The Court of Judicature Fees (Amendment) Order (Northern Ireland) 2019

Contents

Article 1Citation, commencement and interpretation#

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

(2)In this Order—• “the Aarhus Convention” means the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environment Matters done at Aarhus on 25th June 1998.

Article 2Amendments to the Court of Judicature Fees Order (Northern Ireland) 1996#

The Court of Judicature Fees Order (Northern Ireland) 1996 is amended as follows.

Article 3Amendments to the Court of Judicature Fees Order (Northern Ireland) 1996#

In Article 4 (Fees to be taken in proceedings in the Court of Judicature)—

(a)in paragraph 1 after “column 1” insert “in accordance with and subject to the directions specified in that column”; and

(b)in paragraph (2) at the beginning insert ”Subject to Articles 10A and 10B,”.

Article 4Amendments to the Court of Judicature Fees Order (Northern Ireland) 1996#

In Article 9 (Exemptions and Refunds) at the beginning of paragraph (1) insert “Subject to Articles 10A and 10B,”.

Article 5Amendments to the Court of Judicature Fees Order (Northern Ireland) 1996#

After Article 10 insert—“10A Paragraph (2) applies where—a an order under section 32 of the Judicature (Northern Ireland) Act 1978 is in operation against a person; andb that person makes an application for leave to institute or continue legal proceedings.2 No reduction or remission under Article 4(2) or exemption under Article 9 is available in respect of the fee prescribed by this Order for the application.3 If the person is granted leave, they are to be refunded the difference between—a the fee paid; andb the fee that would have been payable if this Order had been applied without reference to this Article.10B 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) documents;b searches, inspections and a certificate of the result of a search.”

Article 6Amendments to the Court of Judicature Fees Order (Northern Ireland) 1996#

For sections 1 to 6 of the Schedule substitute the new sections set out in the Schedule to this Order.

Article 7Saving Provision#

The 1996 Order as it applied immediately before Article 2 of this Order came into operation, continues to apply to a judicial review or review under any statutory provision of a decision, act or omission which is subject to the provisions of the Aarhus Convention.

Schedule

Contains public sector information licensed under the Open Government Licence v3.0.