Stamp Duties and Fees (No. 3) (Jersey) Regulations 2004

 

R&O – 75/2004

Stamp Duties and Fees (No. 3) (Jersey) Regulations 2004

Made                                                                             21st July 2004

Coming into force                                                         28th July 2004

THE STATES, in pursuance of Article 3 of the Stamp Duties and Fees (Jersey) Law 1998,[1] have made the following Regulations –

1        First Schedule replaced

For the First Schedule to the Stamp Duties and Fees (Jersey) Law 1998[2] there shall be substituted the Schedule set out in the Schedule to these Regulations.

2        Citation and commencement

These Regulations may be cited as the Stamp Duties and Fees (No. 3) (Jersey) Regulations 2004 and shall come into force 7 days after they are made.

M.N. DE LA HAYE

Greffier of the States.

 


SCHEDULE

(Article 1)

first Schedule replaced

“FIRST SCHEDULE

(Article 2)

part 1

judicial fees

Item

Stamp Duty

Chargeable Document

Designated Officer

1.       ACKNOWLEDGEMENT OF DEBT ON TABLE OR AU GREFFE –

 

 

 

(a)     Where the borrowing relates to a contract of purchase falling to be charged under item 13(b) of this Part where the gross value of the property or, where the dwelling has not been constructed, the notional gross value of the property once the dwelling has been constructed, calculated on the basis of market values obtaining at the time of sale –

 

 

 

          (i)      does not exceed £150,000

£25

Billet

Greffier

          (ii)      exceeds £150,000 but does not exceed £175,000

12.5p for each £100 or part of £100 of the amount to be acknowledged subject to a minimum of £25

Billet

Greffier

          (iii)     exceeds £175,000 but does not exceed £200,000

25p for each £100 or part of £100 of the amount to be acknowledged subject to a minimum of £25

Billet

Greffier

          (iv)     exceeds £200,000 but does not exceed £250,000

37.5p for each £100 or part of £100 of the amount to be acknowledged subject to a minimum of £25

Billet

Greffier

(b)     Where the borrower produces to the designated officer a letter from the Comptroller of Income Tax confirming that it qualifies for exemption from income tax pursuant to Article 115(a), (aa) or (ab) of the Income Tax (Jersey) Law 1961

£5

Billet

Greffier

(c)     In any other case

50p for each £100 or part of £100 of the amount to be acknowledged subject to a minimum of £5

Billet

Greffier

(d)     In all cases under this item, for each document registered

£50

Billet

Greffier

Provided that where the Greffier is satisfied that the document is a renewal or further renewal of a judicial hypothec on which stamp duty has already been paid and which has become prescribed by lapse of time under Article 29 of the Loi (1880) Sur La Propriété Foncière, the total fee payable –

(A)    under paragraph (a) or (c) of this item shall be £50; and

(B)     under paragraph (b) of this item shall be £5

2.       ACTIONS –

 

 

 

(1)     In the Petty Debts Court –

 

 

 

(a)     Where the claim does not exceed £100

£2

Claim Summary

Greffier

          (b)     Where the claim exceeds £100 but does not exceed £1,000

£10

Claim Summary

Greffier

          (c)     Where the claim exceeds £1,000 but does not exceed £2,500

£25

Claim Summary

Greffier

          (d)     Where the claim exceeds £2,500

£40

Claim Summary

Greffier

          (e)     For expulsion of a refractory tenant

£25

Claim Summary

Greffier

          (f)      In pursuance of the Separation and Maintenance Orders (Jersey) Law 1953 or the Maintenance Orders (Facilities for Enforcement) (Jersey) Law 2000

£25

Claim Summary

Greffier

          (g)     Each intervention or opposition made during the hearing

£25

Intervention or Opposition

Greffier

          (h)     Fixing a date for a trial or hearing

£25

Application or Claim Summary

Greffier

(2)     In the Royal Court (excluding acknowledgement of debt) on Table or au Greffe –

 

 

 

          (a)     First billet in the proceedings or counterclaim in an action

£50

Billet or Counterclaim

Greffier

          (b)     Before the Superior Number

£50

Billet

Greffier

          (c)     Appeal to the Inferior Number

£50

Notice of Appeal

Greffier

          (d)     Setting down for hearing

£50

Application

Greffier

          (e)     Hearing of the action in a case, or any interlocutory matter therein, where the court appoints a special day for judging a dispute between parties, whether or not witnesses are heard, for each half day or part of a half day

£300

Billet or application

Greffier

          (f)      Each intervention or opposition made during the course of an action

£25

Intervention or Opposition

Greffier

3.       ACT OF THE COURT REGISTERED IN THE REGISTER OF OBLIGATIONS, cancellation of

£25

Act, Affidavit or Declaration

Greffier

4.       ADOPTION, application and hearing under the Adoption (Jersey) Law 1961

£50

Application

Greffier

5.       APPLICATION OR DECLARATION, not otherwise provided for in this Schedule

£50

Application or Declaration

Greffier

6.       ARBITRATION BEFORE GREFFIER, for each attendance, fee payable by the plaintiff, for each half day or part of a half day

£200

Record

Greffier

7.       ARREST OF DEBTOR (SAISIE) –

 

 

 

(a)     Arrest and notification

At discretion of Viscount subject to a maximum of £200

Order of justice, provisional order or Act of the Court

Viscount

(b)     Discharge of arrest

£50

Record

Viscount

(c)     Accepting surety to release arrest of debtor, or to produce debtor before Court on pain of satisfying judgment

£50

Record

Viscount

(d)     Attending to arrest debtor, arrest not effected

At discretion of Viscount subject to a maximum of £200

Order of justice, provisional order or Act of the Court

Viscount

Provided that where, in addition to the arrest of a debtor, the debtor’s goods are distrained on, the fees specified under item 19 of this Part shall be payable in addition to the fees specified under this item.

8.       AUTHORITY TO PRACTISE as an architect, dentist, medical practitioner, optician, pharmaceutical chemist, veterinary surgeon

£100

Application

Greffier

9.       CASIER JUDICIAIRE, certificate relating to criminal convictions

£50

Certificate

Greffier

10.     CAVEAT IN RELATION TO THE PASSING OF A CONTRACT TRANSFERRING IMMOVABLE PROPERTY –

 

 

 

(a)     Lodging caveat with Bailiff

£50

Caveat

Bailiff

(b)     Renewal of caveat

£50

Caveat

Bailiff

The fees paid under this item include delivery to the debtor of a copy of the caveat and filing a copy in the Public Registry.

11.     CESSION, application to Court to make cession, and posting of notice

£50

Application

Greffier

12.     COMMISSION PAYABLE IN RESPECT OF THE ADMINISTRATION BY THE VISCOUNT of property other than property en désastre –

 

 

 

(a)     In respect of money or assets received

10%

Record

Viscount

(b)     On any money or assets paid out or distributed

2½%

Record

Viscount

13.     CONTRACTS –

 

 

 

(a)     Of sale of immovable property other than rentes anciennes but including rentes nouvelles and simple conventional hypothecs (except as provided by paragraphs (b), (j), (k) or (t) of this item), where the consideration for the transfer of the property or, if the gross value of the property transferred exceeds such consideration, the gross value of the property –

 

 

 

          (i)      does not exceed £50,000

50p each £100 or part of £100 subject to a minimum of £10

Contract

Greffier

          (ii)      exceeds £50,000 but does not exceed £300,000

£250 in respect of the first £50,000, plus £1.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iii)     exceeds £300,000 but does not exceed £500,000

£4,000 in respect of the first £300,000, plus £2 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iv)     exceeds £500,000 but does not exceed £700,000

£8,000 in respect of the first £500,000, plus £2.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (v)     exceeds £700,000

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof

Contract

Greffier


Provided that in the case of a contract of exchange of immovable property the fees specified in this paragraph shall be separately calculated in respect of the gross value of each property transferred.

(b)     Of sale of land on which a dwelling is, or is to be, constructed for occupation by the purchaser where (subject as is hereinafter provided) the gross value of the property or, where the dwelling has not been constructed, the notional gross value of the property once the dwelling has been constructed, calculated on the basis of market values obtaining at the time of the sale –

 

 

 

          (i)      does not exceed £150,000

£150

Contract

Greffier

          (ii)      exceeds £150,000 but does not exceed £175,000

£62.50 in respect of the first £50,000, plus 25p for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iii)     exceeds £175,000 but does not exceed £200,000

£125 in respect of the first £50,000, plus 50p for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iv)     exceeds £200,000 but does not exceed £250,000

£187.50 in respect of the first £50,000, plus 75p for each £100 or part of £100 in excess thereof

Contract

Greffier

Provided that the fees specified in this paragraph shall only be substituted for those payable under paragraph (a) of this item where the transaction fulfills all the following conditions –

(A)    the purchaser requests that the stamp duty be assessed in accordance with this sub-paragraph;

(B)     the purchaser is a person to whom Regulation 1(1)(a) to (h) or (n)(ii) of the Housing (General Provisions) (Jersey) Regulations 1970 applies;

(C)     the purchaser satisfies the designated officer that he or she does not own or hold on contract lease, whether in his or her own name either solely or jointly or in common with any other person, or beneficially through a nominee or limited liability company or other corporate body, and has not previously so owned or held on contract lease, any dwelling accommodation in Jersey or elsewhere; and

(D)    the consideration for the sale is not less, or not substantially less, than the gross value of the property as sold.

(c)     Of gift, resignation or cession without cash consideration of immovable property (except as provided by paragraphs (j), (k) or (t) of this item), where the net value of the immovable property transferred –

 

 

 

          (i)      does not exceed £50,000

50p for each £100 or part of £100, subject to a minimum of £10

Contract

Greffier

          (ii)      exceeds £50,000 but does not exceed £300,000

£250 in respect of the first £50,000, plus £1.50 for each £100 or part of £100 in excess thereof

Contract

 

          (iii)     exceeds £300,000 but does not exceed £500,000

£4,000 in respect of the first £300,000, plus £2 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iv)     exceeds £500,000 but does not exceed £700,000

£8,000 in respect of the first £500,000, plus £2.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (v)     exceeds £700,000

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof

Contract

Greffier

(d)     Of creation of rente nouvelle or of a simple conventional hypothec or hypothecs in association with a contract of purchase falling to be charged under paragraph (b) of this item where the gross value of the property or, where the dwelling has not been constructed, the notional gross value of the property once the dwelling has been constructed, calculated on the basis of market values obtaining at the time of sale –

 

 

 

          (i)      does not exceed £150,000

£25

Contract

Greffier

          (ii)      exceeds £150,000 but does not exceed £175,000

12.5p for each £100 or part of £100 of the capital sum hypothecated subject to a minimum of £25

Contract

Greffier

          (iii)     exceeds £175,000 but does not exceed £200,000

25p for each £100 or part of £100 of the capital sum hypothecated subject to a minimum of £25

Contract

Greffier

          (iv)     exceeds £200,000 but does not exceed £250,000

37.5p for each £100 or part of £100 of the capital sum hypothecated subject to a minimum of £25

Contract

Greffier

          (v)     where the borrower produces to the designated officer a letter from the Comptroller of Income Tax confirming that it qualifies for exemption from income tax pursuant to Article 115(a), (aa) or (ab) of the Income Tax (Jersey) Law 1961

£50

Contract

Greffier

          (vi)     in any other case

50p for each £100 or part of £100 of the capital sum hypothecated subject to a minimum of £10

Contract

Greffier

(e)     Sale of rente ancienne

50p for each £100 or part of £100 of the consideration for the sale subject to a minimum of £5

Contract

Greffier

(f)      Of creation or sale of an annuity or of cession or sale of life-enjoyment of immovable property (except as provided by paragraph (i) of this item)

50p for each £100 or part of £100 of the capital value of the annuity or life-enjoyment, as agreed with the Greffier subject to a minimum of £10

Contract

Greffier

(g)     Of assignment or reimbursement of rente ancienne or of reimbursement of rente nouvelle or of a simple conventional hypothec or hypothecs, where the capital reimbursable value of the rente or hypothec assigned or reimbursed –

 

 

 

          (i)      does not exceed £100

£2

Contract

Greffier

          (ii)      exceeds £100

£10

Contract

Greffier

(h)     Of partage (except as provided by paragraph (i) of this item) where the total net value of the immovable property disposed by the contract –

 

 

 

          (i)      does not exceed £50,000

50p for each £100 or part of £100 subject to a minimum of £10

Contract

Greffier

          (ii)      exceeds £50,000

£250 for the first £50,000, plus £1 for each £100 or part of £100 in excess thereof

Contract

Greffier

(i)      Of cession without cash consideration of the life-enjoyment of immovable property passed before Court at the same time as, or within one month directly following, the contract of acquisition of the property by the transferor, if the transferee is a member of the transferor’s family; or, except where the proviso to item 46 applies, of partage of devised immovable property passed before Court within the 18 months next following registration of the will of the deceased; or of sous-partage

£5 for each page of the contract subject to a minimum of £10

Contract

Greffier

(j)      Of sale, gift, cession or other transfer of immovable property by a sole owner into joint ownership with another person, where the cash consideration for the transfer or, if one half of the net value of the property exceeds such consideration, one half of the net value of the property –

 

 

 

          (i)      does not exceed £50,000

50p for each £100 or part of £100 subject to a minimum of £10

Contract

Greffier

          (ii)      exceeds £50,000 but does not exceed £300,000

£250 in respect of the first £50,000, plus £1.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iii)     exceeds £300,000 but does not exceed £500,000

£4,000 in respect of the first £300,000, plus £2 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iv)     exceeds £500,000 but does not exceed £700,000

£8,000 in respect of the first £500,000, plus £2.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (v)     exceeds £700,000

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof

Contract

Greffier

Provided that –

(A)    if the transfer is effected by cession or sale of the property to a third party and resignation back to the transferee, the fee specified in this paragraph shall be taken on the first contract and the fee taken on the contract of resignation shall be £5 for each page of the contract subject to a minimum of £10;

(B)     where any transfer of immovable property or of a share therein takes place by reason of an order made by the Court under Article 28 of the Matrimonial Causes (Jersey) Law 1949, the fee specified in this paragraph shall be reduced to £5 for each page of the contract subject to a minimum of £10; and

(C)     where any transfer of immoveable property by a sole owner is into the joint ownership of that person and his or her spouse and, at the time of the transfer, that property is their matrimonial home, the fee specified in this paragraph shall be reduced to £5 for each page of the contract subject to a minimum of £10.

(k)     Of sale, gift, cession or other transfer of immovable property by a joint owner into sole ownership, where the cash consideration for the transfer –

 

 

 

          (i)      does not exceed £50,000

50p for each £100 or part of £100 subject to a minimum of £10

Contract

Greffier

          (ii)      exceeds £50,000 but does not exceed £300,000

£250 in respect of the first £50,000, plus £1.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iii)     exceeds £300,000 but does not exceed £500,000

£4,000 in respect of the first £300,000, plus £2 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (iv)     exceeds £500,000 but does not exceed £700,000

£8,000 in respect of the first £500,000, plus £2.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (v)     exceeds £700,000

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof

Contract

Greffier

Provided that –

(A)    if the transfer is effected by cession or sale of the property to a third party and resignation back to the transferee, the fee specified in this paragraph shall be taken on the first contract and the fee taken on the contract of resignation shall be £5 for each page of the contract subject to a minimum of £10;

(B)     where any transfer of immovable property or of a share therein takes place by reason of an order made by the Court under Article 28 of the Matrimonial Causes (Jersey) Law 1949, the fee specified in this paragraph shall be reduced to £5 for each page of the contract subject to a minimum of £10; and

(C)     where any transfer of immoveable property in the joint ownership of spouses is by one of them into the sole ownership of the other and, at the time of the transfer, that property is their matrimonial home, the fee specified in this paragraph shall be reduced to £5 for each page of the contract subject to a minimum of £10.

(l)      Of lease, sub-lease or transfer or extension of lease or sub-lease, where (subject as is hereinafter provided, and except as provided by paragraphs (m) or (t) of this item) the figure being the product of the annual rental stipulated in the contract multiplied by the number of years for which the contract provides that the lessee, sub-lessee or transferee shall have possession of the demised premises (excluding any period in excess of 21 years) with the addition of any consideration (other than agent’s  commission and legal fees) to whomsoever paid or payable in respect of the transaction by the lessee, sub-lessee or transferee, whether stipulated in the contract or not –

 

 

 

          (i)      does not exceed £100,000

25p for each £100 or part of £100 subject to a minimum of £10

Contract

Greffier

          (ii)      exceeds £100,000

£250 in respect of the first £100,000, plus 50p for each £100 or part of £100 in excess thereof

Contract

Greffier

In calculating the fee payable under this paragraph –

(A)    in determining the number of years to be taken into account, any fraction of a year shall be reckoned as a full year and any optional extension of the term of the lease or sub-lease shall be included;

(B)     in the case of a transfer or extension of a lease or sub-lease, (except as hereinafter provided) the rental to be taken as a basis for calculating the fee shall be the rental currently payable for the demised premises at the date of the contract;

(C)     where a lease or sub-lease is granted, transferred or extended for less than the prevailing market rental of the demised premises, a fee calculated on such rental shall be agreed with the Greffier;

(D)    any contract increasing the rental payable in respect of an existing lease or sub-lease shall be deemed to be a contract of lease for the purpose of this Law, and shall be subject to the fee specified in this sub-paragraph in respect of the increased rental or any part thereof on which stamp duty has not previously been paid under clause (C); and

(E)     in the case of an extension of a lease or sub-lease, the term of years on which stamp duty has previously been paid by the lessee or sub-lessee may, at the discretion of the Greffier, be taken into account in determining the fee to be paid under this paragraph in respect of the extension.

(m)    Of lease or transfer of lease of dwelling accommodation where (subject as is hereinafter provided) the transaction falls within the financial limits of the Building Loans (Miscellaneous Provisions) (Jersey) Regulations 1961 (whether or not a loan is actually made under those Regulations) and the gross value of the premium for granting or transfer of the lease, calculated on the basis of market values obtaining at the time of the passing of the contract –

 

 

 

          (i)      does not exceed £150,000

£150

Contract

Greffier

          (ii)      exceeds £150,000 but does not exceed £175,000

25% of the fee calculated in accordance with paragraph (l) of this item subject to a minimum of £150

Contract

Greffier

          (iii)     exceeds £175,000 but does not exceed £200,000

50% of the fee calculated in accordance with paragraph (l) of this item subject to a minimum of £150

Contract

Greffier

          (iv)     exceeds £200,000 but does not exceed £250,000

75% of the fee calculated in accordance with paragraph (l) of this item subject to a minimum of £150

Contract

Greffier

Provided that the fees specified in this paragraph shall only be substituted for those payable under paragraph (l) of this item where the transaction fulfils all the following conditions –

(A)    the lessee or transferee requests that the stamp duty be assessed in accordance with this paragraph;

(B)     the lessee or transferee is a person to whom Regulation 1(1)(a) to (h) or (n)(ii) of the Housing (General Provisions) (Jersey) Regulations 1970 applies;

(C)     the lessee or transferee satisfies the designated officer that the lessee does not own or hold on contract lease, whether in his or her own name either solely or jointly or in common with any other person, or beneficially through a nominee or limited liability company or other corporate body and has not previously so owned or held on contract lease, any dwelling accommodation in Jersey or elsewhere; and

(D)    the premium for the granting or transfer of the lease is not less, or not substantially less, than the gross value of the premium calculated in accordance with the foregoing provisions of this paragraph.

(n)     Not otherwise provided for under this item –

 

 

 

          (A)    where the consideration stipulated in the contract –

 

 

 

                   (i)      does not exceed £50,000

50p for each £100 or part of £100 subject to a minimum of £10

Contract

Greffier

                    (ii)     exceeds £50,000 but does not exceed £300,000

£250 in respect of the first £50,000, plus £1.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

                    (iii)     exceeds £300,000 but does not exceed £500,000

£4,000 in respect of the first £300,000, plus £2 for each £100 or part of £100 in excess thereof

Contract

Greffier

                   (iv)    exceeds £500,000 but does not exceed £700,000

£8,000 in respect of the first £500,000, plus £2.50 for each £100 or part of £100 in excess thereof

Contract

Greffier

                   (v)     exceeds £700,000

£13,000 in respect of the first £700,000, plus £3 for each £100 or part of £100 in excess thereof

Contract

Greffier

          (B)     Where no consideration is stipulated in the contract

£5 for each page of the contract subject to a minimum of £10

Contract

Greffier

(o)     Power of attorney, or letters of appointment of guardian, or of administration to property, or of attainment of majority

£50

Power of attorney or letters

Greffier

(p)     Where contracts, powers of attorney, or letters of appointment of guardian, or of administration to property, or of attainment of majority, are passed in private, or otherwise than on a day or at a time appointed by rules of court for the public passing of contracts, an additional fee shall be payable of

£50

Contract, power of attorney or letters

Greffier

(q)     For any contract, power of attorney, or letters of appointment of guardian, or of administration to property, or of attainment of majority, passed en minute an additional fee shall be payable of

£50

Contract, power of attorney or letters

Greffier

(r)      For the sealing of a contract by the Bailiff

£50

Contract

Greffier

(s)      For the signing of a copy of a contract by the Bailiff

£50

Copy of contract

Greffier

(t)      Of sale within the terms of paragraph (a) of this item, of gift, resignation or cession within the terms of paragraph (c) of this item or of lease, sub-lease or transfer or extension of lease or sub-lease within the terms of paragraph (l) of this item, where the purchaser, donee, lessee, sub-lessee or transferee, according to the case, produces to the designated officer a letter from the Comptroller of Income Tax confirming that it qualifies for exemption from income tax pursuant to Article 115(a), (aa) or (ab) of the Income Tax (Jersey) Law 1961

£50

Contract

Greffier

(u)     in all cases under this item, for each document registered

£50

Contract, power of attorney or letters

Greffier

14.     LOI (1991) SUR LA COPROPRIETE DES IMMEUBLES BATIS –

 

 

 

(a)     Application for registration of a co-ownership declaration (Article 3(1))

£150

Application

Greffier

(b)     Application for registration of an amendment to a co-ownership declaration (Article 3(5))

£75

Application

Greffier

15.     COPY OF ACT or other document, other than the copy to which a plaintiff or grantee, as the case may be, is entitled free of charge, and excluding copies otherwise provided for in this Schedule, for –

 

 

 

(a)     A typewritten copy, each page

£10

Copy of Act or other document

Greffier

(b)     A photostat copy, each page

£1

Copy of Act or other document

Greffier

(c)     Greffier’s certificate and signature

£25

Copy of Act or other document

Greffier

Provided that no fee shall be taken under this item in respect of any extract or copy for which a fee is taken under paragraph (a) of item 23 of this Part.

16.     DEED POLL, registration of

£50

Application

Greffier

17.     DEGREVEMENT –

 

 

 

(a)     Application to Court for permission to conduct dégrèvement

£50

Application

Greffier

(b)     Conduct of dégrèvement by Greffier, for each half day or part of a half day

£200

Record of dégrève-ment

Greffier

(c)     Putting into possession a person entitled after a dégrèvement for each corpus fundi

£50

Record

Viscount

18.     DESASTRE –

 

 

 

(a)     Application to the Court to declare the movable property (biens meubles) of a person en désastre

£100

Application

Greffier

(b)     Viscount –

 

 

 

          (i)      attending the taking of an inventory of movable property sequestrated

£100

Copy of Viscount’s accounts

Viscount

          (ii)      preparing notice requiring creditors to file claims

£50

Copy of Viscount’s accounts

Viscount

          (iii)     attending at Court in course of désastre proceedings, for each half day or part of a half day

£200

Copy of Viscount’s accounts

Viscount

          (iv)     preparing notice concerning inspection of statements of claim

£50

Copy of Viscount’s accounts

Viscount

          (v)     making arrangements for, and preparing notice of, sale

£100

Copy of Viscount’s accounts

Viscount

          (vi)     attending sale

£100

Copy of Viscount’s accounts

Viscount

(c)     Commission on –

 

 

 

          (i)      money or assets received

10%

Copy of Viscount’s accounts

Viscount

          (ii)      money or assets distributed among creditors

2½%

Copy of Viscount’s accounts

Viscount

19.     DISTRAINT (ARRET), by virtue of an order of justice, a provisional order or an act of the Court –

 

 

 

(a)     Distraint, notification and release

At discretion of Viscount subject to a maximum of £200

Order of justice, provisional order or Act of the Court

Viscount

(b)     Acceptance of surety –

 

 

 

          (i)      to avoid distraint

£50

Record

Viscount

          (ii)      to release distraint

£50

Record

Viscount

(c)     Renewal of distraint

£50

Record

Viscount

(d)     Making arrangements for, and preparing notices of, sale; attendance at sale, and commission on amount realised; registration and notice of sale

£100 plus 10% of amount realised

Book of sales

Viscount

(e)     Attending to effect distraint, distraint not effected

At discretion of Viscount subject to a maximum of £200

Order of justice, provisional order or Act of the Court

Viscount

20.     DOCUMENTS (INCLUDING WILLS) LODGED AU GREFFE, for each document

£50

Document lodged

Greffier

21.     ENROLMENT OF ACTS AND OTHER DOCUMENTS AU GREFFE, for each document

£25

Act or document enrolled

Greffier

22.     EVIDENCE OF WITNESS TAKEN IN WRITING BEFORE VISCOUNT OR GREFFIER 

 

 

 

(a)     Viscount or Greffier attending to take evidence, for each half day or part of a half day

£200

Deposition

Viscount

(b)     Copy of transcript of, for each page

£6

Transcript

Viscount

23.     EXTRACTS OR COPIES FROM PUBLIC REGISTRY

 

 

 

(a)     Extracts and copies, other than the lists mentioned in paragraph (b) of this item –

 

 

 

          (i)      for each page

£1

Extract or copy

Greffier

          (ii)      for Greffier’s certificate and signature

£25

Extract or copy

Greffier

(b)     Lists of transfers of immovable property furnished annually to –

 

 

 

          (i)      the parish of St. Helier

£250

List

Greffier

          (ii)      the parish of St. Brelade

£150

List

Greffier

          (iii)     the parish of St. Saviour

£150

List

Greffier

          (iv)     any other parish

£100

List

Greffier

          (v)     States’ department (complete list)

£300

List

Greffier

24.     GUARDIAN AD LITEM, appointment of

£25

Application

Greffier

25.     JUDGMENT DEBTS, Act of Court lodged with Viscount and found to be unenforceable by reason either that the debtor cannot be found or that he or she is without assets

At discretion of Viscount subject to a maximum of £200

Act of Court

Viscount

26.     JUDGMENTS, REGISTRATION OF, under Judgments (Reciprocal Enforcement) (Jersey) Law 1960 –

 

 

 

(a)     Application for

£100

Application

Greffier

(b)     Application for a certified copy of a judgment obtained in the Royal Court

£25

Affidavit

Bailiff

27.     LEGITIMACY (JERSEY) LAW 1973, presentation and hearing of petition for decree of legitimacy or illegitimacy

£100

Petition

Greffier

28.     LICENSING (JERSEY) LAW 1974, each application (other than an application to which the Licensing (Licence Fees) (Jersey) Regulations 2003 apply) and each declaration made in pursuance of the Law to the Licensing Assembly or the Royal Court

£50

Application or declaration

Greffier

29.     JERSEY GAS COMPANY (JERSEY) LAW 1989 –

 

 

 

(a)     Delivery of copy of statement of members or shareholders of the Company (Article 12(2))

£120

Statement

Greffier

(b)     Searches –

 

 

 

          (i)      for each personal search

£3

Search ticket

Greffier

          (ii)      for each postal search

£8

Letter of application

Greffier

(c)     Copies –

 

 

 


          (i)      copy of, or extract from, registered particulars of the Company, each page

25p

Application

Greffier

          (ii)      Greffier’s certificate and signature

£10

Application

Greffier

30.     MENTAL HEALTH (JERSEY) LAW 1969 

 

 

 

(a)     Application to deal with interdict’s property (Article 50(17))

£50

Application

Greffier

(b)     Application for appointment of acting nearest relative (Article 39)

£50

Summons

Greffier

(c)     Application for discharge or variation of order appointing acting nearest relative (Article 40)

£50

Summons

Greffier

(d)     Application for leave to institute proceedings (Article 57(2))

£50

Summons

Greffier

31.     ORDERS OF JUSTICE AND PROVISIONAL ORDERS –

 

 

 

(a)     Order of justice signed by Bailiff

£50

Order of justice

Bailiff

(b)     Provisional order –

 

 

 

          (i)      signed by Bailiff

£50

Provisional order

Bailiff

          (ii)      signed by Judge of Petty Debts Court

£25

Provisional order

Greffier

32.     PATENTS AND DESIGNS under Patents (Jersey) Law 1957 and Registered Designs (Jersey) Law 1957 –

 

 

 

(a)     Application for registration

£85

Application

Greffier

(b)     Searches –

 

 

 

          (i)      for each personal search

£25

Search ticket or letter of application

Greffier

          (ii)      for each postal search

£50

Search ticket or letter of application

Greffier

(c)     Copies –

 

 

 

          (i)      copy of certificate of registration

£1

Application

Greffier

          (ii)      copy of, or extract from, register, each page

£1

Application

Greffier

          (iii)     Greffier’s certificate and signature

£25

Application

Greffier

33.     POWER OF ATTORNEY –

 

 

 

(a)     Registration of

£25

Power of attorney

Greffier

(b)     Registration of declaration abandoning or revoking

£25

Declaration

Greffier

34.     PRISONER FOR DEBT, conducting from prison to Court and from Court to prison

£200

Application to produce debtor before Court

Viscount


35.     REALISATION under Loi (1880) sur la Propriété Foncière –

 

 

 

(a)     Application to carry out a réalisation

£50

Application

Greffier

(b)     Preparation and conduct of proceedings by Greffier, for each half day or part of a half day

£200

List of creditors

Greffier

36.     REMONSTRANCE, REPRESENTATION OR DOLEANCE –

 

 

 

          (a)     Presentation to Court

£50

Remon-strance, represent-ation or doléance

Greffier

          (b)     Where the Court fixes a special day for the hearing, each half day or part of a half day

£300

Remon-strance, represent-ation or doléance

Greffier

37.     SEARCHES AU GREFFE, excluding searches otherwise provided for in this Schedule –

 

 

 

(a)     By members of Greffe staff, each half hour

£25

Search ticket

Greffier

(b)     Other searches, each half hour

£10

Search ticket

Greffier

38.     SUMMONS, HEARING OF –

 

 

 

(a)     Fixing date for hearing before the Greffier

£25

Summons

Greffier

(b)     Contested order by the Court, each half day or part of a half day

£300

Summons

Greffier

(c)     Contested order by the Greffier, each half day or part of a half day

£200

Summons

Greffier

39.     SUMMONS, SERVICE OF OR ATTEMPTED SERVICE OF, BY VISCOUNT –

 

 

 

(a)     In pursuance of an order of justice regarding guardianship, administration of property or attainment of majority, each person

£50

 

Viscount

(b)     In connection with any other order of justice, remonstrance, representation or doléance, each person

At discretion of Viscount subject to a maximum of £200

 

Viscount

Provided that in the case of the arrest of a debtor or the effecting of a distraint, the fees set out in paragraph (b) of this item shall be taken in addition to the fees set out in item 7 or 19 of this Part.

(c)     Renewal of summons in connection with an order of justice or remonstrance, each person

£25

Record

Viscount

(d)     Certifying each copy of an order of justice, remonstrance, representation or doléance

£25

Record

Viscount

(e)     On a debtor requiring him or her to pay a claim within 2 months on pain of dégrèvement

At discretion of Viscount subject to a maximum of £200

Record

Viscount

(f)      Any summons or notice not otherwise provided for

At discretion of Viscount subject to a maximum of £100

Record

Viscount

40.     SUMMONS, SERVICE OF, order for service out of jurisdiction and/or substituted service

£50

Order

Bailiff or Greffier

41.     TAXATION OF COSTS BY GREFFIER, for each half hour

£37.50

Bill of costs

Greffier

42.     TENANTS, EXPULSION OF REFRACTORY under Loi (1919) sur la location des bien-fonds and Loi (1946) concernant l’expulsion des locataires refractaires –

 

 

 

(a)     Notice to quit served on –

 

 

 

          (i)      a tenant at the instance of a landlord

At discretion of Viscount subject to a maximum of £50

Record

Viscount

          (ii)      a landlord at the instance of a tenant

At discretion of Viscount subject to a maximum of £50

Record

Viscount

(b)     Notice of eviction served on a tenant

At discretion of Viscount subject to a maximum of £200

Act of the Court

Viscount

(c)     Carrying out eviction, for each half day or part of a half day

At discretion of Viscount subject to a maximum of £200

Act of the Court

Viscount

43.     TRUSTS AND CORPORATIONS under Loi (1862) sur les teneures en fideicommis et l’incorporation d’associations, application for creation or extension of a trust or an Act of incorporation

£50

Application

Greffier

44.     VUE DE JUSTICE –

 

 

 

(a)     Preparation of list of voyeurs or experts

£100

Record of service

Viscount

(b)     Service of summons on each voyeur or expert

£50

Record of service

Viscount


(c)     Viscount or Bailiff attending at Vue, each half day or part of a half day

£200

Record of service

Viscount

(d)     Each attendance by Viscount for which provision is not otherwise made

£50

Record of service

Viscount

(e)     Preparation and record of the Vue

At discretion of Viscount subject to a minimum of £200 and a maximum of £500

Record

Greffier

45.     VUE DE VICOMTE –

 

 

 

(a)     Preparation of list of experts

£50

Record

Viscount

(b)     Service of summons on each expert

£50

Record

Viscount

(c)     Viscount attending at Vue, each half day or part of a half day

£200

Record

Viscount

(d)     Each attendance for which provision is not otherwise made

£50

Record

Viscount

(e)     Record of the Vue

At discretion of Viscount subject to a minimum of £200 and a maximum of £500

Record

Viscount

46.     WILLS DEVISING IMMOVABLE PROPERTY (The person by whom the application is signed shall certify on the application the net value of the immovable property devised at the time of the death of the testator) –

 

 

 

(1)     Application for registration and furnishing copy of will to applicant, where the net value of the immovable property devised –

 

 

 

          (a)     Does not exceed £50,000

50p for each £100 or part of £100, subject to a minimum of £10

Application

Greffier

          (b)     Exceeds £50,000

£250 for the first £50,000, plus £1.00 for each £100 or part of £100 in excess thereof

Application

Greffier

(2)     In all cases under this item –

 

 

 

          (a)     in the case of a professional application, for each document registered

£50

Application

Greffier

          (b)     in any other case, for each document registered

£150

Application

Greffier

Provided that –

(A)    where the testator devises to his or her spouse a property which, at the time of the testator’s death, was their matrimonial home, the net value of that property shall be disregarded in determining the net value of the immoveable property devised;

(B)     where the will devises all the immovable property of the testator to those persons to whom the property would have passed on an intestacy and in the same shares, the fee shall be £5 per page subject to a minimum of £10; and

(C)     on the annulment of a will by the Court, the Greffier shall on application issue a certificate authorizing the Treasurer of the States to reimburse to the applicant the amount of the fee originally paid or so much thereof as the Greffier shall determine.

 


PART 2

FEES IN MATRIMONIAL CAUSES

Item

Stamp Duty

Chargeable Document

Designated Officer

1.       INSTITUTING PROCEEDINGS, to include the following steps –

(a)     filing petition to include all documents for service;

(b)     issuing and renewing Greffier’s certificate;

(c)     hearing an undefended cause

£180

The petition

Greffier

2.       FILING ANSWER TO PETITION or cross-petition

£100

The answer

Greffier

3.       HEARING DEFENDED CAUSE, for each half day or part of a half day

£300

The Billet

Greffier

4.       APPLYING FOR DECREE ABSOLUTE (to include issue of one copy)

£30

The application

Greffier

5.       ORIGINATING APPLICATION, SUMMONS OR NOTICE OF INTENTION TO PROCEED WITH APPLICATION FOR ANCILLARY RELIEF

 

 

 

(a)     filing summons, fixing date, signing copy for service for first appointment hearing

£50

The summons or notice

Greffier

(b)     contested final hearing –

 

 

 

          (i)      before the Greffier for each half day or part of a half day

At discretion of Greffier subject to a maximum of £100 in matters relating to children, and in all other cases a maximum of £200

The summons

Greffier

          (ii)      before the Court for each half day or part of a half day

£300

The summons

Greffier

6.       FILING NOTICE OF APPEAL against Registrar’s decision

£50

The Notice of Appeal

Greffier

7.       APPEALS, hearing by the Court of any appeal from an order of the Greffier, for each half day or part of a half day

£300

The Billet

Greffier

8.       COMMISSION FOR EXAMINATION OF WITNESSES ABROAD, issue of

£50

The application

Greffier

9.       LETTERS OF REQUEST –

 

 

 

(a)     for service of process out of Jersey

£50

The undertaking

Greffier

(b)     for the examination of witnesses abroad

£50

The undertaking

Greffier

10.     EVIDENCE –

 

 

 

(a)     taking of in writing by Viscount, for each half day or part or a half day

£200

The deposition

Greffier

(b)     Copy of transcript of, for each page

£6

Transcript

Greffier

11.     SERVICE OR ATTEMPTED SERVICE BY VISCOUNT, each party served (or attempted to serve)

At discretion of Viscount subject to a maximum of £100

The record

Viscount

12.     TAXING BILL OF COSTS, for each half hour

£37.50

The bill

Greffier

13.     COPY Decree Nisi, Decree Absolute or other Act of Court, Memorandum of Agreement or other document, for each Act or document

£15

Copy

Greffier


PART 3

PROBATE FEES

Item

Stamp Duty

Chargeable Document

Designated Officer

1.       ACTIONS –

 

 

 

(a)     Billet à la Table or Billet au Greffe, first Billet in the cause

£50

Billet in the cause

Greffier

(b)     Where the court fixes a special day for the hearing or trial the following additional fee shall be paid, for each half day or part of a half day

£300

Billet in the cause

Greffier

2.       CAVEATS, for the entry or renewal of a caveat

£50

Caveat

Greffier

3.       COPIES –

 

 

 

(a)     Photographic copies, for each sheet photographed

£1

Copy

Greffier

(b)     Typewritten or written copies, for each page

£10

Copy

Greffier

(c)     Sealed and certified copies

£25

Copy

Greffier

4.       DOCUMENT (including will) lodged au Greffe, for each document

£50

Document

Greffier

5.       EVIDENCE –

 

 

 

(a)     taken in writing before the Viscount, for each half day or part of a half day

£200

Deposition

Viscount

(b)     Copy of transcript of, for each page

£6

Transcript

Viscount

6.       ORDER OF JUSTICE, signature of Bailiff

£50

Order of justice

Bailiff

7.       APPLICATIONS, for drawing up, perusing and settling and administering oaths, affidavits or other documents in addition to the stamp duty chargeable under item 9 of this Part

At discretion of Greffier subject to a maximum of £300

Oath

Greffier

8.       INTERVENTIONS OR OPPOSITIONS in a probate action

£50

Intervention or opposition

Greffier

9.       PROBATE OR LETTERS OF ADMINISTRATION –

 

 

 

(1)     if the net value of the personal estate is sworn –

 

 

 

          (a)     Not to exceed £10,000

no fee

Oath leading to the grant

Greffier

          (b)     Not to exceed £100,000

£50 for each £10,000 or part of £10,000

Oath leading to the grant

Greffier

          (c)     To exceed £100,000 but not to exceed £13,360,000

£500 in respect of the first £100,000, plus £75 for each additional £10,000 or part thereof

Oath leading to the grant

Greffier

          (d)     To exceed £13,360,000

£100,000

Oath leading to the grant

Greffier

(2)     in all cases under this item –

 

 

 

          (a)     in the case of a professional application, for each document registered under this item

£50

Oath leading to the grant

Greffier

          (b)     in any other case, for each document registered under this item

£150

Oath leading to the grant

Greffier

10.     REPRESENTATIONS TO THE COURT –

 

 

 

(a)     Presentation to the Court of

£50

Represent-ation

Greffier

(b)     Where the Court fixes a special day for the hearing, for each half day or part of a half day

£300

Represent-ation

Greffier

11.     SEARCHES in the Probate Registry, for each half hour

£25

Such document as the Greffier may determine

Greffier

12.     SUMMONSES –

 

 

 

(a)     Summoning or attempting to summon a party, and record

£50

Instructions given to the Viscount

Viscount

(b)     Summoning a witness, and record

£50

Instructions given to the Viscount

Viscount

13.     TRUST CORPORATIONS, authorization of

£500

Such document as the Greffier may determine

Greffier

14.     VISCOUNT AS ADMINISTRATOR –

 

 

 

(a)     Attendances to obtain particulars of the estate and attendances with the Greffier to obtain administration, for each half day or part of a half day

£200

Such document as the Viscount may determine

Viscount

(b)     Preparation of the inventory, for each half day or part of a half day

£100

Such document as the Viscount may determine

Viscount

(c)     Administration of the estate –

 

 

 

          (i)      commission on the gross nature of the personal estate –

 

 

 

                        on the first £5,000

10%

Such document as the Viscount may determine

Viscount

                        on the next £5,000

8%

Such document as the Viscount may determine

Viscount

                        on the next £10,000

4%

Such document as the Viscount may determine

Viscount

                        on the balance in excess of £20,000

2%

Such document as the Viscount may determine

Viscount

          (ii)      commission on all monies paid or distributed

2½%

Such document as the Viscount may determine

Viscount

(d)     Attendances of the Viscount not provided above, for each half day or part of a half day

£200

Such document as the Viscount may determine

Viscount

15.     VISCOUNT IN POSSESSION PENDENTE LITE

Such fees and percentages as may be determined by the Royal Court in each particular case

Such document as the Viscount may determine

Viscount

 

 

 

 

 

 


 



[1] Recueil des Lois, Volume 1998, page 106.

[2] Recueil des Lois, Volume 1998, page 113, Nos. 9369 and 9441 and Volume 2003, page 232.


Page Last Updated: 24 Sep 2015