Family Proceedings, England And Wales Citation and commencement 1 1 This Order may be cited as the Family Proceedings Fees Order 2008 and shall come into force on 1st May 2008. 2 In this Order— a “ Legal Aid Agency ” means the body established under section 2(2)(c) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012; b “the FPR 2010” means the Family Procedure Rules 2010; and c expressions also used in the FPR 2010 have the same meaning as in the FPR 2010 ; d “EU Regulation 606/2013” means Regulation (EU) No. 606/2013 of the European Parliament and of the Council of June 2013 on mutual recognition of protection measures in civil matters; and e “protection measure” and “protected person” have the same meaning as in EU Regulation 606/2013. Fees payable 2 The fees set out in column 2 of Schedule 1 are payable in family proceedings in the High Court and in the family court in respect of the items described in column 1 in accordance with and subject to the directions specified in that column. 3 Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee is required to be paid in respect of any proceedings, the fees specified in this Order are not payable in respect of those proceedings. 3A Fees 1.1, 5.1 and 5.3 in Schedule 1 (fees to be taken) are not payable— a in any proceedings relating to protection measures under EU Regulation 606/2013 if the person who would otherwise be liable to pay the fee is the protected person; b in proceedings for— i a non-molestation order; ii an occupation order; or iii a forced marriage protection order, under Part 4 or 4A of the Family Law Act 1996; ... bb in proceedings for a female genital mutilation protection order under Part 1 of Schedule 2 to the Female Genital Mutilation Act 2003; ... c in proceedings issued by the person who commenced proceedings referred to in sub-paragraphs (b) or (bb) , where that person makes any application in respect of an order made in those proceedings, except an application to appeal such an order ; or d in respect of an application under section 28 (domestic abuse protection orders on application), 29 (applications where domestic abuse protection notice has been given), 40 (arrest for breach of order) or 44 (variation and discharge of orders) of the Domestic Abuse Act 2021 or an appeal under section 46 of that Act (appeals) . 3B 1 In proceedings under the Guardianship (Missing Persons) Act 2017— a fee 5.1 (application in existing proceedings without notice or by consent); and b fee 5.3 (application in existing proceedings on notice); are not payable by the Public Guardian. 2 For the purpose of this regulation, “Public Guardian” has the meaning given in section 57 of the Mental Capacity Act 2005. 3C Fees 5.1 (on an application in existing proceedings without notice or by consent) and 5.3 (on an application in existing proceedings on notice) in Schedule 1 (fees to be taken) are not payable in respect of any application made by reference to sections 31R-W of the Matrimonial and Family Proceedings Act 1984 for an order or direction of the court relating to cross-examination in person of a party to or witness in the proceedings. 3E Fees 5.1 (on an application in existing proceedings without notice or by consent) and 5.3 (on an application in existing proceedings on notice) in Schedule 1 (fees to be taken) are not payable in respect of any application to request a change of procedure from the express financial remedy procedure in proceedings under Part 9 of the Family Procedure Rules 2010 as modified by Practice Direction 36ZH - Pilot Scheme: Express Financial Remedy Procedure. Remissions and part remissions 4 Schedule 2 applies for the purpose of ascertaining whether a party is entitled to a remission or part remission of a fee prescribed by this Order. Revocations 5 The instruments listed in column 1 of the table in Schedule 3 (which have the references listed in column 2) are revoked. Transitional provision 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signed by authority of the Lord Chancellor Bridget Prentice Parliamentary Under Secretary of State Ministry of Justice 3rd April 2008 We consent, Steve McCabe Claire Ward Two of the Lords Commissioners of Her Majesty’s Treasury 7th April 2008