Delegated Legislation

Affirmative Approval Motion

  Non-Contentious Probate (Fees) Order 2018 Lord Keen of Elie moved that the draft Order laid before the House on 5 November 2018 be approved. Then Lord Marks of Henley-on-Thames moved, as an amendment to the above motion, leave out from "that" to the end and insert "this House declines to approve the draft Order, because it would be an abuse of the fee-levying power, since the proposed increased fees substantially exceed the cost involved in making grants of probate and would amount to a tax, which should only be introduced, if at all, by primary legislation.” After debate, the amendment was disagreed to (see division 1). Then Lord Beecham moved, as an amendment to the motion in the name of Lord Keen of Elie, at end insert "but this House regrets that the draft Order will introduce a revised non-contentious probate fee structure considered by the Secondary Legislation Scrutiny Committee to be “so far above the actual cost of the service [it] arguably amounts to a stealth tax and, therefore, a misuse of the fee-levying power” under section 180 of the Anti-social Behaviour, Crime and Policing Act 2014; and that this Order represents a significant move away from the principle that fees for a public service should recover the cost of providing it and no more." The amendment was agreed to (see division 2). Then the original motion, as amended, was agreed to.
Tuesday 18 December 2018
16:32 - 18:45