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Statutory Instruments

1992 No. 2762 (L.22)

COUNTY COURTS

FEES

The County Court Fees (Amendment) Order 1992

Made

3rd November 1992

Laid before Parliament

9th November 1992

Coming into force

As to all articles except article 4

30th November 1992

Article 4

1st April 1993

The Lord Chancellor, in exercise of the powers conferred on him by section 128 of the County Courts Act 1984(1) and sections 414 and 415 of the Insolvency Act 1986(2), with the concurrence and sanction of the Treasury, hereby makes the following Order-

1.-(1) This Order may be cited as the County Court Fees (Amendment) Order 1992 and shall come into force on 30th November 1992, except for article 4 which shall come into force on 1st April 1993.

(2) The County Courts Fees Order 1982(3) shall be amended in accordance with the following provisions of this Order and in those provisions a fee or column referred to by number means the fee or column so numbered in Schedule 1 to the said Order of 1982.

2. For columns 1 and 2 in Fee 1(i) there shall be substituted the following-

Column 1	Column 2
(No. and description of fee)	(Amount of fee)
(i) On entering a plaint for the recovery of a sum of money or the delivery of goods
Where the sum claimed or the value of the goods-
does not exceed £500	10p for every £1 or part thereof claimed Minimum fee £10
exceeds £500 but does not exceed £1000	£60
exceeds £1000 but does not exceed £5000	£65
exceeds £5000	£70

3. In Fee 4(v)-

(a)for the words in column 1 "an order charging the land or securities of a judgment debtor" there shall be substituted the words "a charging order nisi";

(b)for "£12" in column 2 there shall be substituted "£20".

4. Fee 4A shall stand as Fee 4A(i) and, after it, there shall be inserted the following-

Column 1	Column 2	Column 3
(No. and description of fee)	(Amount of fee)	(Method of charging fee)
(ii) On a request for an order to recover an increased penalty charge provided for in a parking charge certificate issued under paragraph 6 of Schedule 6 to the Road Traffic Act 1991(4) or on a request for an order to recover amounts payable by a person other than a London authority under an adjudication of a parking adjudicator pursuant to section 73 of the said Act of 1991;	£5	4A.(ii) The fee is payable on a request for an order, but no further fee is payable on a request to issue a warrant of execution.
on a request to issue a warrant of execution to enforce such an order.

5. In Fee 7-

(a)for the words in column 1 "request to cancel the registration of a judgment which has been satisfied", there shall be substituted the words "request for the issue of a certificate of satisfaction";

(b)for "£1" in column 2 there shall be substituted "£3",

(c)for the words in column 3 there shall be substituted the following-

"This fee is payable where a certificate of satisfaction is issued on the making of a note of the satisfaction of the judgment in the Register or on the cancellation of the entry of the judgment in the Register where the judgment is satisfied in full within one month of the date of its entry.".

6. In column 2-

(a)in Fee 1(ii) for "£30", there shall be substituted "£40";

(b)in Fee 2 for "£5", there shall be substituted "£10";

(c)in Fee 4(i), for "£5" and "£38", there shall be substituted "£10" and "£50" respectively;

(d)in Fee 4(ii) for "£12", there shall be substituted "£20";

(e)in Fee 4(iii) for "£12", there shall be substituted "£20";

(f)in Fee 4(iv) for "£25", there shall be substituted "£50";

(g)in Fee 4(v) for "£12", there shall be substituted "£20";

(h)in Fee 4(vi) for "£12" there shall be substituted "£20";

(i)in Fee 4(viii) for "£5" and "£40", there shall be substituted "£10" and "£70" respectively;

(j)in Fee 9(i)(a) for "£15", there shall be substituted "£20";

(k)in Fee 9(i)(b) for "£45", there shall be substituted "£50";

(l)in Fee 9(ii) for "£40", there shall be substituted "£50";

(m)in Fee 9(iii)(a) for "£10", there shall be substituted "£15";

(n)in Fee 9(iii)(b) for "£15", there shall be substituted "£20";

(o)in Fee 9(iv) for "£15", there shall be substituted "£20".

Mackay of Clashfern, C.

Dated 2nd November 1992

Gregory Knight

Irvine Patnick

Two of the Lords Commissioners of Her Majesty's Treasury

Dated 3rd November 1992

Explanatory Note

(This note is not part of the Order)

This Order amends the County Court Fees Order 1982 so as to-

(a)increase the fees on commencement of proceedings to recover money or goods and to reflect the increase in county court jurisdiction by providing new bands of fees for higher value cases ( article 2 );

(b)extend the charging order fee to cases where a charging order is sought in respect of shares etc. and not just land or securities and to increase the fee payable ( article 3 );

(c)provide a fee for requests for orders to enforce certain parking charges (article 4) ;

(d)extend the fee payable on a request to cancel the registration of a judgment to requests for certificates of satisfaction and to increase the fee (article 5) ; and

(e)increase the fees payable in respect of commencement, service, enforcement proceedings and companies matters (article 6) .

Before the making of this Order, the fees of commencement of proceedings to recover money or goods were as follows-

Where the sum claimed or the value of the goods-

(a)did not exceed £300, 10p for every £1 (or part thereof) claimed with a minimum fee of £7;

(b)exceeded £300 but did not exceed £500, £37;

(c)exceeded £500 or was not limited to any particular amount, £43.

(1)

1984 c. 28.

(2)

1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.

(3)

S.I. 1982/1706; the relevant amending instruments are S.I. 1983/1681, 1985/574, 1834, 1986/633, 2143 and 1988/509.

(4)

1991 c. 40.