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Family Law

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10 NOV 2008

The Magistrates' Courts Fees (Amendment) Order 2008

10/11/2008 - This Order amends the Magistrates' Courts Fees Order 2008 to take account of the coming into force of sections 1 to 5 and 8 of the Children and Adoption Act 2006 and the Welfare Reform Act 2007. The 2006 Act gives rise to a new application which is provided for by new fee 14A. The 2006 Act also inserts new applications into the Children Act 1989, and this Order inserts fees for these applications into fee 10.1. The 2007 Act introduces a new benefit, income-related employment and support allowance. This Order inserts the benefit into the list of qualifying benefits in Schedule 2.

In addition, this Order:

  • (a) makes provision for the new form C100 to be used in applications under the section 8 of the Children Act 1989 without incurring any additional fee and includes the new form C78 in the list of forms to which fee 10.1 applies. The notes to fee 10.1 and fee 10.2 are amended to make clear that only one fee is payable when any of the forms listed in the description of fee 10.1 are filed together;
  • (b) amends the notes to fee 13.1 and fee 13.2 to make clear that only one fee is payable when an application relates to two or more children who are siblings or children of the family;
  • (c) amends the definition of "party" in Schedule 2, so that it refers to "individual" rather than "party", in order that fee remissions do not apply to companies, partnerships or charities;
  • (d) amends the description of fee 18.2 to reflect a procedural change.
This Order shall come into force on 26 November 2008, except for article 3 and article 6 which shall come into force on 8 December 2008.

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