The Court of Session etc. Fees Amendment Order 1988

Made: 25th April 1988

Laid before Parliament: 10th May 1988

Coming into force: 1st June 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 Order 1988 and shall come into force on 1st June 1988.

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 (No. 2) Order 1987[^f00003]is 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—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 iterm 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 (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 appearance in a cause of proceeding

6

Special case—

• (a) Where two parties only

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

10

Reclaiming motion—fee payable by party enrolling motion

11

Closed record—fee payable by ech party on the lodging of the closed record

4A

For granting consent in terms of section 2(4) of the Trusts (Scotland) Act 1961[^f00008]

12

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

• basic fee

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:—

• basic fee

19

For attendance at meetings of creditors:—

• fee per person per hour or part thereof, including travelling time

20

For work in relation to protected trust deeds

21

For lodging consignation

22

For producing or delivering up:

• basic fee

23

For receiving and uplifting bond of caution

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 12th April 1988

We concur,

David Lightbown — Michael Neubert — Two of the Lords Commissioners of Her Majesty’s Treasury — 25th April 1988

Explanatory note

(This note is not part of the Order)

This Order increases most of the fees payable to the Principal Clerk of Session and Justiciary or any officer acting for him in relation to proceedings in the Court of Session and the specialised courts. Apart from the increase of fees, certain new fees have been introduced to the Table of Fees as follows—

• (a) paragraphs B10 and C11-new fees for reclaiming motions;

• (b) paragraph B11-a new fee for closed records; and

• (c) paragraph C2-a new fee for petitions presented outwith normal office hours.

In addition to the above new fees, paragraphs B5 and C4 extend the scope for charging a fee in relation to a defender’s or respondent’s participation in a process and paragraph J6 incorporates the subscription to the Rolls of Court.

The previous Order increasing fees is 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. 1987/771

[^f00003]: S.I. 1987/771

[^f00004]: Column 3 shows the fees which were payable under S.I. 1987/771 before the coming into force of this Order.

[^f00005]: 1982 c. 27.

[^f00006]: 1913 c. 20.

[^f00007]: 1868 c. 54.

[^f00008]: 1961 c. 57; section 2 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) 1980 (c. 55), section 8.