The Magistrates’ Courts Fees (Amendment) Order 2008

• Citation: S.I. 2008/2855
• Sections: 9

Section 1 Citation and commencement

(1) This Order may be cited as the Magistrates’ Courts Fees (Amendment) Order 2008.

(2) Except as provided in paragraph (3), this Order shall come into force on 26th November 2008.

(3) Article 3 and article 6 shall come into force on 8th December 2008.

Section 2 Amendment of the Magistrates’ Courts Fees Order 2008

The Magistrates’ Courts Fees Order 2008 is amended as follows.

Section 3 Amendment of the Magistrates’ Courts Fees Order 2008

In fee 10.1—

(1) for the description, substitute “On an application for an order in form C1 or form C100 (free-standing application), form C79 (application related to enforcement of a contact order), form C2 (application in existing proceedings) or a request for permission to apply for an order in form C2 under the following provisions of the Children Act 1989—”;

(2) after paragraph (c), insert —

(3) after paragraph (o), insert —

Section 4 Amendment of the Magistrates’ Courts Fees Order 2008

Delete the notes to fee 10.2 only and the notes to fees 10.1 and 10.2, and insert —

Notes to fees 10.1 and 10.2

Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 which are listed in two or more different numbered fees, or require two or more different numbered forms, only one fee is payable, and if those fees are different, only the highest fee is payable.

Where an application is made or permission is sought under or relating to two or more provisions of the Children Act 1989 which are listed in the same numbered fee, the fee is payable only once.

Where the application is made or permission is sought in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee.

Notes to fee 10.2 only

Where a final order is made at a case management conference, £500 of the amount paid under fee 10.2(a) will be refunded.

Where the court lists more than one issues resolution hearing or pre-hearing review, the fee is payable only once.

Where proceedings are consolidated with other proceedings, any fee which falls to be paid after the date on which the proceedings are consolidated is payable only once.

Where a fee is paid under fee 10.2(b) or (c) in relation to a hearing that is cancelled, for example, because a final order is made at earlier hearing, the application is withdrawn, or the hearing is no longer needed, the fee will be refunded. A refund will not be given if the hearing is adjourned to a later date or to a date to be fixed.

Section 5 Amendment of the Magistrates’ Courts Fees Order 2008

(1) Delete the notes to fee 13.1, and

(2) after fee 13.2, insert —

Where an application requires the permission of the court, the relevant fee is payable when permission is sought but no further fee will be charged if permission is granted and the application is made.

Where an application is made or permission is sought under or relating to two or more provisions of the Adoption and Children Act 2002 only one fee is payable.

Where the same application is made or permission is sought in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable.

Section 6 Amendment of the Magistrates’ Courts Fees Order 2008

After fee 14, insert —

14A Proceedings under the Children and Adoption Act 2006

14A.1 On an application for a warning notice to be attached to a contact order.

Where an application is made or permission is sought under or relating to provisions of the Children Act 1989 and the Children and Adoption Act 2006 which are listed in two or more different numbered fees, only one fee is payable.

Where the same application is made or permission is sought in respect of two or more children, who are siblings or children of the family, at the same time, only one fee is payable in respect of each numbered fee.

Section 7 Amendment of the Magistrates’ Courts Fees Order 2008

For the description of fee 18.2, substitute “On a request to issue a hearing notice and copy or a summons and copy.”

Section 8 Amendment of the Magistrates’ Courts Fees Order 2008

In paragraph 1(1) of Schedule 2, in the definition of “party”, for “the party” substitute “the individual”.

Section 9 Amendment of the Magistrates’ Courts Fees Order 2008

In paragraph 2 of Schedule 2, after sub-paragraph 2(d), insert —

; and

(e) income-related employment and support allowance under the Welfare Reform Act 2007 .