The Upper Tribunal (Lands Chamber) Fees Order 2009

JurisdictionUK Non-devolved
CitationSI 2009/1114
Year2009

2009 No. 1114

Tribunals And Inquiries, England And Wales

The Upper Tribunal (Lands Chamber) Fees Order 2009

Made 27th April 2009

Laid before Parliament 30th April 2009

Coming into force 1st June 2009

The Lord Chancellor makes this Order in exercise of the power conferred on him by section 42(1)(b) of the Tribunals Courts and Enforcement Act 20071, after consultation with the Senior President of Tribunals and the Administrative Justice and Tribunals Council in accordance with section 42(5) and with the consent of the Treasury in accordance with section 42(6).

Citation, commencement, extent, application and interpretation

Citation, commencement, extent, application and interpretation

S-1 This Order may be cited as the Upper Tribunal (Lands Chamber)...

1. This Order may be cited as the Upper Tribunal (Lands Chamber) Fees Order 2009 and comes into force on 1st June 2009.

S-2 This Order extends to England and Wales and applies to...

2. This Order extends to England and Wales and applies to proceedings in the Lands Chamber of the Upper Tribunal established by the First-tier Tribunal and Upper Tribunal (Chambers) Order 20082.

S-3 “ The Rules ” means the Lands Tribunal Rules 1996 and any...

3. “The Rules” means the Lands Tribunal Rules 19963and any reference in this Order to a rule by number alone means that rule in the Rules.

Fees payable

Fees payable

S-4 The fees payable in respect of proceedings before the Lands...

4. The fees payable in respect of proceedings before the Lands Chamber of the Upper Tribunal are set out in the Schedule to this Order.

S-5 A notice, application or other document in respect of which a...

5.—(1) A notice, application or other document in respect of which a fee is payable must be accompanied by a cheque or postal order made payable to the Tribunals Service for the amount of the fee.

(2) Otherwise, and unless the Upper Tribunal directs otherwise, a fee shall be payable by the party by whom the proceedings were commenced (without prejudice to that party’s right to recover the fee from any other party pursuant to an order for costs) on receipt of notification from the Upper Tribunal.

S-6 The proceedings referred to in paragraphs 1, 9, 10 and 12 of...

6. The proceedings referred to in paragraphs 1, 9, 10 and 12 of the Schedule do not include an appeal against a determination by Her Majesty’s Revenue and Customs under the Finance Act 19754or a reference under sections 47(1) or 47A of the Taxes Management Act 19705.

Exceptions

Exceptions

S-7 Where it appears to the Lord Chancellor that the payment of any...

7. Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the case, involve undue financial hardship, the Lord Chancellor may reduce or remit the fee.

S-8 Subject to paragraph (2), when a fee has been paid where, if...

8.—(1) Subject to paragraph (2), when a fee has been paid where, if the Lord Chancellor had been aware of all of the circumstances, the Lord Chancellor would have reduced or remitted the fee under article 7, the appropriate amount shall be refunded.

(2) No refund shall be made under paragraph (1) unless the party who paid the fee applies for a refund within 6 months of the date of payment.

(3) The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if the Lord Chancellor considers that there is good reason for an application being made after the end of that period.

Bridget Prentice

Parliamentary Under Secretary of State

Ministry of Justice

21st April 2009

Tony Cunningham

Dave Watts

Two of the Lords Commissioners of Her Majesty’s Treasury

27th April 2009

SCHEDULE

Fees

Item

Fee

£

Lodging a reference or an appeal (other than a rating appeal)

1. On lodging a notice of reference under rule 10 (notice of reference) or a notice of appeal (not being a rating appeal) under rule 6 (notice of appeal)

50

Lodging an absent owner application

2. On lodging an application for a determination under Schedule 2 to the Compulsory Purchase Act 19656 (absent or untraced owners) or section 58 of the Land Clauses Consolidation Act 18457 (compensation to absent parties to be determined by a surveyor appointed by two justices)

100

Lodging a rating appeal

3. On lodging a notice of a rating appeal under rule 6 (notice of appeal), one percent of rateable value, subject to—

(a) minimum fee

50

(b) maximum fee

5,000

Lodging a restrictive covenant application

4. On lodging an application under rule 13 (method of making application) in respect of section 84 of the Law of Property Act 19258 (power to discharge or modify restrictive covenants affecting land)

200

Lodging a rights of light application

5. On lodging an application under rule 21 (form of application) in respect of section 2 of the Rights of Light Act 19599 (registration of notice in lieu of obstruction of access of light)—

(a) for a definitive certificate

250

(b) for a temporary and definitive certificate

300

Interlocutory or consent order application

6. On lodging an interlocutory application (rule 38) (interlocutory applications)

40

7. On lodging an application for a consent order (rule 51) (consent orders)

100

Hearing a rating appeal

8. On the hearing of an appeal from the decision of a Tribunal with jurisdiction to hear rating appeals, five percent of rateable value as determined in the final order of the Tribunal, subject to—

(a) minimum fee

100

(b) maximum fee

5,000

Hearing a reference or other appeal (excluding one where the hearing fee is calculated on the basis of rental value)

9. On the hearing of a reference or an appeal against a determination or on an application for a certificate of value (excluding one where the hearing fee is calculated on the basis of rental value), two per cent of the amount awarded or determined by the Tribunal, agreed by the parties following a hearing or determined in...

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