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The Civil Proceedings Fees (Amendment) Order 2013

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Statutory Instruments

2013 No. 734 (L. 6)

Senior Courts Of England And Wales

County Courts, England And Wales

The Civil Proceedings Fees (Amendment) Order 2013

Made

26th March 2013

Laid before Parliament

28th March 2013

Coming into force

1st April 2013

The Lord Chancellor, with the consent and sanction of the Treasury, makes this Order in exercise of the powers conferred by section 92 of the Courts Act 2003(1).

In accordance with section 92(5) and (6) of the Courts Act 2003 the Lord Chancellor has consulted the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the President of the Family Division, the Chancellor of the High Court, the Head of Civil Justice, the Deputy Head of Civil Justice and the Civil Justice Council.

Citation and Commencement

1.  This Order may be cited as the Civil Proceedings Fees (Amendment) Order 2013 and shall come into force on 1st April 2013.

Amendment of the Civil Proceedings Fees Order 2008

2.  The Civil Proceedings Fees Order 2008(2) is amended as follows.

3.  In fee 2.1 and the notes on fee 2.1 in the table in Schedule 1 (fees to be taken), in each instance, after “allocation questionnaire” insert “or directions questionnaire”.

Signed by authority of the Lord Chancellor

Helen Grant

Parliamentary Under Secretary of State

Ministry of Justice

25th March 2013

We consent,

Robert Goodwill

Anne Milton

Two of the Lords Commissioners of Her Majesty’s Treasury

26th March 2013

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Civil Proceedings Fees Order 2008 (S.I. 2008/1053).

The Civil Procedure (Amendment) Rules 2013 (S.I. 2013/262) provide that, in cases where a defence is filed on or after 1st April 2013, allocation questionnaires will be replaced by directions questionnaires. This Order accordingly adds references to directions questionnaires in fee 2.1 in Schedule 1 to the 2008 Order (fee payable where a questionnaire is filed or where the court allocates a case to a track without requiring a questionnaire).

(1)

2003 c.39. Section 92 was amended by section 59 of and paragraph 4 of Schedule 11 Part 2 to the Constitutional Reform Act (c.4). Section 108 was amended by section 15(1) and paragraphs 308 and 345 of Schedule 4 Part 1 to the Constitutional Reform Act 2005 (c.4).

(2)

S.I. 2008/1053 (L.5). Schedule 1 was substituted by S.I. 2011/586 (L.2).

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