The Court Fees (Miscellaneous Amendments) Order 2019

• Citation: S.I. 2019/1063
• Sections: 6

Section 1 Citation and commencement

This Order may be cited as the Court Fees (Miscellaneous Amendments) Order 2019 and comes into force on the twenty-first day after the day on which it is laid.

Section 2 Amendments to the Non-Contentious Probate Fees Order 2004

(1) The Non-Contentious Probate Fees Order 2004 is amended as follows.

(2) In the table in Schedule 1 (fees to be taken), for the entries in columns 1 and 2 from “8 Copy documents” to the end of the entry for 8(d), substitute—

Section 3 Amendments to the Court of Protection Fees Order 2007

(1) The table in Schedule 1 (fees to be taken) to the Court of Protection Fees Order 2007 is amended as follows.

(2) In the entry for application fee (article 4), for the amount in column 2 substitute “£365.00”.

(3) In the entry for appeal fee (article 5), for the amount in column 2 substitute “£230.00”.

(4) In the entry for hearing fees (article 6), for the amount in column 2 substitute “£485.00”.

Section 4 Amendments to the Civil Proceedings Fees Order 2008

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

(2) After article 3, insert—

(3A)

(1) In proceedings under the Guardianship (Missing Persons) Act 2017 —

(a) fee 2.4(a) (application on notice where no other fee is specified); and

(b) fee 2.5(a) (application by consent or without notice where no other fee is specified);

are not payable by the Public Guardian.

(2) For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.

(3) In the table in Schedule 1 (fees to be taken), for the entries in columns 1 and 2—

(a) from “6.1 On the filing of a request for detailed assessment” to the end of the entry for fee 6.1(b), substitute—

(b) from “10.4 On appointment of:” to the end of the entry for fee 10.5(b), including the text entry headed “Where fee 10.4 has been paid”, substitute—

Section 5 Amendments to the Family Proceedings Fees Order 2008

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

(2) After article 3A, insert—

(3B)

(1) In proceedings under the Guardianship (Missing Persons) Act 2017—

(a) fee 5.1 (application in existing proceedings without notice or by consent); and

(b) fee 5.3 (application in existing proceedings on notice);

are not payable by the Public Guardian.

(2) For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005.

Section 6 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 the entry for fee 1.1 (attendance of a justice of the peace away from court), for the amount in column 2 substitute “£25”.

(3) In the entry for fee 2.1 (application to state case to High Court), for the amount in column 2 substitute “£135”.

(4) In the entry for fee 2.3 (licensing appeal), for the amount in column 2 substitute “£60”.

(5) In the entry for fee 2.4 (appeal where no other fee specified), for the amount in column 2 substitute “£60”.

(6) In the entry for fee 3.3 (request for certified copy memorandum of conviction), for the amount in column 2 substitute “£20”.

(7) In the entry for fee 3.4 (request for certified copy where no other fee specified), for the amount in column 2 substitute “£20”.

(8) In the entry for fee 10.2 (application for warrant for commitment made in proceedings under the Child Support Act 1991 ), for the amount in column 2 substitute “£40”.