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2004 No. 340

FAMILY PROCEEDINGS

SUPREME COURT

COUNTY COURT

The Family Proceedings Fees (Amendment) Order (Northern Ireland) 2004

  Made 4th August 2004 
  Coming into operation 1st September 2004 

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) of the Judicature (Northern Ireland) Act 1978[1], after consultation with the Lord Chief Justice and with the concurrence of the Treasury, hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the Family Proceedings Fees (Amendment) Order (Northern Ireland) 2004 and shall come into operation on 1st September 2004.

Fees to be taken in family proceedings
    
2. For the Schedule to the Family Proceedings Fees Order (Northern Ireland) 1996[2] there shall be substituted the new Schedule set out in the Schedule to this Order.



Signed by the authority of the Lord Chancellor



I concur


Christopher Leslie
Parliamentary Under-Secretary of State, Department for Constitutional Affairs

Dated 1st August 2004



We concur,


John Heppell

Joan Ryan
Two of the Lords Commissioners of Her Majesty's Treasury

Dated 4th August 2004



SCHEDULE
Article 2

    



    " SCHEDULE
    Article 4


    FEES TO BE TAKEN IN FAMILY PROCEEDINGS


    Column 1 Column 2 Column 3
    Item Fee £ Document to be endorsed
         1. Commencement of Proceedings

             
    (a) On sealing an originating summons

    175·00 The filed copy
    (b) On sealing any petition other than a second petition presented with leave granted under rule 2.6(3) -

             
    (i) When the petition is presented to the High Court

    170·00 The filed copy
    (ii) When the petition is presented to a divorce county court

    155·00 The filed copy
    NOTE: Fees to include provision for the number of initial copies required for service
         2. Entering and Setting Down for trial in court

             
    On entering or setting down any cause or matter for trial, hearing or further consideration in court, except where it is otherwise provided for in this Schedule          
    (a) High Court petition

    98·00 The setting down docket
    (b) County Court petition

    82·00 The setting down docket
         3. Certificate of Decree Absolute

             
    On filing an application for a certificate of Decree Absolute 23·00 The filed copy
         4. Proceedings under the Children (Northern Ireland) Order 1995

             
    On filing an application or requesting leave under the following provisions of the Children (Northern Ireland) Order 1995 -          
    Parental Responsibility, Guardians, Article 8 orders          
    (a) Article 7(1)(a) or (4), 10(1) or (2), 159(1);

    34·00 The filed copy
    (b) Article 13(1) or 163(1)

    23·00 The filed copy
    Financial Provision for Children          
    (c) paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1

    34·00 The filed copy
    (d) paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1

    23·00     
    Secure Accommodation          
    (e) Article 44

    No fee     
    Care, Supervision etc          
    (f) Article 50

    62·00 The filed copy
    (g) Article 52(7), 57(8)(b), 58(1), (2), (3) or (4), paragraph 6(3) of Schedule 3 or paragraph 10(3) of Schedule 8

    23·00 The filed copy
    Contact with child in care          
    (h) Article 53(2), (3), (4) or (9)

    23·00 The filed copy
    Placement Abroad          
    (i) Article 33(1)

    23·00 The filed copy
    Education supervision          
    (j) Article 55(1)

    62·00 The filed copy
    (k) paragraph 5(2) or 7(1) of Schedule 4

    23·00 The filed copy
    Child Assessment          
    (l) Article 62(1)

    62·00 The filed copy
    (m) Article 62(12)

    23·00 The filed copy
    Emergency Protection          
    (n) Article 63, 64 and 67

    No fee     
    Recovery of children          
    (o) Article 69

    No fee     
    Miscellaneous          
    (p) Article 178

    23·00 The filed copy
    (q) On commencing an appeal under Article 166 or Article 41(11)

             
    (i) to the county court

    41·00     
    (ii) to the High Court

    52·00     
    NOTE: Where an application requires leave of the court the relevant fee applies where leave is sought but no further fee may be charged if leave is granted and the application is made.
         5. Application for Ancillary Relief

             
    On filing a notice of application for ancillary relief 52·00 The filed copy
         6. Other Application in Proceedings

             
    On any application in matrimonial proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made          
    (i) to a master

    52·00 The filed copy
    (ii) to a judge

    57·00 The filed copy
         7. Writ of Subpoena & Witness Summonses

             
    On sealing a writ of subpoena or issuing a witness summons per person 7·00 The filed copy
         8. Copies of Documents

             
    (a) Personal Applications

             
    (i) for a copy of all or part of any document, issued as an office copy for each page

    1·50 The requisition
    (ii) for a certified copy of any document per page

    3·50 The requisition
    (iii) for a sealed and certified copy of any document per page

    4·00 The requisition
    (b) Postal Applications in addition to the fees at 8(a) above for a copy of any of the documents referred to

    6·00 The requisition
         9. Searches and Inspections

             
    (a) On making a search in the index of Parental Responsibility Agreements kept in the Office of Care and Protection in accordance with regulations made under Article 7 of the Children (Northern Ireland) Order 1995 and, if appropriate providing a copy of an agreement

    23·00 The requisition
    (b) On a search (including inspection) other than one for which a fee is prescribed under 9(a) above

    6·00 The requisition
    (c) For an official certificate of the result of a search in any index

    6·00 The requisition
    (d) Postal applications, in addition to the fee at 9(c) above

    6·00 The requisition
         10. Miscellaneous

             
    For signing, settling or approving an advertisement 6·00 The requisition
         11. Appeals

             
    (a) On filing a notice of appeal from a master to a judge in chambers

    57·00 The filed copy
    (b) On entering any appeal (including an interlocutory appeal) to the Court of Appeal

    175·00 The notice of appeal or requisition
         12. Taxation

             
    (a) On the taxation of a bill of costs:

         The bill
    Where the amount allowed does not exceed £5

    1·00 The bill
    Where the amount allowed exceeds £5 but does not exceed £100, for every £1 or fraction thereof -

    0·15     
    Where the amount allowed exceeds £100 -

             
    (i) for the first £100

    24·00 The bill
    (ii) for every £1 or fraction thereof over £100

    0·15     
    (b) On withdrawal of a bill of costs which has been lodged for taxation

    Such fee (not exceeding the amount which would have been payable under Fee No.12(a) if the bill had been allowed in full) as shall appear to the taxing master to be fair and reasonable     
    NOTE: The taxing master may in any case require the bill of costs to be stamped before taxation with the whole or part of the amount of fees which would be payable if the bill were allowed by him at the full amount thereof.
         13. Enforcement

             
    On any application for enforcement of a matrimonial order 41·00 The filed copy"




EXPLANATORY NOTE

(This note is not part of the Order.)


This Order amends the Family Proceedings Fees Order (Northern Ireland) 1996 so as to increase a number of the fees to be taken in family proceedings, in the High Court and county courts.


Notes:

[1] 1978 c. 23back

[2] S.R. 1996 No. 495 as amended by S.R. 1997 No. 177, S.R. 1998 No. 408 and S.R. 2002 No. 344back



ISBN 0 337 95637 5


  © Crown copyright 2004

Prepared 27 August 2004
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