The Court of Session etc. Fees Amendment (No.2) Order 1987

Made: 23rd April 1987

Laid before Parliament: 8th May 1987

Coming into force: 1st June 1987

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895([^f00001]), and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

1

This Order may be cited as the Court of Session etc. Fees Amendment (No. 2) Order 1987 and shall come into force on 1st June 1987.

2

For the Table of Fees in the Schedule to the Court of Session etc. Fees Order 1984([^f00002]) there shall be substituted the Table of Fees set out in the Schedule to this Order.

3

The Court of Session etc. Fees Amendment Order 1986([^f00009]) and the Court of Session etc. Fees Amendment Order 1987([^f00010]) are hereby revoked.

SCHEDULE — TABLE OF FEES

1

Appeal, summons, or other writ or step by which any cause, or proceeding, other than consistorial, is originated in either the Inner or Outer House –inclusive fee (to comprehend signeting in normal office hours)

2

Writ by which a consistorial cause is originated (other than a simplified divorce application) - inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this table, and to the defender, if appropriate, of a duplicate thereof)

3

Simplified divorce application (inclusive of all procedure other than that specified in item B4 of this table)

4

In relation to a simplified divorce application, citation of any person under rule 159(1)(a) or (b), as read with rule 170I, of the Rules annexed to the Act of Sederunt (Rules of Court, consolidation and amendment) 1965, or intimation to any person or persons under the said rule 159(1)(a) or (b) as applied by rule 160(1), all as read with rule 170I, of those Rules, where such intimation is required by the court

5

Defences, answers or other writ or step in process by which a party other than an originating party first makes appearance in a cause or proceeding - inclusive fee

6

Special case –

7

Minute by either party for variation of an order in a consistorial cause

8

Letter of request to a foreign court

9

Citation of each jury, to include outlays incurred in citing and countermanding – payable on receipt of instructions for issue of precept

4A

For granting consent in terms of section 2(4) of the Trusts (Scotland) Act 1961([^f00007])

10

For any special report to court

11

For considering and issuing deliverance in appeal against trustee’s commission:–

12

For auditing the accounts and fixing the commission of interim trustees, permanent trustees and trustees under voluntary trust deeds:–

13

For examination of the sederunt book and related work

14

For granting certificate of discharge to interim trustee

15

For granting certificate of discharge to debtor

16

For report on bankrupt’s petition for discharge

17

• (a) For any consent in sequestration, other than is referred to at paragraph (b) below

18

For calling meetings of creditors:–

19

For attendance at meeting of creditors:–

20

For work in relation to protected trust deeds

21

For lodging consignation

22

For producing or delivering up:

23

For receiving and uplifting bond of caution

Signed

Ian Lang — Parliamentary Under Secretary of State, Scottish Office — 7th April 1987

We concur,

Tim Sainsbury — Mark Lennox-Boyd — Two of the Lords Commissioners of Her Majesty’s Treasury — 23rd April 1987

Explanatory note

(This note is not part of the Order)

This Order increases most of the fees which may be charged in the offices of the Court of Session for proceedings in the Court of Session and the specialised courts. Previous Orders increasing fees are revoked.

Footnotes

[^f00001]: 1895 c. 14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12).

[^f00002]: S.I. 1984/256, amended by S.I. 1986/450 and 1987/38.

[^f00003]: Column 3 shows the fees which were payable under S.I. 1986/450 and 1987/38 before the coming into force of this Order.

[^f00004]: 1982 c. 27.

[^f00005]: 1913 c. 20.

[^f00006]: 1868 c. 54.

[^f00007]: 1961 c. 57; section 2 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), section 8.

[^f00008]: 1913 c. 20.

[^f00009]: S.I. 1986/450.

[^f00010]: S.I. 1987/38.