The Court of Session Etc. Fees Amendment (No.3) Order 1988

Made: 31st October 1988

Laid before Parliament: 9th November 1988

Coming into force: 30th November 1988

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.3) Order 1988 and shall come into force on 30th November 1988.

2

Article 4 of the Court of Session Etc. Fees Order 1984( [^f00002]) shall be amended by adding at the end the following paragraph:—

(2) No fees shall be payable by a debtor in connection with any proceedings under the Debtors (Scotland) Act 1987( [^f00003]).

3

In the table of fees in the Schedule to the Court of Session Etc. Fees Order 1984—

• (1) Items B2 to B11 shall be renumbered B3 to B12;

• (2) there shall be inserted immediately after item B1

• (i) in Column I (Matters)—

(2) Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a cause or proceeding other than a consistorial cause.

• (ii) in Column 2 (Fee payable)—

£45

; and

• (iii) in Column 3 (Fee formerly payable)—

£40

• (3) The renumbered item B6 shall be amended as follows:—

• (i) in Column 1 by deleting the words “cause or proceeding” and substituting the words “consistorial cause” , and

• (ii) in Column 2 by deleting “ £45” and substituting “ £40” .

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 26th October 1988 We concur,

David Lightbown — David Maclean — Two of the Lords Commissioners of Her Majesty’s Treasury — 31st October 1988

Explanatory note

(This note is not part of the Order)

This Order reduces the fee payable to the Principal Clerk of Session and Justiciary for defending a consistorial action to the same level as that prescribed for commencing the action.

This Order provides that no fees are payable by a debtor for proceedings under the Debtors (Scotland) Act 1987.

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; the relevant amending instrument is S.I. 1988/799

[^f00003]: 1987 c. 18