1993 No. 3191 (L.27)
The Supreme Court Fees (Amendment) Order 1993
Made
Laid before Parliament
Coming into force
The Lord Chancellor, in exercise of the powers conferred on him by section 130 of the Supreme Court Act 19811, sections 414 and 415 of the Insolvency Act 19862 and section 128 of the Finance Act 19903, 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 1993 and shall come into force on 11th January 1994.
2
In this Order—
1
“the 1980 Order” means the Supreme Court Fees Order 19804;
2
an article or fee referred to by number means the article or fee so numbered in the 1980 Order.
Amendments to the 1980 Order
3
The 1980 Order shall be amended in accordance with the following provisions of this Order.
4
For article 5 there shall be substituted the following—
5
1
No fee shall be payable under this Order where the person who would otherwise be liable to pay it is in receipt of income support under Part VII of the Social Security Contributions and Benefits Act 19925.
2
Where Fee No.25(a) has been paid on the appointment of a judge of the Commercial Court or an official referee as an arbitrator or umpire but the arbitration does not proceed to a hearing or an award, the fee shall be refunded.
3
Where it appears to the Lord Chancellor that payment of any fee under this Order would involve undue financial hardship because of the exceptional circumstances of the particular case, he may reduce or remit the fee in that case.
5
In relation to each fee shown in column 1 of the Schedule to this Order, the amount shown in column 3 shall be substituted for the amount shown in column 2.
6
In Fee No.2, for the word “abroad.” there shall be substituted the following—
abroad,
for appointing a guardian of a child’s estate.
30.00
The filed copy
7
1
Fee No.5E shall be omitted.
2
In the paragraph following Fee No.5E, for “5B, 5D and 5E” there shall be substituted “5B and 5D”.
3
In Fee No.5F, “,5E” shall be omitted.
8
In Fee No.5J, for the words “fixing a date for the trial of a cause or matter before an official referee” there shall be substituted the words “obtaining allocation of a case to an official referee”.
9
For Fee No.25 there shall be substituted the following—
Judge or Official Referee sitting as Arbitrator
25
a
On the appointment of—
i
a judge of the Commercial Court as an arbitrator or umpire under section 4 of the Administration of Justice Act 19706; or
1700.00
ii
an official referee as an arbitrator or umpire under section 11 of the Arbitration Act 19507 and
1200.00
b
for every day or part of a day (after the first day) of the hearing before—
i
a judge; or the judge or official
1700.00
The arbitration agreement or other document produced to
ii
an official referee so appointed as arbitrator or umpire.
1200.00
referee as constituting the submission to arbitration.
10
In Fee No.30, after paragraph (d) there shall be inserted the following—
e
on filing an appeal in bankruptcy
25.00
The notice of appeal
f
on filing a notice of cross appeal or a respondent’s notice
15.00
The notice
SCHEDULE
(1) | (2) | (3) |
---|---|---|
Fee Number | Figure in column 2 of the Schedule to the 1980 Order | Figure to be substituted |
1 | 70.00 | 100.00 |
2(a) to (d) | 10.00 | 15.00 |
3 | 10.00 | 15.00 |
4 | 10.00 | 20.00 |
5A | 10.00 | 20.00 |
5B | 15.00 | 20.00 |
5C | 15.00 | 20.00 |
5D | 15.00 | 20.00 |
5F | 30.00 | 50.00 |
5J | 30.00 | 50.00 |
5K | 30.00 | 50.00 |
6 | 10.00 | 15.00 |
7 | 5.00 | 10.00 |
8(a) | 15.00 | 20.00 |
9 | 15.00 | 20.00 |
11A | 15.00 | 20.00 |
11B | 15.00 | 20.00 |
11C | 10.00 | 15.00 |
11D | 10.00 | 15.00 |
12 | 10.00 | 20.00 |
13 | 17.00 | 25.00 |
14 | 17.00 | 25.00 |
16(a)(i) and (ii) | 10.00 | 20.00 |
16(b)(i) and (ii) | 2.00 | 10.00 |
21(a) and (b) | 5.00 | 10.00 |
22A | 2.00 | 5.00 |
22B | 1.00 | 2.00 |
23(a) | 3.50 | 5.00 |
23(b) | 1.00 | 2.00 |
24 | 1.00 | 5.00 |
26(a) | 60.00 | 100.00 |
26(c) | 15.00 | 50.00 |
27(a)(i) | 75.00 | 100.00 |
27(b) | 30.00 | 50.00 |
30(a) | 40.00 | 50.00 |
30(b)(i) | 15.00 | 20.00 |
30(b)(ii) | 45.00 | 50.00 |
30(d) | 15.00 | 20.00 |
(This note is not part of the Order).