LegalizeThe Scottish Land Court (Fees) Amendment Rules 1987
Made: 26th March 1987
Coming into force: 4th May 1987
The Scottish Land Court, in exercise of the powers conferred by section 29 of the Crofters Holdings (Scotland) Act 1886([^f00001]), and now vested in them([^f00002]), and of all other powers enabling them in that behalf, and with the approval of the Treasury, hereby make the following Rules:
1
These Rules may be cited as the Scottish Land Court (Fees) Amendment Rules 1987 and shall come into force on 4th May 1987.
2
For the Table of Fees contained in Appendix 1 to the Scottish Land Court Rules 1979([^f00004]) there shall be substituted the Table of Fees set out in the Schedule to these Rules.
3
The Scottish Land Court (Fees) Amendment Rules 1983([^f00005]) are hereby revoked.
SCHEDULE — TABLE OF FEES CHARGEABLE BY AND PAYABLE TO THE COURT
| Fee payable | Fee formerly payable([^f00006]) | |
|---|---|---|
| £ | £ | |
| 1 Small Landholders (Scotland) Acts 1886 to 1931, Crofters (Scotland) Acts 1955 and 1961([^f00007]) and Crofting Reform (Scotland) Act 1976([^f00008]) | ||
| a Application for a Record of a holding or a croft | ||
| Principal application (each applicant) | 20.00 | 10.00 |
| For each respondent | 4.00 | 2.00 |
| b Recording agreements for loan by– | ||
| i the Department of Agriculture and Fisheries for Scotland and | ||
| ii the Highlands and Islands Development Board | ||
| Each agreement | 10.00 | 5.00 |
| c Other applications | ||
| Principal application (each crave) | 4.50 | 4.00 |
| When more than one applicant (each applicant) | 4.50 | 4.00 |
| For each respondent | 1.00 | 1.00 |
| d Appeals and motions for rehearing | ||
| Each appellant or motioner | 4.50 | 4.00 |
| Each respondent | 1.00 | 1.00 |
| 2 Sheep Stocks Valuation (Scotland) Act 1937([^f00009]) and Hill Farming Act 1946([^f00010]) | ||
| a Valuation of sheep stocks | ||
| Awards not exceeding £100 | 5.00 | 5.00 |
| Awards exceeding £100:– | ||
| For the first £100 thereof | 5.00 | 5.00 |
| For every additional £100 or part thereof | 2.00 | 2.00 |
| Where application dismissed or withdrawn before valuation | 20.00 | 15.00 |
| b Determination of questions under sections 5 and 39(1)(b) of the Hill Farming Act 1946 | ||
| Principal application | 20.00 | 15.00 |
| For each respondent | 7.50 | 5.00 |
| c Appeals and motions for rehearings | ||
| Each appellant or motioner | 21.00 | 20.00 |
| 3 Agriculture (Scotland) Act 1948([^f00011]), Agricultural Holdings (Scotland) Act 1949([^f00012]), Agriculture Act 1958([^f00013]), Agriculture (Miscellaneous Provisions) Act 1968([^f00014]) and Agricultural Holdings (Amendment) (Scotland) Act 1983([^f00015]j) | ||
| a Arbitrations as to rents | ||
| Rental as fixed by Court, not exceeding £500 | 50.00 | 10.00 on fixed rental not exceeding £100 |
| Rental as fixed by court exceeding £500:– | ||
| For the first £500 | 50.00 | 10.00 on fixed rental not exceeding £100 |
| For every additional £100 or part thereof | 7.50 | 5.00 for every additional £100 or part thereof exceeding £100 |
| Where application dismissed or withdrawn before compensation fixed | 45.00 | 15.00 |
| b Appeals against award by an arbiter | ||
| Fee payable on lodging appeal | 45.00 | - |
| Rental as fixed by court not exceeding £500 | 25.00 | - |
| Rental as fixed by court exceeding £500:– | ||
| For the first £500 | 25.00 | - |
| For every additional £100 or part thereof | 3.00 | - |
| c Claims for compensation | ||
| Awards not exceeding £100 | 10.00 | 10.00 |
| Awards exceeding £100:– | ||
| For the first £100 thereof | 10.00 | 10.00 |
| For every additional £100 or part thereof | 5.00 | 5.00 |
| Where application dismissed or withdrawn before compensation fixed | 20.00 | 15.00 |
| d Other Applications | ||
| Principal application (each crave) | 30.00 | 25.00 |
| When more than one applicant (each applicant) | 30.00 | 25.00 |
| For each respondent | 15.00 | 10.00 |
| e Hearings | ||
| For every day the court sits beyond the first day of a hearing | 40.00 | 35.00 |
| f Appeals and motions for rehearing | ||
| Each appellant, or motioner for rehearing | 21.00 | 20.00 |
| 4 Miscellaneous | ||
| a For making a copy or copies of the principal application or any part of it, or any order in it, or any original deed, writ, or document in process | ||
| For each sheet | 0.75 | 0.70 |
| For certifying such copy | 4.00 | 3.00 |
| b Applications not otherwise specified | ||
| Principal application (each crave) | 30.00 | 15.00 |
| When more than one applicant (each applicant) | 30.00 | 15.00 |
| For each respondent | 15.00 | 5.00 |
Signed
Sealed with the Common Seal of the Scottish Land Court
W.A. Elliott — Duncan D. McDiarmid — A.B. Campbell — R. MacDonald — 18th March 1987
We approve,
Michael Neubert — Tim Sainsbury — Two of the Lords Commissioners of Her Majesty’s Treasury — 26th March 1987
Explanatory note
(This note is not part of the Rules)
These Rules amend the Table of Fees in the Scottish Land Court Rules 1979 for two purposes–
- (1) to increase (with some exceptions) the fees payable in respect of applications to the Scottish Land Court; and
- (2) to impose, at paragraph (3)(b), for the first time, fees in respect of appeals against awards by arbiters.
The Rules also revoke the Scottish Land Court (Fees) Amendment Rules 1983.
Footnotes
[^f00001]: 1886 c. 29; section 29 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), Schedule 1, paragraph 6.
[^f00002]: By the Small Landholders (Scotland) Act 1911 (c. 49), section 28(1).
[^f00004]: S.I. 1979/379, amended by S.I. 1983/1058.
[^f00005]: S.I. 1983/1058.
[^f00006]: This column shows the fees formerly payable under the Scottish Land Court Rules 1979 as amended by S.I. 1983/1058.
[^f00007]: 1955 c. 21 and 1961 c. 58.
[^f00008]: 1976 c. 21.
[^f00009]: 1937 c. 34.
[^f00010]: 1946 c. 73.
[^f00011]: 1948 c. 45.
[^f00012]: 1949 c. 75.
[^f00013]: 1958 c. 71.
[^f00014]: 1968 c. 34.
[^f00015]: 1983 c. 46.
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