The Civil Proceedings Fees (Amendment) Order 2016

• Citation: S.I. 2016/1191
• Sections: 3

Section 1 Citation and commencement

This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2016 and comes into force on 6th March 2017.

Section 2 Amendments to the Civil Proceedings Fees Order 2008

(1) The Civil Proceedings Fees Order 2008 is amended as follows.

(2) In article 2, for “Supreme Court”, substitute “Senior Courts of England and Wales”.

(3) In the table in Schedule 1 (fees to be taken), for fee 2.1, for the entries in both columns, substitute—

Where an application for fee remission is refused in whole or in part, fee 2.1 (or the amount of the fee which remains unremitted) is payable either:

(a) within 7 days after the court giving notice of refusal of fee remission (or refusal in part); or

(b) at least 28 days prior to the trial date or the Monday of the first week of the notified trial period,

whichever is latest.

(4) In Schedule 2 (remissions and part remissions)—

(a) at the beginning of paragraph 15(4), insert “Subject to sub-paragraph (5),”; and

(b) after paragraph 15(4), insert—

(5) Where an application for remission of fee 2.1 is refused, or if part remission of that fee is granted, the amount of the fee which remains unremitted must be paid in accordance with the directions in column 1 of the table in Schedule 1 (fees to be taken), in respect of fee 2.1.

Section 3 Saving provision

(1) The amendments made by this Order have no effect in relation to a case in which the court gives notice of the trial date or the start of the trial period before 6th March 2017.

(2) For the purposes of this article—

(a) where notice of the trial date or the start of the trial period is in written form, the notice is given on the date that it is sent out from the court;

(b) subject to sub-paragraph (c), where oral notice is given, the notice is given on the date that the oral notice is communicated by the court; and

(c) where notice is both in written form and given orally, the notice is given on the date that the written notice is sent out from the court.