The Court of Session etc. Fees Amendment Order 1993

Made: 2nd March 1993

Laid before Parliament: 11th March 1993

Coming into force: 1st April 1993

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 1993 and shall come into force on 1st April 1993.

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 1992([^f00003]) and the Court of Session etc. Fees Amendment (No. 2) Order 1992([^f00004]) are hereby revoked.

SCHEDULE — TABLE OF FEES

A

SIGNETING

B

GENERAL DEPARTMENT

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—

• (a) Where two parties only

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

13

Fixing proof — fee payable by each party on diet of proof or jury trial being fixed

C

PETITION DEPARTMENT

3A

Petition to be admitted as a solicitor:

• (a) Where there is one applicant

14

Answers or opposition to a Motion under item C13 of this Table

15

Registering orders for enforcement under section 426 of the Insolvency Act 1986([^f00008])

D

COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS

E

ELECTION COURT

F

LANDS VALUATION APPEAL COURT

G

EXTRACTS DEPARTMENT

H

OFFICE OF THE ACCOUNTANT OF COURT

I

In Factories and Curatories

4A

For granting consent in terms of section 2(4) of the Trusts (Scotland) Act 1961([^f00011]) and the Act of Sederunt (Rules of the Court of Session — Amendment No 1) (Miscellaneous) 1990([^f00012])

II

In Consignations

III

Liquidations

J

MISCELLANEOUS

Signed

Fraser of Carmyllie — Minister of State, Scottish Office — 24th February 1993

We concur,

T.J.R. Wood — Nicholas Baker — Two of the Lords Commissioners of Her Majesty’s Treasury — 2nd March 1993

Explanatory note

(This note is not part of the Order)

This Order increases from 1st April 1993 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. It also introduces a new fee at items B13 and C12 payable by each party on a diet of proof or jury trial being fixed, and extends the scope of the existing fee at item C3A (petition to be admitted as a Solicitor) for additional applicants.

There are omitted from this Order fees payable in respect of matters relating to the Accountant in Bankruptcy. These will be dealt with separately.

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. 1992/414 and S.I. 1992/1230.

[^f00003]: S.I. 1992/414.

[^f00004]: S.I. 1992/1230.

[^f00005]: Column 3 shows the fees which were payable under S.I. 1984/256 as amended by S.I. 1992/414 and S.I. 1992/1230 before the coming into force of the Court of Session etc. Fees Amendment Order 1993 (S.I. 1993/427) on 1st April 1993.

[^f00006]: 1982 c. 27.

[^f00007]: 1913 c. 20.

[^f00008]: 1986 c. 45.

[^f00009]: 1970 c. 35.

[^f00010]: 1938 c. 24.

[^f00011]: 1961 c. 57; section 2 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55), section 8.

[^f00012]: S.I. 1990/705.