The Family Proceedings Fees Order (Northern Ireland) 1996

Link to law: http://www.legislation.gov.uk/nisr/1996/495/made/data.htm?wrap=true
Published: 1996-10-15

Statutory Rules of Northern Ireland
1996 No. 495

FAMILY PROCEEDINGS
SUPREME COURT
COUNTY COURT
The Family Proceedings Fees Order (Northern Ireland) 1996

Made
15th October 1996

Coming into operation
4th November 1996

The Lord Chancellor, in exercise of the powers conferred on him by section 116(1) and (4) 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 Order (Northern Ireland) 1996 and shall come into operation on 4th November 1996.

Interpretation

2.  In this Order

(a)expressions used in the Family Proceedings Rules (Northern Ireland) 1996(2) have the same meaning as in those rules;

(b)a rule referred to by number means the Rule so numbered in the Family Proceedings Rules (Northern Ireland) 1996; and

(c)“the Schedule” means the Schedule to this Order.

Revocation

3.  The Matrimonial Causes Fees Order (Northern Ireland) 1996(3) is hereby revoked.

Fees payable in family proceedings

4.—(1) The fees set out in column 2 of the Schedule shall be payable in respect of the items specified in column 1 of that Schedule whether the proceedings are in the High Court or in a county court.

(2) If any question arises with regard to the payment of a fee, the proper officer or the chief clerk, as the case may be, may report the matter to the Lord Chancellor and obtain his directions thereon.

(3) Where it appears to the Lord Chancellor that the payment of any fee specified in the Schedule would, owing to the exceptional circumstances of the particular case involve undue hardship, he may reduce or remit the fee in that case.

Manner in which Fees are to be taken

5.—(1) Subject to Article 7 of this Order the fees prescribed in the Schedule shall be taken in cash.

(2) Payment of the appropriate court fee shall be endorsed on the relevant document (that is the document indicated in column 3 of the Schedule) by mechanical means or, where this means is not available, the person to whom the fee is paid shall endorse the relevant document by writing thereon the amount and date of payment and shall sign the endorsement.

(3) Where fees are payable under this Order in respect of any item and there is no document in reference to that item on which an endorsement can be made, the person requesting the action to which the item relates shall make the request by a requisition or note in writing which shall be endorsed as to payment of the appropriate fee in accordance with paragraph (2).

Application of Fees

6.  All fees received by virtue of the Schedule shall, unless otherwise appropriated in aid, be paid into the Consolidated Fund.

Disapplication of county court fees

7.  Fees numbered 5, 14, 17, 21, 22, 23, 26 and 27 in Section 1 of Schedule 1 to the County Court Fees Order (Northern Ireland) 1996(4) shall not apply to family proceedings in a county court.

Mackay of Clashfern, C.
Dated 10th October 1996

We concur

Patrick McLaughlin
Roger M. Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 15th October 1996

Article 4

SCHEDULEFees 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

125·00
The filed copy

(b)On presenting 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

135·00
The filed copy

(ii)When the petition is presented to a divorce county court

115·00
The filed copy

NOTE: Fees to include provision for the number of initial copies required for service

2.    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);

30·00
The filed copy

(b)Article 13(1) or 163(1)

20·00
The filed copy

Financial Provision for Children

(c)paragraph 2(1), 3(1), 7(5), 16(1) of Schedule 1

30·00
The filed copy

(d)paragraph 2(4), 3(5), 6(6), 7(7), 7(8), 10(2), 12(2) or 13 of Schedule 1

20·00

Secure Accommodation

(e)Article 44

No fee

Care, Supervision etc

(f)Article 50

50·00
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

20·00
The filed copy

Contact with child in care

(h)Article 53(2), (3), (4) or (9)

20·00
The filed copy

Placement Abroad

(i)Article 33(1)

20·00
The filed copy

Education supervision

(j)Article 55(1)

50·00
The filed copy

(k)paragraph 5(2) or 7(1) of Schedule 4

20·00
The filed copy

Child Assessment

(l)Article 62(1)

50·00
The filed copy

(m)Article 62(12)

20·00
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

20·00
The filed copy

(q)On commencing an appeal under Article 166 or Article 41(11)

(i)to the county court

36·00

(ii)to the High Court

40·00

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.

3.    Application for Ancillary Relief

On filing a notice of application for ancillary relief

30·00
The filed copy

4.    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

30·00
The filed copy

(ii)to a judge

40·00
The filed copy

5.    Writ of Subpoena & Witness Summonses

On sealing a writ of subpoena or issuing a witness summons per person

5·00
The filed copy

6.    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

1·00
The requisition

(ii)for a certified copy of any document per page

2·50
The requisition

(iii)for a sealed and certified copy of any document per page

3·00
The requisition

(b)Postal Applications in addition to the fees at 6(a) above for a copy of any of the documents referred to

5·00
The requisition

7.    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

20·00
The requisition

(b)On a search (including inspection) other than one for which a fee is prescribed under 7(a) above

5·00
The requisition

(c)For an official certificate of the result of a search in any index

5·00
The requisition

(d)Postal applications, in addition to the fee at 7(c) above

5·00

8.    Miscellaneous

For signing, settling or approving an advertisement

5·00
The requisition

9.    Appeals

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

40·00
The filed copy

(b)On entering any appeal (including an interlocutory appeal) to the Court of Appeal

125·00
The notice of appeal or requisition

10.    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—

The bill

(i)for the first £100

22·00
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. 10(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.

11.    Enforcement

On any application for enforcement of a matrimonial order

30·00
The filed copy

Explanatory Note

(This note is not part of the Order.)
This Order revokes and replaces the Matrimonial Fees Order (Northern Ireland) 1996. It prescribes the fees to be taken in respect of specified family proceedings in the High Court and county courts. In particular the Order

prescribes the new fees to be taken in respect of certain proceedings under the Children (Northern Ireland) Order 1995;

re-enacts without increase the fees currently applying to matrimonial proceedings.

(1)
1978 c. 23

(2)
S.R. 1996 No. 322

(3)
S.R. 1996 No. 105

(4)
S.R. 1996 No. 103
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