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[^f00001], 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[^f00002] 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[^f00003] 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[^f00004] shall not apply to family proceedings in a county court.

SCHEDULE — Fees to be taken in Family Proceedings

Commencement of Proceedings

1

Proceedings under the Children (Northern Ireland) Order 1995

2

On filing an application or requesting leave under the following provisions of the Children (Northern Ireland) Order 1995—

Application for Ancillary Relief

3

On filing a notice of application for ancillary relief

Other Application in Proceedings

4

On any application in matrimonial proceedings, except where it is otherwise provided for in this Schedule, or is for an order by consent, made

Writ of Subpoena & Witness Summonses

5

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

Copies of Documents

6

Searches and Inspections

7

Miscellaneous

8

For signing, settling or approving an advertisement

Appeals

9

Taxation

10

Enforcement

11

On any application for enforcement of a matrimonial order

Signed

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

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.

Footnotes

[^f00001]: 1978 c. 23

[^f00002]: S.R. 1996 No. 322

[^f00003]: S.R. 1996 No. 105

[^f00004]: S.R. 1996 No. 103