LegalizeThe High Court of Justiciary Fees Order 2018
Made: 23rd February 2018
Laid before the Scottish Parliament: 27th February 2018
Coming into force in accordance with article 1
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Citation, commencement and effect
1
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Fees payable in the High Court of Justiciary
2
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Exemption of certain persons from fees: legal aid
3
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Exemption of certain persons from fees: social security
4
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Revocation
5
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SCHEDULE 1 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00011] £ |
|---|---|---|
| 1. Petitions to the nobile officium and applications for criminal letters (inclusive fee covering all steps in procedure). | 109 | 107 |
| 2. Certified copy of any document other than an extract conviction. | 19 | 18 |
| 3. Recording, engrossing, printing or copying of all documents (exclusive of search fee)— | ||
| by photocopying or otherwise producing a printed or typed copy— | ||
| each document, up to 10 pages; | 7 | 6 |
| each further page or part thereof in excess of 10 pages; | 0.50 | 0.50 |
| for a copy of each document in electronic form. | 7 | 6 |
| 4. Any search of records or archives, per 30 minutes or part thereof. | 13 | 12 |
| In addition, correspondence fee where applicable. | 13 | 12 |
| 5. Petition for removal of disqualification from driving. | 91 | 89 |
SCHEDULE 2 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00012] £ |
|---|---|---|
| 1. Petitions to the nobile officium and applications for criminal letters (inclusive fee covering all steps in procedure). | 111 | 109 |
| 2. Certified copy of any document other than an extract conviction. | 19 | 19 |
| 3. Recording, engrossing, printing or copying of all documents (exclusive of search fee)— | ||
| by photocopying or otherwise producing a printed or typed copy— | ||
| each document, up to 10 pages; | 7 | 7 |
| each further page or part thereof in excess of 10 pages; | 0.50 | 0.50 |
| for a copy of each document in electronic form. | 7 | 7 |
| 4. Any search of records or archives, per 30 minutes or part thereof. | 13 | 13 |
| In addition, correspondence fee where applicable. | 13 | 13 |
| 5. Petition for removal of disqualification from driving. | 93 | 91 |
SCHEDULE 3 — TABLE OF FEES
| Column 1 (Matters) | Column 2 (Fee payable) £ | Column 3 (Fee formerly payable)[^f00013] £ |
|---|---|---|
| 1. Petitions to the nobile officium and applications for criminal letters (inclusive fee covering all steps in procedure). | 113 | 111 |
| 2. Certified copy of any document other than an extract conviction. | 19 | 19 |
| 3. Recording, engrossing, printing or copying of all documents (exclusive of search fee)— | ||
| by photocopying or otherwise producing a printed or typed copy— | ||
| each document, up to 10 pages; | 7 | 7 |
| each further page or part thereof in excess of 10 pages; | 0.50 | 0.50 |
| for a copy of each document in electronic form. | 7 | 7 |
| 4. Any search of records or archives, per 30 minutes or part thereof. | 13 | 13 |
| In addition, correspondence fee where applicable. | 13 | 13 |
| 5. Petition for removal of disqualification from driving. | 95 | 93 |
Signed
ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 2018-02-23
Explanatory note
(This note is not part of the Order)
EXPLANATORY NOTE
This Order makes provision for the fees payable in the High Court of Justiciary, to the Principal Clerk of Justiciary or any other officer acting for the Principal Clerk.
Article 2 and schedules 1 to 3 specify fee levels payable in the High Court of Justiciary in respect of certain matters.
- The fee levels for the period from 25th April 2018 until 31st March 2019 are given effect by the Table of Fees in schedule 1.
- The fee levels for the period from 1st April 2019 until 31st March 2020 are given effect by substituting the Table of Fees in schedule 1 with the Table of Fees in schedule 2.
- The fee levels from 1st April 2020 onwards are given effect by substituting the Table of Fees in schedule 2 with the Table of Fees in schedule 3.
Article 2 (3) provides that fees are not to be payable by the Crown in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.
Article 2 (4) provides that the Principal Clerk of Justiciary or any other officer acting for the Principal Clerk is not required to do any act in connection with the matter specified in relation to that fee without either prior payment of the fee or entering into an arrangement for payment of the fee.
Articles 3 and 4 exempt certain persons from payment of fees.
Article 5 revokes the High Court of Justiciary Fees Order 2015.
A Business and Regulatory Impact Assessment has been prepared for this Order and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.
Footnotes
[^f00001]: 2014 asp 18. The definition of “relevant officer” in section 107(3) was amended by S.S.I. 2016/387.
[^f00002]: 1986 c.47. Section 13(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 74 and schedule 8, paragraph 36(3).
[^f00003]: 1992 c.4. Section 124, which provides for income support, was amended by the Jobseekers Act 1995 (c.18), section 41 and schedules 2 and 3; the Welfare Reform and Pensions Act 1999 (c.30), section 70 and schedule 8, Part IV, paragraph 28; the State Pension Credit Act 2002 (c.16), schedules 2 and 3; the Civil Partnership Act 2004 (c.33), schedule 24; the Welfare Reform Act 2007 (c.5), schedules 3 and 8; the Welfare Reform Act 2009 (c.24), section 3; and the Welfare Reform Act 2012 (c.5), schedule 14.
[^f00004]: 1995 c.18.
[^f00005]: 2002 c.16.
[^f00006]: 2002 c.21. Section 3(5A) was substituted for section 3(5) to (6) by the Civil Partnership Act 2004, schedule 24, paragraph 144(3).
[^f00007]: 2007 c.5.
[^f00008]: 2012 c.5.
[^f00009]: 2015 asp 5.
[^f00010]: S.S.I. 2015/262, amended by S.S.I. 2016/332.
[^f00011]: Column 3 shows the fees which were payable by virtue of schedule 3 of S.S.I. 2015/262 (as substituted by schedule 2 of S.S.I. 2016/332) immediately before the coming into force of this schedule.
[^f00012]: Column 3 shows the fees which were payable by virtue of schedule 1 of this Order immediately before the coming into force of this schedule.
[^f00013]: Column 3 shows the fees which were payable by virtue of schedule 2 of this Order immediately before the coming into force of this schedule.
Editorial notes
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