The Civil and Family Proceedings Fees (Amendment) Order 2024

• Citation: S.I. 2024/538
• Sections: 3

Section 1 Citation and commencement

(1) This Order may be cited as the Civil and Family Proceedings Fees (Amendment) Order 2024.

(2) This Order comes into force on 13th May 2024 or immediately after the coming into force of section 44 of the Illegal Migration Act 2023 , whichever is the later.

Section 2 Amendments to the Civil Proceedings Fees Order 2008

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

(2) After article 3C insert—

(3D) Fee 1.5 (starting proceedings for any remedy other than recovery of money or land) is not payable where the application is for habeas corpus in respect of a decision mentioned in paragraph 3A(1) of Schedule 10 to the Immigration Act 2016 .

(3E) Fees 13.1(a) (application to the Court of Appeal for permission to appeal or for extension of time for appealing or both), 13.1(b) (filing an appellant’s or respondent’s notice where permission to appeal is not required or has been granted), 13.1(c) (filing an appeal questionnaire), 13.2 (filing a respondent’s notice where the respondent wishes to ask the appeal court to uphold the order of the lower court for different or additional reasons) and 13.3 (filing an application notice) are not payable in proceedings where the decision being appealed is a decision of the Upper Tribunal under section 44(6) of the Illegal Migration Act 2023.

Section 3 Amendments to the Family Proceedings Fees Order 2008

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

(1) After article 3C insert—

(3D) Fee 1.1 (application to start proceedings where no other fee is specified) is not payable where the application is for habeas corpus in respect of a decision mentioned in paragraph 3A(1) of Schedule 10 to the Immigration Act 2016.