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Statutory Instrument 1991 No. 2114 (L.35)

The Family Proceedings Fees Order 1991

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1991 No. 2114 (L.35)

FAMILY PROCEEDINGS

SUPREME COURT OF ENGLAND AND WALES COUNTY COURTS

The Family Proceedings Fees Order 1991

Made19th September 1991
Coming into force14th October 1991

    The Lord Chancellor, in exercise of the powers conferred on him by section 41 of the Matrimonial and Family Proceedings Act 1984[1], and of all other powers enabling him in that behalf, with the concurrence of the Treasury, hereby makes the following Order:—
        1.—(1)  This Order may be cited as the Family Proceedings Fees Order 1991 and shall come into force on 14th October 1991.

        (2)  In this Order, unless a contrary intention appears—
      a rule or form referred to by number alone means the rule or form so numbered in the Family Proceedings Rules 1991[2];
        expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules.

        2.    Subject to articles 3 and 4, the fees specified in the Schedule to this Order shall be taken in family proceedings in the High Court or in a county court.
        3.    No fee shall be payable under this Order where the person who would otherwise be liable to pay—
       (a) is a legally assisted person within the meaning of section 2(11) of the Legal Aid Act 1988[3];
       (b) is in receipt of income support or family credit under Part II of the Social Security Act 1986[4];
       (c) is a person who is not a beneficiary of a trust fund in court of a value of more than £50,000 and who is—
         (i) under the age of eighteen, or
         (ii) a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989[5] is in force or is being applied for.
        4.    Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue hardship, he may reduce or remit the fee in that case.



Mackay of Clashfern,
C.

16th September 1991
We concur

Thomas Sackville

Nicholas Baker

Two of the Lords Commissioners of Her Majesty's Treasury

19th September 1991




Notes:

[1] 1984 c. 42.

[2] S.I. 1991/1247.

[3] 1988 c. 34.

[4] 1986 c. 50.

[5] 1989 c. 41.

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