The Family Proceedings Fees (Amendment) Order 1997

Link to law: http://www.legislation.gov.uk/uksi/1997/788/made/data.htm?wrap=true
Published: 1997-03-11

This Statutory Instrument has been amended by S.I. 1997/1080 (L. 25) which is printed herein as pages 3 and 4 and is being issued) free of charge to all known recipients of S. I 1997/788 (L. 18).
Statutory Instruments
1997 No. 788 (L. 18)

FAMILY PROCEEDINGS
SUPREME COURT OF ENGLAND AND WALES
COUNTY COURTS
The Family Proceedings Fees (Amendment) Order 1997

Made
11th March 1997

Coming into force
13th March 1997

The Lord Chancellor, in exercise of the powers conferred on him by section 41 of the Matrimonial and Family Proceedings Act 1984(1), and of all other powers enabling him in that behalf, with the concurrence of the Treasury, hereby makes the following Order:

Citation, commencement and interpretation

1.  This Order may be cited as the Family Proceedings Fees (Amendment) Order 1997 and shall come into force on 13th March 1997.

Amendment to the Family Proceedings Fees Order 1991

2.  For articles 3 and 4 of the Family Proceedings Fees Order 1991(2) there shall be substituted the following:–

“3.  No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable,

(a)is in receipt of legal advice and assistance under Part III of the Legal Aid Act 1988(3) in connection with the matter to which the proceedings relate, or

(b)is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 1992(4) and is not in receipt of representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings, or

(c)is not a beneficiary of a trust fund in court of a value of more than £50,000 and is–

(i)under the age of eighteen, or

(ii)a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989(5) is in force or is being applied for.

4.  Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.”.

Amendment to the Family Proceedings (Amendment) Order 1996

3.  Articles 4 and 5 of the Family Proceedings Fees (Amendment) Order 1996(6) shall be omitted.

Mackay of Clashfern, C
Dated 11th March 1997

We concur,

Patrick McLoughlin
Roger Knapman
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 11th March 1997

Explanatory Note

(This note is not part of the Order)
This Order amends the Family Proceedings Fees Order 1991 by restoring the provisions governing exemption and remission from court fees to their wording immediately prior to the coming into force of the Family Proceedings Fees (Amendment) Order 1996. It also revokes the relevant articles of the 1996 Order.


(1)
1984 c. 42.

(2)
S.I. 1991/2114, as amended by S.I. 1995/2628 and 1996/3190.

(3)
1988 c. 34.

(4)
1992 c. 4.

(5)
1989 c. 41.

(6)
S.I. 1996/3190.
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