The Courts and Tribunals Fee Remissions Order 2013
| Jurisdiction | UK Non-devolved |
| Citation | SI 2013/2302 |
| Year | 2013 |
2013 No. 2302 (L. 21)
Betting, Gaming And Lotteries
County Courts, 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 Courts and Tribunals Fee Remissions Order 2013
Made 10th September 2013
Laid before Parliament 16th September 2013
Coming into force 7th October 2013
The Lord Chancellor and Secretary of State makes this Order in exercise of the powers conferred on the Lord Chancellor by section 92 of the Courts Act 20031, sections 414 and 415 of the Insolvency Act 19862, section 42 of the Tribunals, Courts and Enforcement Act 20073, section 52 of the Constitutional Reform Act 20054and section 54 of the Mental Capacity Act 20055and on the Secretary of State by section 7(2) of the Gender Recognition Act 20046.
The Lord Chancellor has consulted in accordance with section 92(5) and (6) of the Courts Act 2003, section 42(5) of the Tribunals, Courts and Enforcement Act 2007, section 52(4) to (6) of the Constitutional Reform Act 2005 and section 54(3) of the Mental Capacity Act 2005.
In accordance with section 92(1) of the Courts Act 2003, sections 414(1) and 415(1) of the Insolvency Act 1986, section 42(6) of the Tribunals, Courts and Enforcement Act 2007 and section 54(1) of the Mental Capacity Act 2005, the Lord Chancellor has obtained the agreement, consent and sanction of the Treasury.
Citation and commencement
1. This Order may be cited as the Courts and Tribunals Fee Remissions Order 2013 and shall come into force on 7th October 2013.
Amendments
2. For Schedule 2 of—
(a) the Family Proceedings Fees Order 20087; and
(b) the Magistrates’ Courts Fees Order 20088;
substitute the Schedule to this Order, numbered as Schedule 2.
Amendments to the Non-Contentious Probate Fees Order 2004
3.—(1) The Non-Contentious Probate Fees Order 2004 9is amended as follows.
(2) For Schedule 1A (remissions and part remissions), substitute the Schedule to this Order, numbered as Schedule 1A.
(3) Omit article 5.
Amendments to the Gender Recognition (Application Fees) Order 2006
4.—(1) The Gender Recognition (Application Fees) Order 200610is amended as follows.
(2) In article 1 (citation, commencement and interpretation), omit paragraph (4).
(3) For article 2 (application fees), substitute—
“Application fees
2. Subject to article 3, the fee payable under section 7(2) in relation to an application is £140.”.
(4) For article 3 (circumstances in which no fee is payable), substitute—
“Circumstances in which no fee is payable
3. No fee is payable in relation to an application if—
(a) an application is made under section 1(1) and an interim gender recognition certificate was previously issued to the applicant; or
(b) the application is made under section 5(2), 5A(2) or 6(1).”.
(5) After article 3 (circumstances in which no fee is payable), insert—
“Remissions and part remissions
3A. The Schedule applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of the fee prescribed in article 2.”.
(6) Omit articles 4 (definition of relevant income) and 5 (definition of qualifying benefit).
(7) Insert the Schedule to this Order.
Amendments to the Court of Protection Fees Order 2007
5.—(1) The Court of Protection Fees Order 200711is amended as follows.
(2) In article 3 (schedule of fees), for “the Schedule”, substitute “Schedule 1”.
(3) For article 8 (exemptions), substitute—
“Remissions and part remissions
8. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.”.
(4) Omit article 9 (reductions and remissions in exceptional circumstances).
(5) Number the Schedule (fees to be taken) as Schedule 1.
(6) After Schedule 1 (fees to be taken) as numbered by this Order, insert the Schedule to this Order, numbered as Schedule 2.
(7) For paragraph 14 (income and resources treated as the party’s income and resources) of Schedule 2 so inserted, substitute—
“Resources and income treated as the party’s resources and income
14.—(1) Subject to sub-paragraphs (2) to (5), the disposable capital and gross monthly income of a partner is to be treated as disposable capital and gross monthly income of the party.
(2) Where the partner of the party has a contrary interest to the party in the matter to which the fee relates, the disposable capital and gross monthly income of that partner is not treated as the disposable capital and gross monthly income of the party.
(3) Where proceedings are brought concerning the property and affairs of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule—
(a)
(a) the disposable capital and gross monthly income of the person bringing those proceedings is not treated as the disposable capital and gross monthly income of the party;
(b)
(b) the disposable capital and gross monthly income of ‘P’ is to be treated as the disposable capital of the party; and
(c)
(c) the disposable capital and gross monthly income of the partner of ‘P’, if any, is not treated as the disposable capital and gross monthly income of the party.
(4) Where proceedings are brought concerning the personal welfare of ‘P’, for the purpose of determining whether a party is entitled to a remission or part remission of a fee in accordance with this Schedule, the disposable capital and gross monthly income of a partner, if any, is not treated as the disposable capital and gross monthly income of the party, where that partner is ‘P’ who is the subject of those proceedings in which the fee is payable.
(5) Where proceedings concern both the property and affairs of ‘P’ and their personal welfare, their disposable capital and gross monthly income shall be treated in accordance with sub-paragraph (3).”.
(8) At the end of sub-paragraph 16(3) of Schedule 2 so inserted, for “paying the fee”, substitute “the date of the order of the court which finally disposed of the proceedings”.
Amendments to the Civil Proceedings Fees Order 2008
6.—(1) The Civil Proceedings Fees Order 200812is amended as follows.
(2) For article 5 (remissions and part remissions), substitute—
“Remissions and part remissions
5.—(1) Subject to paragraph (2), Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.
(2) Schedule 2 does not apply to—
(a)
(a) fee 1.3 (fee payable on starting proceedings to recover a sum of money brought by Money Claim OnLine users); or
(b)
(b) fee 8.8 (fee payable on a consolidated attached of earnings order or an administration order).”.
(3) In Schedule 1, after the description for fee 1.9(a), insert—
“1.9(aa) On a request to reconsider at a hearing a decision on permission. |
£215 |
Where fee 1.9(aa) has been paid and permission is granted at a hearing, fee 1.9(b) is not payable. |
” |
(4) For Schedule 2 (remissions and part remissions), substitute the Schedule to this Order, numbered as Schedule 2.
Amendments to the Supreme Court Fees Order 2009
7.—(1) The Supreme Court Fees Order 200913is amended as follows.
(2) For Schedule 2 (remissions and part remissions), substitute the Schedule to this Order, numbered as Schedule 2.
(3) In paragraphs 16 (remission in exceptional circumstances) and 17 (refunds) of Schedule 2 so inserted, for “Lord Chancellor”, in each place, substitute “Chief Executive of the Supreme Court”.
(4) For paragraph 18 (legal aid) of Schedule 2 so inserted, substitute—
“18. A party is not entitled to a remission of a fee if, for the purpose of the proceedings to which the fee relates—
(a) they are in receipt of the following services under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 201214:
(i) Legal representation; or
(ii) Family help (higher);
(b) they are in receipt of legal aid under Part 2 of the Legal Aid, Advice and Assistance (Northern Ireland) Order 198115; or
(c) they are living in Scotland and are in receipt of legal aid.”.
(5) At the end of Schedule 2 so inserted, add—
“Remission for charitable or not-for-profit organisations
21. Where an application for permission to intervene in an appeal is filed by a charitable or not-for-profit organisation which seeks to make submissions in the public interest, the Chief Executive of the Supreme Court may reduce or remit the fee in that case.”.
Amendments to the Upper Tribunal (Lands Chamber) Fees Order 2009
8.—(1) The Upper Tribunal (Lands Chamber) Fees Order 200916is amended as follows.
(2) In article 4 (fees payable), for “the Schedule”, substitute “Schedule 1”.
(3) Omit article 7 and the heading to that article.
(4) After article 7, insert—
“Remissions and part remissions
7A. Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order.”.
(5) Omit article 8.
(6) Number the Schedule (fees to be taken in the Lands Chamber of the Upper Tribunal) as Schedule 1.
(7) After Schedule 1 (fees to be taken in the Lands Chamber of the Upper Tribunal) as numbered by this Order, insert the Schedule to this Order, numbered as Schedule 2.
Amendments to the First-tier Tribunal (Gambling) Fees Order 2010
9.—(1) The First-tier Tribunal (Gambling) Fees Order 20101...
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