The County Court Fees (Amendment) Order (Northern Ireland) 2019

Made: 9th September 2019

Coming into operation: 1st October 2019

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

Citation and commencement

1

This Order may be cited as the County Court Fees (Amendment) Order (Northern Ireland) 2019 and shall come into operation on 1st October 2019.

Amendments to the County Court Fees Order (Northern Ireland) 1996

2

The County Court Fees Order (Northern Ireland) 1996[^f00004] is amended as follows.

3

In Article 4(5) (Fees to be taken in proceedings in county courts) at the beginning insert “Subject to Article 10,”.

4

In Article 8 at the beginning of paragraph (1) insert “Subject to Article 10,”.

5

After Article 9 insert—

(10) No reduction or remission under Article 4(2) or exemption under Article 9 is available in respect of the fees prescribed by this Order for— (a) copy (including a photographic copy) or duplicate documents; (b) searches and inspections.

6

For Schedule 1 substitute the new Schedule 1 set out in the Schedule to this Order.

SCHEDULE

Signed

Sealed with the Official Seal of the Department of Justice on 9th September 2019

Peter May — A senior officer of the Department of Justice

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

Sealed with the Official Seal of the Department of Finance on 9th September 2019

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 County Court Fees Order (Northern Ireland) 1996 (S.R. No. 103) to increase the fees payable in respect of proceedings in the County Court from 1 October 2019 and to introduce a new fee for certification of a pending action for the purpose of registering it as a burden affecting land (Fee 4 in section IV). The Order also provides that exemptions and remissions are not available in respect of fees for copy documents, searches and inspections.

An Explanatory Memorandum and a Regulatory Impact Assessment have been produced and are available from the Northern Ireland Courts and Tribunals Service, 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 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); and s.59 of the Justice Act (Northern Ireland) 2016 (2016 c.21 (N.I.)).

[^f00002]: Article 15(4)(b) of the Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010 No. 976).

[^f00003]: 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. 1996 No. 103 to which relevant amendments are made by S.R. 2007 No. 378 and S.R. 2017 No. 15.