The Family Proceedings Fees (Amendment) Order 1996

• Citation: S.I. 1996/3190
• Sections: 13

Section 1 Citation, commencement and interpretation

This Order may be cited as the Family Proceedings Fees (Amendment) Order 1996 and shall come into force on 15th January 1997.

Section 2 Citation, commencement and interpretation

In this Order—

(a) an article referred to by number means the article so numbered in the Family Proceedings Fees Order 1991 , and

(b) a fee referred to by number means the fee so numbered in the Schedule to that Order.

Section 3 Amendments to the Family Proceedings Fees Order 1991

In article 1(2), the following shall be inserted after the definition beginning “a rule or form”:—

a fee referred to by number means the fee so numbered in the Schedule to this Order;

Section 4 Amendments to the Family Proceedings Fees Order 1991

For article 3 there shall be substituted the following:—

(3)

(1) In excepted matrimonial proceedings, any fee payable under this Order by a petitioner who, at the time when the fee becomes payable, is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992 shall be limited to £20.

(2) In this article and in article 4, “excepted matrimonial proceedings” means any proceedings excepted from the scope of representation under Part IV of the Legal Aid Act 1988 by paragraph 5A of Part II of Schedule 2 to that Act.

Section 5 Amendments to the Family Proceedings Fees Order 1991

In article 4:—

(a) after “payment” there shall be inserted “in full”;

(b) after “this Order” there shall be inserted “in respect of excepted matrimonial proceedings”;

(c) for the words from “reduce” to the end there shall be substituted “remit so much of the fee as exceeds £20”.

Section 6 Amendments to the Family Proceedings Fees Order 1991

The following shall be inserted after article 4:—

(5) Where a bill for taxation is lodged by a party to proceedings who, if the bill is allowed at the full amount thereof, will be required to pay it, Fee No. 9(a) shall be limited to £50, unless the district judge orders that the full amount of the fee shall be payable.

Section 7 Amendments to the Family Proceedings Fees Order 1991

The amounts of the fees listed in the Table below shall be varied as shown in that Table.

TABLE

Section 8 Amendments to the Family Proceedings Fees Order 1991

After Fee No. 1(c) there shall be inserted the following:—

(d) on amending a petition, or presenting a second or subsequent petition with leave granted under rule 2.6(4);

(e) on filing an answer to a petition, or a cross petition.

Section 9 Amendments to the Family Proceedings Fees Order 1991

For Fees No. 4 and 5 there shall be substituted the following:—

(4) Applications for ancillary relief

(a) On filing a notice of application for ancillary relief (or a notice of intention to proceed with such an application) 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

(b) On filing a notice of application for ancillary relief (or a notice of intention to proceed with such an application), in any other circumstances

(5) Applications in proceedings

(a) On an application to make a decree nisi absolute

(b) On a request for directions for trial (other than in uncontested divorce proceedings, in which no fee is chargeable)

(c) On an application for an order by consent, except where separately listed in this Schedule

(d) 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

Section 10 Amendments to the Family Proceedings Fees Order 1991

After Fee No. 7(b) there shall be inserted the following:—

(c) On making a search in an index of decrees absolute kept at any divorce county court or district registry 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 11 Amendments to the Family Proceedings Fees Order 1991

For Fee No. 8 there shall be substituted the following:—

Copies of documents

(8) For a copy of any document, or examining a plain copy and marking it as an office copy:

(a) per page for the first five pages of each document;

(b) per page for subsequent pages.

Section 12 Amendments to the Family Proceedings Fees Order 1991

For Fee No. 9 there shall be substituted the following:—

Taxation

(9)

(a) On the lodging of a bill of costs for taxation, subject to the provisions of article 5, for every £100 or part of £100 of the full amount of the bill

(b) On the taxation of a bill of costs, for every £100 or part of £100 of the amount allowed

less any amount paid under Fee No. 9(a) in respect of the lodging of that bill.

Section 13 Amendments to the Family Proceedings Fees Order 1991

After Fee No. 18 there shall be inserted the following:—

(19) Affidavits

(a) On the taking of an affidavit or an affirmation or attestation upon honour in lieu of an affidavit or a declaration,

(b) for each exhibit therein referred to and required to be marked.