The Court and Tribunal Fees (Miscellaneous Amendments) (Change of coming into force) Order 2026
The Lord Chancellor postpones the commencement date of the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026 from 6th July 2026 to 13th July 2026.
This Order applies to fees collected across various legal venues, including the Court of Protection, Magistrates' Courts, the Upper Tribunal, and the First-tier Tribunal, covering matters such as probate, insolvency, and immigration.
The change affects several existing fee orders and is issued with the consent of the Treasury and after consultation with senior members of the judiciary.
Arguments For
The document states that this Order was made to amend S.I. 2026/642 prior to that instrument coming into force.
The explanatory note indicates that no significant impact on business, charities, or voluntary bodies is foreseen as a result of changing the commencement date.
The legislation cites the various enabling powers under the Senior Courts Act 1981, Insolvency Act 1986, Courts Act 2003, Mental Capacity Act 2005, and other acts as the legal basis for the Lord Chancellor to adjust these dates.
The document notes it is being issued free of charge to all known recipients of the original Statutory Instrument being amended.
Arguments Against
Legal practitioners or court users may find the shifting of implementation dates for fee changes creates administrative uncertainty or requires short-notice adjustments to financial planning.
While the document claims no significant impact is foreseen, some parties might argue that any delay in fee adjustments affects the projected recovery of court costs or funding allocations relied upon by the Ministry of Justice.
The lack of a new impact assessment specifically for this delay might be questioned by those seeking detailed data on the administrative costs of rescheduling the fee implementation.
Citation, commencement, extent and application
- —(1) This Order may be cited as the Court and Tribunal Fees (Miscellaneous Amendments) (Change of coming into force) Order 2026.
(2) This Order comes into force on 5th July 2026.
(3) Subject to paragraph (4), this Order extends to England and Wales, Scotland and Northern Ireland.
(4) Any amendment made by this Order has the same extent and application as the provision to which it relates.
This section establishes the official title of the legal instrument and sets it to become active on 5 July 2026.
It specifies the geographic reach of the order across the United Kingdom, noting that specific amendments within the order will apply according to the jurisdiction of the original rules they modify.
Amendment of the Court and Tribunals Fees (Miscellaneous Amendments) Order 2026
- In Article 1(2) of the Court and Tribunal Fees (Miscellaneous Amendments) Order 2026( 9 ) (citation, commencement, extent and application), for '6th July 2026' substitute '13th July 2026'.
This provision alters the start date of a previously issued statutory instrument regarding court and tribunal fees.
It replaces the original commencement date of 6 July 2026 with a new date of 13 July 2026.
This postponement applies to all fee changes scheduled under the referenced 2026 Fees Order.
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