The Family Proceedings Fees Order 1999

• Citation: S.I. 1999/690
• Sections: 68

Section 1 Citation and commencement

This Order may be cited as the Family Proceedings Fees Order 1999 and shall come into force on 26th April 1999.

Section 2 Interpretation

In this Order, unless the context otherwise requires–

(a) a fee referred to by number means the fee so numbered in Schedule 1 to this Order;

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

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

Section 3 Fees to be taken

The fees set out in column 2 of Schedule 1 to this Order shall be taken in family proceedings in the High Court or in a county court in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.

Section 4 Exemptions, reductions and remissions

(1) No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable–

(a) is in receipt of legal advice and assistance under Part III of the Legal Aid Act 1988 in connection with the matter to which the proceedings relate, or

(b) is in receipt of any qualifying benefit and is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings, or

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

(2) The following are qualifying benefits for the purposes of paragraph (1)(b) above–

(a) income support;

(b) family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992 ; and

(c) income-based jobseeker’s allowance under the Jobseekers Act 1995 .

Section 5 Exemptions, reductions and remissions

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 6 Exemptions, reductions and remissions

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

Section 7 Revocations

The Orders specified in Schedule 2 shall be revoked, except as to any fee or other sum due or payable under those Orders before the commencement of this Order.

Section 1.1 Commencement of proceedings

On filing originating proceedings where no other fee is specified

Section 1.2

On presenting any petition, other than a second petition with leave granted under rule 2.6(4)

Section 1.3

On applying for either a non-molestation order or an occupation order under Part IV of the Family Law Act 1996 , or on applying simultaneously for both a non-molestation order and an occupation order

Section 1.4

On amending a petition or presenting a second or subsequent petition with leave granted under rule 2.6(4)

Section 1.5

On filing an answer to a petition or a cross-petition

Section 1.6

On an application for an order under Part III of the Solicitors Act 1974 for the assessment of costs payable to a solicitor by his client

Section 2 Proceedings under the Children Act 1989

On filing an application or requesting leave under the following provisions of the Children Act 1989–

Section 2.1 Parental responsibility, guardians, section 8 orders etc.

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

Section 2.2 Financial provision for children

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

Section 2.3 Secure accommodation

(a) Section 25

Section 2.4 Care, supervision, etc.

(a) section 31

Section 2.5 Contact with child in care

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

Section 2.6 Placement abroad

(a) paragraph 19(1) of Schedule 2

Section 2.7 Education supervision

(a) section 36(1)

Section 2.8 Child assessment order

(a) section 43(1)

Section 2.9 Emergency protection

(a) section 43(12)

Section 2.10 Recovery of children

(a) section 50

Section 2.11 Miscellaneous

(a) section 102

Section 2.12 Appeals

(a) On commencing an appeal under section 94 of, or paragraph 23(11) of Schedule 2 to, the Children Act 1989

Section 3.1 Adoption and wardship applications

On commencing proceedings under the Adoption Act 1976 other than under section 21 of that Act

Section 3.2

On commencing proceedings under section 21 of the Adoption Act 1976

Section 3.3

On applying for the exercise by the High Court of its inherent jurisdiction with respect to children

Section 4.1 Applications in proceedings

On an application for an order without notice or by consent (including an application to make a decree nisi absolute) except where separately listed in this schedule

Section 4.2

On a request for directions for trial (other than in uncontested divorce proceedings, in which no fee is chargeable) except where separately listed in this schedule

Section 4.3

On an application on notice except where separately listed in this schedule

Section 5.1 Appeal from a district judge

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

Section 6.1 Searches

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 6.2

On making a search in the central index of parental responsibility agreements kept at the Principal Registry of the Family Division in accordance with regulations made under section 4(2) of the Children Act 1989 and, if appropriate, providing a copy of an agreement

Section 6.3

On making a search in the index of decrees absolute kept at any divorce county court or district registry for any specified period of ten calendar years or, if no period is specified, for the ten most recent years, and if appropriate, providing a certificate of decree absolute

Section 7.1 Copy documents

On a request for a copy of any document (including a faxed copy where requested) or for examining a plain copy and marking it as an office copy:

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

Section 7.2

Where copies of any document are made available on a computer disk or in other electronic form, for each such copy

Section 8 Determination of costs

Transitional Provision

Where a bill of costs (or a request for detailed assessment or a request for a detailed assessment hearing as the case may be) is filed pursuant to an order made by the court before the coming into operation of this Order the fees payable shall be those which applied immediately before the coming into force of this Order.

Section 8.1

On the filing of a bill of costs for taxation (or a request for detailed assessment or a request for a detailed assessment hearing as the case may be); or on the filing of a request for a hearing date for the assessment of costs payable to a solicitor by his client pursuant to an order under Part III of the Solicitors Act 1974

Section 8.2

On a request for a review of taxation or an appeal against taxation (or an appeal against a decision made in detailed assessment proceedings as the case may be)

Section 8.3

On applying for the court’s approval of a Legal Aid Taxation Certificate or (as the case may be) of a Legal Aid Assessment Certificate

Section 9 Registration of maintenance orders

On an application for a maintenance order to be–

Section 9.1

registered under the Maintenance Orders Act 1950 or the Maintenance Orders Act 1958

Section 9.2

sent abroad for enforcement under the Maintenance Orders (Reciprocal Enforcement) Act 1972

Section 10 Insolvency Act 1986

On entering a bankruptcy petition:

(a) if presented by a debtor or the personal representative of a deceased debtor

Section 10.2

On entering any other petition

Section 10.3

(a) On a request for a certificate for discharge from bankruptcy

Section 11.1 Service

On a request for service by bailiff, of any document except:

(a) an order for a debtor to attend the 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 (enforcement provisions); or

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

Section 12.1 Enforcement in the county courts

On an application for or in relation to enforcement of a judgment or order of a county court or through a county court, by the issue of a warrant of execution against goods except a warrant to enforce payment of a fine

(a) Where the amount for which the warrant issues does not exceed £125 £25

(b) Where the amount for which the warrant issues exceeds £125 £45