The Court of Session etc. Fees Amendment 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 Court of Session etc. Fees Amendment Order 1990 and shall come into force on 1st April 1990.

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 1989[^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 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

6

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 consistorial cause

7

Special case–

8

Application by Minute or Motion for variation of an order in a consistorial cause

8A

Answers or opposition to an application under item B8 of this Table.

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 and C3A of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 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:

3A

Petition to be admitted as a solicitor

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 and 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

11

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

12

Application by Minute or Motion for variation of an order in a Petition for custody, aliment or access

13

Answers or opposition to a Motion under item C12 of this Table

14

Registering orders for enforcement under section 426 of the Insolvency Act 1986[^f00007]

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:

6

Extract from the Register of Acts and Decrees - per sheet or part thereof

7

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

8

Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00008]

9

Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938[^f00009].

I

In Factories and Curatories

1

For registering case and receiving and delivering up bond of caution–

2

For examining factor’s inventory–

3

For auditing each account–

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[^f00010]

5

For report on scheme of division–

6

For certificate under seal

II

In Bankruptcies

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–

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 concurrence in private sale of heritage under the Bankruptcy (Scotland) Act 1913–

17

For calling meetings of creditors–

18

For attendance at meeting of creditors–

19

For work in relation to protected trust deeds

III

In Consignations

20

For lodging consignation

21

For producing or delivering up–

IV

Liquidations

22

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:

1

Certified copy of proceedings for appeal to the House of Lords

2

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

3

Recording, engrossing, extracting or copying-all documents:

4

Searches-for any search of records or archives:

5

Captions:

6

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

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 28th February 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 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) Item B8A—a new fee for answers or opposition to a motion for variation of an order in a consistorial cause;

• (b) Item C11—a new fee for closed records lodged in the Petition Department;

• (c) Item C12—a new fee for applications by minute or motion for variation of an order in a Petition for custody, aliment or access;

• (d) Item C13—a new fee for answers or opposition to a motion under item C12;

• (e) Item C14—a new fee for registering orders for enforcement under section 426 of the Insolvency Act 1986;

• (f) Item G8—a new fee for acknowledging receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970; and

• (g) Item G9–a new fee for acknowledging receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938.

In addition to the above new fees, Item B8 extends the scope for charging a fee in relation to applications for variation of an order in a consistorial cause to include applications made by motion and Item C3A introduces a separate fee for presenting a petition to be admitted as a solicitor.

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. 1989/260.

[^f00003]: S.I. 1989/260.

[^f00004]: Column 3 shows the fees which were payable under S.I. 1984/256 as amended by S.I. 1989/260 before the coming into force of this Order.

[^f00005]: 1982 c. 27.

[^f00006]: 1913 c. 20.

[^f00007]: 1986 c. 45.

[^f00008]: 1970 c. 35.

[^f00009]: 1938 c. 24.

[^f00010]: 1961 c. 57; section 2 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), section 8.