The Family Proceedings Fees Order 1991

• Citation: S.I. 1991/2114
• Sections: 33

Section 1

(1) This Order may be cited as the Family Proceedings Fees Order 1991 and shall come into force on 14th October 1991.

(2) In this Order, unless a contrary intention appears—

a rule or form referred to by number alone means the rule or form so numbered in the Family Proceedings Rules 1991 ;

expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules.

Section 2

Subject to articles 3 and 4, the fees specified in the Schedule to this Order shall be taken in family proceedings in the High Court or in a county court.

Section 3

No fee shall be payable under this Order where the person who would otherwise be liable to pay—

(a) is a legally assisted person within the meaning of section 2(11) of the Legal Aid Act 1988 ;

(b) is in receipt of income support or family credit under Part II of the Social Security Act 1986 ;

(c) is a person who is not a beneficiary of a trust fund in court of a value of more than £50,000 and who is—

(i) under the age of eighteen, or

(ii) a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or is being applied for.

Section 4

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 particular case, involve undue hardship, he may reduce or remit the fee in that case.

Section 1

Commencement of proceedings

(a) On filing an application or originating application, or on sealing an originating summons or a summons, to commence family proceedings, other than proceedings mentioned elsewhere in this Schedule;

Section 2

Proceedings under the Children Act 1989 (c. 41)

(1) On filing an application or requesting leave under the following provisions of the Children Act 1989—

Section 3

Adoption and wardship applications

(a) On commencing proceedings under the Adoption Act 1976 (c. 36) other than under section 21 thereof;

Section 4

Applications for ancillary relief

On filing a notice in Form M11 or M13 except where the terms of any agreement as to the order which the court is to be asked to make are set out in the notice or the notice is filed for dismissal purposes only.

Section 5

Applications in proceedings

On any application in family proceedings (including an application to a county court to transfer to it family proceedings in a magistrates' court), except where separately listed in this Schedule or where it is for an order by consent.

Section 6

Appeal from a district judge

On filing a notice of appeal from a district judge to a judge.

Section 7

Parental responsibility, guardians, section 8 orders etc.

(a) section 4(1)(a), or (3), 5(1), 10(1) or (2);

Section 7

Searches

(a) On making a search in the central index of decrees absolute kept at the Principal Registry of the Family Division for any specified period of ten calendar years or, if no such period is specified, for the ten most recent years, and, if appropriate, providing a certificate of decree absolute.

Section 8

Financial provision for children

(c) paragraph 1(1), 2(1), 6(5) or 14(1) of Schedule 1;

Section 8

Copies of documents

(a) On making a personal application for a copy of any document (other than a welfare officer’s report), whether or not issued as an office copy, per page—

(i) typewritten;

Section 9

Secure accommodation

(e) Section 25;

Section 9

Taxation

Section 10

Care, supervision, etc.

(f) section 31;

Section 10

Registration of maintenance orders

On an application for a maintenance order to be—

(a) registered under the Maintenance Orders Act 1950 (14 Geo. 6 c.37) or the Maintenance Orders Act 1958 (6 & 7 Eliz 2 c.39);

Section 11

Contact with child in care

(h) section 34(2), (3), (4) or (9);

Section 11

Service

On a request for service by a bailiff, where service by post will not be used, of any document except—

(a) an order for a debtor to attend an adjourned hearing of a judgment summons;

(b) an interpleader summons under an execution;

(c) an order made under section 23 of the Attachment of Earnings Act 1971 (c. 32) (Enforcement provisions); or

(d) an order for a debtor to attend an adjourned oral examination as to his means,

per person to be served or, where personal service is not required, per address to be served.

Section 12

Placement abroad

(i) paragraph 19(1) of Schedule 2;

Section 12

Enforcement

On an application for the enforcement of a judgment or order—

(a) by the issue of a warrant of execution against goods other than a warrant to enforce payment of a court fee or to enforce an order for the payment of a fine, for every £1, and any balance of less than £1, for which the warrant issues;

Section 13

Education supervision

(j) section 36(1);

Section 13

Sale

(a) For removing or taking steps to remove goods to a place of deposit and keeping them there (including feeding and caring for any animals);

Section 14

Child assessment order

(l) section 43(1);

Section 14

Examination

On the examination of a witness before trial.

Section 15

Emergency protection

(m) section 43(12);

Section 15

Directions for trial

On an application for directions for trial in a defended cause.

Section 16

Recovery of Children

(o) section 50;

Section 16

Enforcement

(a) On sealing a writ of execution;

Section 17

Miscellaneous

(p) section 102.

Section 17

Registration of maintenance orders

On an application to transmit a maintenance order abroad under the Maintenance Orders (Facilities for Enforcement) Act 1920 (10 & 11 Geo. 5 c.33).

Section 18

Financial relief after overseas divorce etc.

On sealing an originating summons in proceedings under Part III of the Matrimonial and Family Proceedings Act 1984 (c. 42) —

(a) under section 24;