The Court of Judicature (Non-Contentious Probate) Fees (Amendment) Order (Northern Ireland) 2017

Made: 16th January 2017

Coming into operation in accordance with Article 1

The Department has, in accordance with section 116(1) of that Act, consulted with the Lord Chief Justice.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Court of Judicature (Non-Contentious Probate) Fees (Amendment) Order (Northern Ireland) 2017.

• (2) Articles 1 and 3 shall come into operation on 1st April 2017.

• (3) Article 2 shall come into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016[^f00004].

• (4) In this Order “the principal Order” means the Court of Judicature (Non-Contentious Probate) Order (Northern Ireland) 1996[^f00005].

Amendments to the principal Order

2

In Article 9(2) (Exemptions and refunds) of the principal Order—

• (a) at the end of sub-paragraph (d) for “.” substitute “;”; and

• (b) after sub-paragraph (d) insert—

(e) universal credit paid under Part 2 of the Welfare Reform (Northern Ireland) Order 2015[^f00006].

3

For Schedule 1 to the principal Order there shall be substituted the Schedule 1 set out in the Schedule to this Order.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of Justice on 16th January 2017

Claire Sugden — Minister of Justice

The Department of Finance concurs in the making of this Order.

Sealed with the Official Seal of the Department of Finance on 16th January 2017

Emer Morelli — A senior officer of the — Department of Finance

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Court of Judicature (Non-Contentious Probate) Fees Order (Northern Ireland) 1996 (S.R. 1996 No. 104) to increase the fees to be taken in non-contentious probate proceedings over a three year period (10% increase effective from 1 April 2017, 7.5% increase effective from 1 April 2018 with a further 5% increase effective from 1 April 2019). The Order also updates the qualifying benefits for the purpose of exemptions from fees in consequence of the Welfare Reform (Northern Ireland) Order 2015.

The Supreme Court (Non-Contentious Probate) Fees Order (Northern Ireland) 1996 has been renamed the Court of Judicature (Non-Contentious Probate) Fees Order (Northern Ireland) 1996 as a consequence of the renaming of the Supreme Court of Judicature of Northern Ireland by virtue of section 59 and paragraph 6 of Schedule 11 to the Constitutional Reform Act 2005.

An Explanatory Memorandum and a Regulatory Impact Assessment have been produced and are available from Northern Ireland Courts and Tribunals Service, Central Management Team, Laganside House, 23-27 Oxford Street, Belfast BT1 3LA or online alongside this Statutory Rule at http://www.legislation.gov.uk/nisr.

Footnotes

[^f00001]: 1978 c. 23 as amended by s.59 of the Justice Act (Northern Ireland) 2016 (2016 c. 21 (N.I.)).

[^f00002]: Article 15(1) and paragraph 6(h) of Schedule 17 to the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).

[^f00003]: Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976). Formerly the Department of Finance and Personnel, see the Departments Act (Northern Ireland) 2016 (2016 c.5 (N.I.)), Section 1(4) and Schedule 1.

[^f00004]: S.R. 2016 No. 216.

[^f00005]: S.R. 1996 No. 104 to which relevant amendments are made by S.R. 2007 No. 377.

[^f00006]: 2015 No. 2006 (N.I. 1).