1997 No. 2672 (L.41)
SUPREME COURT OF ENGLAND & WALES
The Supreme Court Fees (Amendment) Order 1997
5th November 1997
Laid before Parliament
7th November 1997
Coming into force
1st December 1997
The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 1981(1), sections 414 and 415 of the Insolvency Act 1986(2) and section 128 of the Finance Act 1990(3), with the concurrence of the Lord Chief Justice, the Master of the Rolls, the President of the Family Division, the Vice-Chancellor and the Treasury under section 130(2) of the Supreme Court Act 1981, and with the sanction of the Treasury under sections 414(1) and 415(1) of the Insolvency Act 1986, hereby makes the following Order:
Citation, commencement and interpretation
1. This Order may be cited as the Supreme Court Fees (Amendment) Order 1997 and shall come into force on 1st December 1997.
2. In this Order:—
(a)an article referred to by number means the article so numbered in the Supreme Court Fees Order 1980(4);
(b)a fee or column referred to by number means the fee or column so numbered in the Schedule to that Order;
(c)a form referred to by number means the form so numbered in Appendix A to the Rules of the Supreme Court 1965(5).
Amendments to the Supreme Court Fees Order 1980
3. Article 5 shall be amended as follows:—
(a)in paragraph (1)(a), for the words from “income support” to “1992” there shall be substituted “any qualifying benefit”;
(b)after paragraph (1) there shall be inserted the following new paragraph:—
“(1A) The following are qualifying benefits for the purposes of paragraph (1)(a) above: income support, family credit and disability working allowance under Part VII of the Social Security Contributions and Benefits Act 1992(6), and income-based jobseeker’s allowance under the Jobseekers Act 1995(7).”.
4. After Fee No. 4 there shall be inserted the following new fee:
Document to be marked
4A. On an application under the Arbitration Act 1996(8) whereby High Court Proceedings are originated
The arbitration application (in Form No. 8A(9))”
5. After Fee No. 5D there shall be inserted the following new fee:
Document to be marked
5DA. On any of the following applications under the Arbitration Act 1996:
(a)an application by consent before a judge
The draft order
(b)an application by consent before a master or district judge, where an appointment is taken
The arbitration application (in Form No. 8A)
(c)an application before a Judge where an appointment is taken, other than an application by consent or an ex parte application.
The arbitration application (in Form No. 8A)”.
Irvine of Lairg, C.
Dated 30th October 1997
Bingham of Cornhill, C.J.
Stephen Brown, P.
Richard Scott, V.-C.
Dated 31st October 1997
Jon Owen Jones
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 5th November 1997
(This note is not part of the Order)
This Order amends the Supreme Court Fees Order 1980 so as to extend the exemption from payment of court fees to those in receipt of family credit, disability working allowance or income-based jobseekers' allowance. It also sets fees for originating and other applications under the Arbitration Act 1996.
1981 c. 54.
1986 c. 45; sections 414 and 415 have been amended by the Insolvency Fees Amendment Order 1992, S.I. 1992/34.
1990 c. 29.
S.I. 1980/821; article 5 was amended by S.I. 1995/2629.
S.I. 1965/1776: the relevant amendment is noted in the body of the Order.
1992 c. 4.
1995 c. 18.
1996 c. 23.
Form 8A was inserted by S.I. 1996/3219.