The Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016

• Citation: S.I. 2016/807
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Civil Proceedings, First-tier Tribunal, Upper Tribunal and Employment Tribunals Fees (Amendment) Order 2016 and comes into force on the next Monday after the day on which the Order is made.

Section 2 Amendments to the Magistrates’ Courts Fees Order 2008

(1) The table in Schedule 1 (fees to be taken) to the Magistrates’ Courts Fees Order 2008 is amended as follows.

(2) In column 2 (amount of fee), for the entry corresponding to fee 8.1 (commencing proceedings where no other fee is specified and where leave or permission is not required), for “£205” substitute “£226”.

(3) For the text entries in both columns, from “8.2 On commencing proceedings where leave or permission is required” to the end of the entry for fee 8.3, excluding the text entry headed “Note: Fee 8.3”, substitute—

Section 3 Amendments to the Civil Proceedings Fees Order 2008

(1) The table in Schedule 1 (fees to be taken) to the Civil Proceedings Fees Order 2008 is amended as follows.

(2) In column 2, for the entry corresponding to fee 1.5 (starting proceedings for any other remedy)—

(a) for “£480” (the amount of fee in the High Court) substitute “£528”, and

(b) for “£280” (the amount of fee in the County Court) substitute “£308”.

(3) In column 2, for the entry corresponding to fee 1.6 (filing of proceedings against a party or parties not named in the proceedings), for “£50” substitute “£55”.

(4) In column 2, for the entry corresponding to fee 1.8(a) (application for permission to issue proceedings), for “£50” substitute “£55”.

(5) In column 2, for the entry corresponding to fee 1.8(b) (application for an order under Part 3 of the Solicitors Act 1974 for the assessment of costs payable to a solicitor by a client or on starting costs-only proceedings), for “£50” substitute “£55”.

(6) For the text entries in both columns, from “1.9(a) For permission to apply for judicial review” to the end of the entry for fee 1.9(d), substitute—

1.9(c) if the proceedings have been started by an application for permission to apply for judicial review.

Where fee 1.9(b) has been paid and permission has been granted at a hearing, the amount payable under fee 1.9(c) is £385.

(7) For the text entries in both columns, from “5.1 “On the filing of a request for detailed assessment” to the end of the entry for fee 5.5, substitute—

(8) For the text entries in both columns, from “7.1 On sealing a writ of control/possession/delivery.” to the end of the entry for fee 7.5, substitute—

7.3(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution.

Fee 7.3(a) is payable in respect of each third party against whom the order is sought.

(9) For the text entries in both columns, from “8.1 On an application for or in relation to enforcement of a judgment” to the end of the entry for fee 8.7, substitute—

8.4(a) On an application for a third party debt order or the appointment of a receiver by way of equitable execution.

Fee 8.4(a) is payable in respect of each third party against whom the order is sought.

(10) For the text entries in both columns, from “8.9 On an application for the enforcement of an award for a sum of money” to the end of the entry for fee 8A.1, substitute—

(11) For the text entries in both columns, from “10.1 On filing any document under the Bills of Sale Act 1978” to the end of the entry for fee 10.3, substitute—

(12) In column 2, for the entry corresponding to fee 12.1 (affidavits), for “£11” substitute “£12”.

Section 4 Amendments to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011

(1) The table in Schedule 1 (fees to be taken) to the Upper Tribunal (Immigration and Asylum Chamber) (Judicial Review) (England and Wales) Fees Order 2011 is amended as follows.

(2) For the text entries in both columns, from “1.1 For permission to apply for judicial review.” to the end of the entry for fee 1.3, substitute—

Section 5 Amendments to the First-tier Tribunal (Property Chamber) Fees Order 2013

(1) The First-tier Tribunal (Property Chamber) Fees Order is amended as follows.

(2) In article 3 (definitions)—

(a) before the definition for “lead case”, insert—

“the 2013 Rules ” means the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013

(b) in the definition for “lead case”, for “the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013” substitute “the 2013 Rules”;

(c) after the definition for “lead case”, insert—

“leasehold case” has the meaning given in rule 1(3) of the 2013 Rules;

(d) after the definition for “related case”, insert—

“residential property case” has the meaning given in rule 1(3) of the 2013 Rules;

(3) In paragraph (3) of article 4 (fees payable), for “fees 1 to 5” substitute “fees 1.1 to 1.6”.

(4) In paragraph (4) of article 4 (fees payable)—

(a) for “fee 6”, substitute “fee 2”, and

(b) for “the Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013”, substitute “the 2013 Rules”.

(5) In article 5 (fees: transferred proceedings), for “fee 4 or 5” substitute “a fee payable under Schedule 1 to this Order”.

(6) In paragraph (1) of article 8 (fees: apportionment of liability for fees in cases involving more than one applicant), for “fee 4, 5 or 6” substitute “Schedule 1 to this Order”.

(7) For Schedule 1 (fees to be taken), substitute the Schedule set out in the Schedule to this Order.

Section 6 Amendments to the Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013

(1) The Employment Tribunals and the Employment Appeal Tribunal Fees Order 2013 is amended as follows.

(2) In Table 1 (abbreviations used in Table 2 in this Schedule) of Schedule 2 (Employment Tribunals – issue and hearing fee) after the entry for Pensions Schemes Act 1993 insert—

(3) In Table 2 (type A claims) of Schedule 2 after row 62 insert—