 1.5 (on starting proceedings for any other remedy in the High Court), in column 2, for “£528” substitute “£569”.
(3) In the entry for fee 1.5 (on starting proceedings for any other remedy in the County Court), in column 2, for “£308” substitute “£332”.
(4) In the entry for fee 1.6 (on the filing of proceedings against a party or parties not named in the proceedings), in column 2, for “£55” substitute “£59”.
(5) In the entry for fee 1.8(a) (on an application for permission to issue proceedings), in column 2, for “£55” substitute “£59”.
(6) In the entry for fee 1.8(b) (on an application for an order under Part 3 of the Solicitors Act 1974 for the assessment of costs), in column 2, for “£55” substitute “£59”.
(7) In the entry for fee 2.1(a) (on the court fixing a trial date or trial period for a case allocated to the multi-track), in column 2, for “£1090” substitute “£1175”.
(8) In the entry for fee 2.1(c)(i) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed does not exceed £300), in column 2, for “£25” substitute “£27”.
(9) In the entry for fee 2.1(c)(ii) (on the court fixing a trial date or trial period for a case allocated to the small claims track where the sum claimed exceeds £300 but does not exceed £500), in column 2, for “£55” substitute “£59”.
(10) In the entry...
To continue reading
Request your trial