The Lands Tribunal (Fees) (Amendment) Rules 2002

• Citation: S.I. 2002/770
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) These Rules may be cited as the Lands Tribunal (Fees) (Amendment) Rules 2002 and shall come into force on 1st May 2002.

(2) In these Rules, “the 1996 Fees Rules ” mean the Lands Tribunal (Fees) Rules 1996 .

Section 2 Amendment to the 1996 Fees Rules

After rule 5 of the 1996 Fees Rules there shall be inserted the following rules—

(6) Where it appears to the Lord Chancellor that the payment of any fee prescribed by these Rules would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.

(7)

(1) Subject to paragraph (2), where a fee has been paid on or after 1st May 2002 at a time—

(a) where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under rule 6, the amount by which the fee would have been reduced shall be refunded; or

(b) where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under rule 6, the fee shall be refunded.

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

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

Section 3 Transitional provision

(1) In this rule “applicable fee” means a fee paid under the 1996 Fees Rules on or after 1st November 2001 but before 1st May 2002 and “rule 6” means rule 6 of the 1996 Fees Rules.

(2) Subject to paragraph (3)—

(a) an applicable fee shall be refunded where, if rule 6 had been in force when the fee was paid, the Lord Chancellor would have remitted the fee; and

(b) where the Lord Chancellor would have reduced the applicable fee if rule 6 had been in force when the fee was paid, the amount by which the applicable fee would have been reduced shall be refunded.

(3) No refund shall be made under paragraph (2) unless the party who paid the fee applies for it before 1st November 2002.