UK Parliament / Open data

Non-Contentious Probate (Fees) Order 2018

Debates on delegated legislation on Tuesday, 18 December 2018, in the House of Lords, led by Lord Keen of Elie. The answering members were Lord Beecham and Lord Marks of Henley-on-Thames.
Lords motion to approve. Amendment debated and disagreed to on division (90 votes to 187). Further amendment agreed to on division (186 votes to 161). Original motion, as amended, agreed to.

About these Parliamentary proceedings

Reference

794 cc1722-1747 

Session

2017-19

Department

Ministry of Justice

Procedure

Government defeats

Chamber / Committee

House of Lords chamber
Non-Contentious Probate (Fees) Order
Monday, 5 November 2018
Statutory instruments
House of Lords
House of Commons

Proceeding contributions

Lord Keen of Elie | 794 cc1722-6 (Link to this contribution)

My Lords, the title is instructive: “Non-contentious”. The purpose of the draft order before us t...

Lord Marks of Henley-on-Thames | 794 c1726 (Link to this contribution)

Moved by

Lord Marks of Henley-on-Thames


Show all contributions (32)
Lord Marks of Henley-on-Thames | 794 cc1726-9 (Link to this contribution)

My Lords, my amendment is fatal, and I do not move it lightly. The Government propose to increase...

Baroness Garden of Frognal | 794 c1729 (Link to this contribution)

My Lords, I should inform the House that if this amendment is agreed to, I cannot call the amendm...

Lord Beecham | 794 cc1729-1731 (Link to this contribution)

My Lords, I begin by declaring an interest in the subject of this debate, albeit a posthumous one...

Baroness Meacher | 794 cc1731-3 (Link to this contribution)

My Lords, I speak in support of the amendment in the name of the noble Lord, Lord Marks, to the s...

Lord Hunt of Wirral | 794 c1733 (Link to this contribution)

I declare my interests as set out in the register, particularly my having been a practising solic...

Baroness Meacher | 794 c1733 (Link to this contribution)

Does the noble Lord accept that under the Government’s own guidance this will in fact be a tax, a...

Lord Hunt of Wirral | 794 c1733 (Link to this contribution)

No doubt the Minister will give a more considered reply, but I certainly do not regard it as a ta...

Lord Deben | 794 c1734 (Link to this contribution)

I genuinely ask out of misunderstanding: surely the point about probate fees is that you have to ...

Lord Hunt of Wirral | 794 c1734 (Link to this contribution)

I can think of many other court situations; I anticipate that my noble friend the Minister will h...

Lord Brown of Eaton-under-Heywood | 794 cc1734-5 (Link to this contribution)

My Lords, this order relies above all on Section 180 of the Anti-social Behaviour, Crime and Poli...

Baroness Hamwee | 794 c1735 (Link to this contribution)

My Lords, I too declare an interest, as a solicitor. I have not practised for some time, so I wil...

Baroness Browning | 794 cc1735-6 (Link to this contribution)

My Lords, I agree with much of what has been said this afternoon. In my mind, this enhanced fee i...

Lord Pannick | 794 cc1736-7 (Link to this contribution)

My Lords, there are two aspects to this debate. There is the suggestion that these regulations ar...

Baroness Hamwee | 794 c1737 (Link to this contribution)

The noble Lord has construed parts of Section 180; I think he has got it in front of him because ...

Lord Pannick | 794 c1738 (Link to this contribution)

I am grateful to the noble Baroness for her observation. My answer to the noble Baroness is that,...

Lord Hodgson of Astley Abbotts | 794 cc1738-9 (Link to this contribution)

My Lords, I am not a lawyer. I have never applied for probate, I know nothing about the operation...

Lord Sharkey | 794 cc1739-1740 (Link to this contribution)

My Lords, I will not join in the discussion about what is or is not a Conservative principle, but...

Lord Judge | 794 cc1740-1 (Link to this contribution)

My Lords, I want to say just a little since the noble Lord, Lord Pannick, has dealt with the law ...

Lord Faulks | 794 cc1741-2 (Link to this contribution)

My Lords, the 2014 Act was passed by Parliament when there was a coalition Government in power. I...

Lord Northbrook | 794 c1742 (Link to this contribution)

My Lords, clearly, after an hour and 20 minutes, this non-contentious probate order is misnamed. ...

Lord Garnier | 794 c1742 (Link to this contribution)

Surely the point therefore is to take on board the point made by the noble and learned Lord, Lord...

Lord Northbrook | 794 c1743 (Link to this contribution)

I thank my noble and learned friend. Obviously tackling the primary legislation would be quite a ...

Lord Mackay of Clashfern | 794 cc1743-4 (Link to this contribution)

My Lords, noble Lords will not be surprised to hear that I have been in this area before. Indeed,...

Baroness Altmann | 794 c1744 (Link to this contribution)

My Lords, I understand the concerns expressed by noble Lords, but I also believe that these measu...

Lord Keen of Elie | 794 cc1745-6 (Link to this contribution)

My Lords, I am obliged to all parts of the House for contributions to the debate on this order. T...

Lord Beecham | 794 c1746 (Link to this contribution)

How does the Minister reconcile the position the Government have taken with the guidance to depar...

Lord Keen of Elie | 794 c1746 (Link to this contribution)

There is clear statutory authority for the fixing of these fees in order that there can be an ele...

Lord Marks of Henley-on-Thames | 794 cc1746-7 (Link to this contribution)

My Lords, the Minister put his case, supported by other noble Lords, on the basis that these prob...

Lord Beecham | 794 c1747 (Link to this contribution)

My Lords, I beg leave to test the opinion of the House on the amendment in my name.

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