LegalizeThe Scottish Land Court (Fees) Order 1990
Made: 5th March 1990
Laid before Parliament: 9th March 1990
Coming into force: 1st April 1990
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 Scottish Land Court (Fees) Order 1990 and shall come into force on 1st April 1990.
2
- (1) This Order shall regulate the fees payable in respect of proceedings before the Scottish Land Court.
- (2) The fees regulated by this Order shall be payable to the Principal Clerk of the Scottish Land Court or any officer acting for him.
Fees Payable
3
The fees payable in respect of the matters specified in column 1 of the table of fees in the Schedule to this Order shall be the fees specified in relation to those matters in column 2 of that table (the fees formerly payable being shown in column 3 of that table).
4
The Scottish Land Court (Fees) Order 1989[^f00002] is hereby revoked.
SCHEDULE — TABLE OF FEES
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| Matters | Fee payable | Fee formerly payable[^f00003] |
| £ | £ | |
| 1 Small Landholders (Scotland) Acts 1886 to 1931, Crofters (Scotland) Acts 1955 and 1961[^f00004] and Crofting Reform (Scotland) Act 1976[^f00005] | ||
| a Application for a Record of a holding or a croft | ||
| Principal application (each applicant) | 43.00 | 40.00 |
| For each respondent | 6.00 | 5.00 |
| 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 | 40.00 | 20.00 |
| c Other applications | ||
| Principal application | 16.00 | 15.00 |
| When more than one applicant (each additional applicant) | 11.00 | 10.00 |
| For each respondent | 3.00 | 2.00 |
| d Appeals and motions for rehearing | ||
| Each appellant or motioner | 25.00 | 20.00 |
| Each respondent | 3.00 | 2.00 |
| e Hearing and Inspection fee payable by applicant in rental applications. For each day or part thereof the Court sits or inspects | 40.00 | 25.00 |
| f Hearing and Inspection fee payable by Applicant in all other applications. For each day or part thereof the Court sits or inspects | 40.00 | 25.00 |
| g Additional fee | ||
| Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party, but before the commencement of the hearing – payable by the applicant | 40.00 | — |
| 2 Sheep Stocks Valuation (Scotland) Act 1937[^f00006] Hill Farming Act 1946[^f00007], Agriculture (Scotland) Act 1948[^f00008], Agricultural Holdings (Scotland) Act 1949[^f00009], Agriculture Act 1958[^f00010], Agriculture (Miscellaneous Provisions) Act 1968[^f00011] and Agricultural Holdings (Amendment) (Scotland) Act 1983[^f00012] and Agriculture Act 1986[^f00013] | ||
| a Valuation of sheep stocks | ||
| Awards not exceeding £100 | 6.00 | 5.00 |
| Awards exceeding £100: | ||
| For the first £100 thereof | 6.00 | 5.00 |
| For every additional £100 or part thereof | 3.00 | 2.00 |
| Where application dismissed or withdrawn before valuation | 60.00 | 50.00 |
| b Determination of questions under sections 5 and 39(1)(b) of the Hill Farming Act 1946 | ||
| Principal application | 60.00 | 30.00 |
| For each respondent | 25.00 | 10.00 |
| c Arbitrations as to rents | ||
| Rental as fixed by Court, not exceeding £500 | 50.00 | 50.00 |
| Rental as fixed by Court exceeding £500: | ||
| For the first £500 | 50.00 | 50.00 |
| For every additional £100 or part thereof | 7.50 | 7.50 |
| Where application dismissed or withdrawn before rent fixed | 60.00 | 50.00 |
| d Appeals against award by an arbiter | ||
| Fee payable on lodging appeal | 50.00 | 50.00 |
| Rental as fixed by Court not exceeding £500 | 25.00 | 25.00 |
| Rental as fixed by Court exceeding £500: | ||
| For the first £500 | 25.00 | 25.00 |
| For every additional £100 or part thereof | 3.00 | 3.00 |
| Where application dismissed or withdrawn before rent fixed | 60.00 | — |
| e 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 | 60.00 | 50.00 |
| f Other Applications | ||
| Principal application | 60.00 | 50.00 |
| When more than one applicant (each additional applicant) | 30.00 | 30.00 |
| For each respondent | 25.00 | 20.00 |
| g Appeals and motions for rehearing | ||
| Each appellant, or motioner for rehearing | 30.00 | 25.00 |
| h Hearings | ||
| For every day the Court sits or part thereof – payable by the applicant | 75.0040.00 | |
| i Additional fee | ||
| Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party, but before the commencement of the hearing – payable by the applicant | 60.00 | 50.00 |
| 3 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 | 0.80 | 0.80 |
| For certifying such copy | 5.00 | 5.00 |
| b Applications not otherwise specified | ||
| Principal application | 60.00 | 50.00 |
| When more than one applicant (each additional applicant) | 30.00 | 30.00 |
| For each respondent | 25.00 | 20.00 |
| c Hearings | ||
| For every day the Court sits or part thereof – payable by the applicant. | 75.00 | 40.00 |
| d Additional fee | ||
| Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party, but before the commencement of the hearing – payable by the applicant | 60.00 | 50.00 |
Signed
James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 1st March 1990
We concur
John Taylor — Stephen Dorrell — Two of the Lords Commissioners of Her Majesty’s Treasury — 5th March 1990
Explanatory note
(This note is not part of the Order)
This Order, which replaces the Scottish Land Court (Fees) Order 1989, prescribes fees payable in respect of applications to the Scottish Land Court and, in certain cases, increases the fees which were payable under the 1989 Order. It also extends the scope for charging fees at paragraph 1(e), 1(f), 2(d), 2(i) and 3(d) and introduces at 1(g) a new fee to the Table of Fees.
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. 1989/1365.
[^f00003]: This column shows the fees formerly payable under the Scottish Land Court (Fees) Order 1989 (S.I. 1989/1365).
[^f00004]: 1955 c. 21 and 1961 c. 58.
[^f00005]: 1976 c. 21.
[^f00006]: 1937 c. 34.
[^f00007]: 1946 c. 73.
[^f00008]: 1948 c. 45.
[^f00009]: 1949 c. 75.
[^f00010]: 1958 c. 71.
[^f00011]: 1968 c. 34.
[^f00012]: 1983 c. 46.
[^f00013]: 1986 c. 49.
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