The Magistrates'' Courts Fees Order 2008

JurisdictionUK Non-devolved
CitationSI 2008/1052
Year2008

2008 No. 1052 (L. 4)

Magistrates’ Courts, England And Wales

The Magistrates’ Courts Fees Order 2008

Made 7th April 2008

Laid before Parliament 9th April 2008

Coming into force 1st May 2008

The Lord Chancellor, with the consent of the Treasury, makes the following Order in exercise of the power conferred by section 92 of the Courts Act 20031.

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
S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Magistrates’ Courts Fees Order 2008 and shall come into force on 1st May 2008.

Fees payable

Fees payable

S-2 The fees set out in column 2 of Schedule 1 are payable in...

2. The fees set out in column 2 of Schedule 1 are payable in magistrates’ courts in respect of the items described in column 1 in accordance with and subject to the directions specified in that column.

S-3 No fee is payable in respect of— criminal matters (except for...

3.—(1) No fee is payable in respect of—

(a)

(a) criminal matters (except for the supply of a document prepared for use in connection with a criminal matter but which is for use in connection with a matter which is not a criminal matter);

(b)

(b) any summons, warrant, notice or order issued, given or made under sections 83(1) or (2), 88, 89 or 136 of the Magistrates’ Courts Act 19802, or under any rule made for the purpose of those provisions; or

(c)

(c) binding over proceedings.

(2) In this article, “binding over proceedings” means any proceedings instituted (whether by way of complaint under section 115 of the Magistrates’ Courts Act 1980 or otherwise) with a view to obtaining from a magistrates’ court an order requiring a person to enter into a recognizance to keep the peace or to be of good behaviour.

S-4 Where by any convention entered into by Her Majesty with any...

4. Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings.

Remissions and part remissions
S-5 Remissions and part remissions

Remissions and part remissions

5. 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.

Revocations
S-6 Revocations

Revocations

6. The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked.

Transitional provision
S-7 Transitional provision

Transitional provision

7. Fees 10.2(b) and (c) are not payable in respect of an issues resolution hearing, pre-hearing review or final hearing which has been listed on any day between 1st May 2008 and 14th May 2008 inclusive.

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

3rd April 2008

Steve McCabe

Claire Ward

Two of the Lords Commissioners of Her Majesty’s Treasury

7th April 2008

SCHEDULE 1

Article 2

Fees to be taken

Column 1

Number and description of fee

Column 2

Amount of fee

1 Attendance

1.1 On an application for a justice of the peace to view deserted premises in order to affix notice or to give possession thereof, or to view a highway, bridge or nuisance.

£50

2 Case for the opinion of High Court

2.1 On an application to state a case for the opinion of the High Court under section 111 Magistrates’ Courts Act 19803: drawing of case, copies, taking recognizance as required by section 114 of that Act and enlargement and renewal of such recognizance.

£400

2.2 On a request for a certificate of refusal to state a case.

£100

3 Certificate

3.1 On a request for a certificate not otherwise charged.

£40

4 Register of Judgments, Orders and Fines

4.1 On a request for a certificate of satisfaction.

£15

5 Council tax and rates

5.1 On an application for a liability order (each defendant).

£3

Commitment

5.2 On a request for the issue of a complaint (or application) and the issue of a summons or a warrant of arrest without issuing a summons.

£25

5.3 On a request for the issue of a warrant of arrest if the summons is not obeyed.

£25

5.4 On a request for the making of a commitment order.

£40

6 Copy Documents

6.1 On a request for a copy of a document (other than where fee 6.2 applies)—

(a) for ten pages or less;

£5

(b) for each subsequent page.

Where a fee has been paid for a summons, order or warrant no fee will be charged for a copy of that document.

50p

6.2 On a request for a copy of a document on a computer disk or in other electronic form, for each such copy.

£5

7 Duplicate

7.1 On a request for the duplicate of a document.

Fee 7.1 includes a copy or part copy (extract) of a document that is held or supplied by the court that is not otherwise charged (including the transcription of the notes of a justices’ clerk or an assistant to a justices’ clerk).

£15

8 Proceedings under the Domestic Proceedings and Magistrates’ Courts Act 19784

8.1 On an application for an order for financial provision (excluding an application to vary or revoke such an order or in respect of an application for an order made to the benefit of, or against, a person residing outside the United Kingdom).

£175

9 Proceedings under the Family Law Act 19865

9.1 On an application for a declaration of parentage (each child).

£130

10 Proceedings under the Children Act 19896

10.1 On an application for an order in form C1 (free-standing application) or form C2 (application in existing proceedings) or request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989

(a) section 4(1)(c) or (3) or 4A(1)(b) or (3)7 (parental responsibility);

£175

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

£175

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

£175

(d) section 13(1) (change of child’s surname or removal from jurisdiction while residence order in force);

£175

(e) section 14A(3) or (6)(a), 14C(3) or 14D(1)8 (special guardianship orders);

£140

(f) section 25 (secure accommodation order);

£150

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

£150

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

£150

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

£150

(j) section 39 (variation or discharge etc of care and supervision orders);

£150

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

£150

(l) sections 44, 45 and 46 (emergency protection order);

£150

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

£150

(n) section 50 (recovery order);

£150

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

£150

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

£150

(q) 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);

£175

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

£150

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

£150

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

£150

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

£150

10.2 In relation to proceedings under section 31 of the Children Act 1989 (care and supervision orders)—

(a) on an application;

£2,225

(b) where an issues resolution hearing or pre-hearing review has been listed, at least 14 days before the day on which that hearing is listed;

£700

(c) where a final hearing has been listed, at least 14 days before the day on which the final hearing is listed;

£1900

Notes to fee 10.2 only

Where a final order is made at a case management conference, £500 of the amount paid under fee 10.2(a) will be refunded.

Where the court lists more than one issues resolution hearing or pre-hearing review, the fee is payable only once.

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.

Where a fee is paid under fee 10.2(b) or (c) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed.

Notes to fees 10.1 and 10.2

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

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

11 Proceedings under the Human Fertilisation and Embryology Act 19909

11.1 On an application under section 30 (parental order).

£175

12 Proceedings under the Child Support Act 199110

12.1 On an application for a liability order.

£40

12.2 On commencing an appeal under section 2011.

£13...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT