Made | 6th May 2004 | ||
Laid before Parliament | 11th May 2004 | ||
Coming into force | 1st June 2004 |
3.
In rule 65 -
4.
In rule 66, for "63", substitute "61".
5.
In rule 76(3), for "rules 77A, 78, 79 and 82", substitute "rules 77A, 78 and 78A".
6.
In rule 78 -
where the period for which the administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year."; and
7.
After rule 78, insert -
8.
After rule 80, insert -
where the period for which the receivership administration fee is payable is for less than one year, the fee payable shall be the proportion of the full fee as such period bears to one year; and
(c) the court shall annually, or at such other intervals as it may direct, issue a certificate in respect of each patient stating -
(4) Upon the issue of a certificate under paragraph (3)(c) the amount of the fee shall be charged upon the patient's estate, and the payment shall be made within such time (not exceeding one month from the date of the certificate) as the court may allow.
(5) In any case in which it appears to the court that the amount of the fee certified under paragraph (3)(c) has been wrongly assessed, the court may direct that the fee is to be adjusted as it appears to it to be convenient."
9.
In rule 84(1), after "paid out of his estate", insert "or paid".
10.
- (1) The Appendix shall be amended in accordance with the following paragraphs of this rule.
(2) In column 2 of paragraph 1 for "£70.00", substitute "£230.00".
(3) In column 2 of paragraph 1A for "£515.00", substitute "£300.00".
(4) In column 2 of paragraph 2 for "£220.00", substitute "£230.00".
(5) After paragraph 2 insert -
"
Account fee (rule 78A) | |
2A.
On the twenty-eighth day after the last day of the period in respect of which an account is to be delivered under rule 61(1) or 65(2). |
£95.00 |
(7) In column 2 of paragraph 3(1)(i) and (ii) for "£50.00", wherever it occurs, substitute "£100.00".
(8) In column 2 of paragraph 3(1) (iii) for "£50.00", substitute "£60.00".
(9) In column 2 of paragraphs 3(1)(iv), (v) and (vi) and 3(2), for "£120.00", wherever it occurs, substitute "£125.00".
(10) In column 2 of paragraph 3(3), for "£505.00", substitute "£520.00".
(11) In column 2 of paragraph 3(4), for "£185.00", substitute "£190.00".
(12) In column 2 of paragraph 3(5), for "£155.00", substitute "£160.00".
(13) For paragraph 4, substitute -
"
Detailed assessment of costs (rule 80) | |
4.
- (1) On the filing of a request for a detailed assessment of costs - |
|
(i) where the bill of costs does not exceed £3,000 excluding VAT and disbursements |
£100.00 |
(ii) in all other cases |
£200.00 |
(2) On an appeal against a decision made in a detailed assessment of costs or on an application to set aside a default costs certificate |
£60.00 |
Fees where officer of the court appointed receiver (rule 80A) | |
4A.
On the appointment of an officer of the court as receiver |
£1,000.00 |
4B.
On the completion of an Inland Revenue tax return on behalf of the patient, where an officer of the court has been appointed receiver |
£500.00 |
4C.
Receivership administration fee, where an officer of the court has been appointed receiver |
£3,500.00 |
Winding up fee (rule 82) | |
7.
On the death of a patient: |
|
(i) where an officer of the court has been appointed receiver |
£850.00 |
(ii) otherwise |
£275.00 |
(2) Where -
the 2001 Rules shall have effect as if rules 10(6) and 10(7) of these Rules had not been made.
(3) No transaction fee under rule 79(1) shall be payable where -
(4) No appointment fee under rule 80A(1) shall be payable where the application for the appointment of a receiver was received by the court before 1st June 2004.
(5) Where a receivership administration fee is payable under rule 80A(3)(b) on an anniversary date falling before 31st May 2005, the fee payable shall be the proportion of the full fee as the period between 1st June 2004 and the anniversary bears to one year.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State, Department for Constitutional Affairs
Date 5th May 2004
We consent
Joan Ryan,
John Heppell
Two of the Lord's Commissioners of Her Majesty's Treasury
Dated 6th May 2004
Fees | Old Fee | New Fee |
Commencement fee (rule 77) | £70 | £230 |
Receivership appointment fee (rule 77A) | £515 | £300 |
Administration fee (rule 78) | £220 | £230 |
Transaction fees (rule 79): | ||
Applications for orders etc under - | ||
- Mental Health Act 1983, s 100 (vesting of stock in a curator) | £50.00 | £60.00 |
- Mental Health Act 1983, s 96(1)(k) (exercise of powers) | £120 | £125 |
- Trustee Act 1925, s 54 (trusts) | £120 | £125 |
- Trusts of Land and Appointment of Trustees Act 1996, s 20 (authorisation of person to act as trustee) | £120 | £125 |
- Mental Health Act 1983 s 96 (1) (settlement or gift of property, carrying out of contract) and Variation of Trusts Act 1958 s 1(3) (variation of trust for benefit of patient). | £50 or, in a "special case" 1/4% of the pecuniary consideration as referred to in rule 79 up to a maximum of £500 | £100 or, in a "special case" 1/4% of the pecuniary consideration as referred to in rule 79 up to a maximum of £1000 |
- Trustee Act 1925, s 36(9) (appointment of trustees) | £120 | £125 |
- Mental Health Act 1983, s 96(1)(e) (execution of will) | £505 | £520 |
Application for the appointment of a new receiver | £185 | £190 |
Application for an order or direction under s 96(1)(b) or (c) of the Mental Health Act 1983 ordering or authorising the sale or purchase of any land | £155 | £160 |
Winding-up fee (rule 82) - Death of a patient | £360 | £275 |
(7) Rule 11 provides various transitional provisions. Rule 11(1) provides that where an application for the appointment of a receiver is received before 1st June 2004, the receivership appointment fee shall be £460 instead of the new fee of £300. This is because in those cases the previous commencement fee of £70 payable on the application will apply instead of the new fee of £230. Therefore the joint cost of the fees on the appointment of a receiver (£530) will be the same as if the new fees had been applicable. Before the amendments made by these Rules the joint cost of the fee payable on the appointment was £585.
[2] S.I. 2001/824; amended by S.I. 2001/2977, S.I. 2002/833 and S.I. 2003/1733.back