Statutory Rules of Northern Ireland
1997 No. 177

FAMILY PROCEEDINGS
SUPREME COURT
COUNTY COURT
The Family Proceedings Fees (Amendment) Order (Northern Ireland) 1997

Made
19th March 1997

Coming into operation
1st April 1997

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) 1997 and shall come into operation on 1st April 1997.

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.

Mackay of Clashfern, C.
Dated 19th March 1997

We concur,

Richard Ottaway
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 19th March 1997

Article 2
SCHEDULE

Article 4

SCHEDULEFees to be taken in Family Proceedings

Column 1
Column 2
Column 3

Item
Fee £
Document to be endorsed

Commencement of Proceedings

1.—(a) On sealing an originating summons

150·00
The filed copy

(a)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

150·00
The filed copy

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

135·00
The filed copy

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

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

Application for Ancillary Relief

On filing a notice of application for ancillary relief
40·00
The filed copy

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

40·00
The filed copy

(ii)to a judge

45·00
The filed copy

Writ of Subpoena & Witness Summonses

On sealing a writ of subpoena or issuing a witness summons per person
5·00
The filed copy

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

3·00
The requisition

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

3·50
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

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
The requisition

Miscellaneous

For signing, settling or approving an advertisement
5·00
The requisition

Appeals

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

45·00
The filed copy

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

150·00
The notice of appeal or requisition

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.

Enforcement

On any application for enforcement of a matrimonial order.
35·00
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.


(1)
1978 c. 23

(2)
S.R. 1996 No. 495