The Court of Session etc. Fees Amendment Order 1989

Made: 21st February 1989

Laid before Parliament: 9th March 1989

Coming into force: 1st April 1989

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 1989 and shall come into force on 1st April 1989.

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 1988[^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

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

3

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)

4

Simplified divorce application (inclusive of all procedure other than that specified in item B5 of this table)

5

In relation to a simplified divorce application, citation of any person under rule 159(1)(a) or (b), as read with rule 1701, 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 1701, of those Rules, where such intimation is required by the court

6

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

7

Special case

• (a) Where two parties only

8

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

9

Letter of request to a foreign court

10

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

11

Reclaiming motion—fee payable by party enrolling motion

12

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

1

Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 of this table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgement from a Contracting State under the Civil Jurisdiction and Judgement Acts 1982[^f00005]

2

Additional fee payable when a petition in terms of item C1 of this table is presented outwith normal office hours

3

Petition to be admitted as a notary public:

• (a) Where there is one applicant

4

Answers, objections 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 proceeding to which item C1 of this table applies

5

Caveat

6

Fiat

7

Registering office copies of orders of courts in England amd Wales or Northern Ireland

8

Authentication by judge of act of warrant in terms of section 70 of the Bankruptcy (Scotland) Act 1913[^f00006]

9

Issue of an abbreviate in sequestration

10

Reclaiming motion—fee payable by party enrolling motion

1

Parliamentary election petition

2

Statement of matters

3

Any other petition, application, answers or objections submitted to the court

4

Certificate of judgement

1

Appeal—inclusive fee

2

Answers—inclusive fee

1

Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

2

Extract of admission as a solicitor

3

Extract of protestation

4

Certificate under the Civil Jurisdiction and Judgments Act 1982

5

Documentation evidencing divorce, nullity or dissolution of marriage

• (a) Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this table

6

Extract from the Register of Acts and Decrees—per sheet of 250 words

7

Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

1

For registering ease and receiving and delivering up bond of caution—

• in Court of session appointments

2

For examining factor’s inventory—

• 0.333% of the value of the estate as disclosed

• minimum fee payable

3

For auditing each account—

• basic fee

4

For reporting re discharge, special powers or on other special matters

4A

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

5

For report on scheme of division—

• basic fee

6

For certificate under seal

7

For application for inclusion in the list of interim trustees

8

• (a) For registering award of sequestration and interim trustee’s appointment

9

For supervising proceedings in sequestration—

• percentage fee on amount to be divided amongst preferred and ordinary creditors

10

For any special report to court

11

For considering and issuing deliverances in appeal against trustee’s commission—

• basic fee

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 meeting 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

1

Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:

• under £50

1

Certified copy of proceedings for appeal to the House of Lords

2

Certificate of any other document (plus copying charges if necessary)

3

Recording, engrossing, extracting or copying—all documents:

• (a) By manuscript or typescript—per sheet of 250 wpords

4

Searches-for any search of records or archives:

• (a) For first half hour of time taken

5

Captions:

• (a) Marking caption when ordered

6

Rolls of Court—annual subscription fee per copy including delivery of same

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 15th February 1989

We concur,

David Maclean — Kenneth Carlisle — Two of the Lords Commissioners of Her Majesty’s Treasury — 21st February 1989

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.

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. 1988/799 and 1892.

[^f00003]: S.I. 1988/799

[^f00004]: Column 3 shows the fees which were payable under S.I. 1984/256 as amended by S.I. 1988/799 and 1892 before the coming into force of this Order.

[^f00005]: 1982 c. 27.

[^f00006]: 1913 c. 20.

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