The Court of Session etc. Fees Amendment Order 1994

Made: 8th December 1994

Laid before Parliament: 20th December 1994

Coming into force: 1st February 1995

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 1994 and shall come into force on 1st February 1995.

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 1993[^f00003] is hereby revoked.

SCHEDULE — TABLE OF FEES

PART I— — FEES IN THE CENTRAL OFFICE OF THE COURT

SIGNETING

A

Signeting of any writ or summons, if attendance is necessary outwith the normal office hours

GENERAL DEPARTMENT

B

1

Appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House—fee (to comprehend signeting in normal office hours and all work up to closed record or, where no closed record is lodged, the determination of the mode of enquiry but excluding items B17 and B18 of this Table)

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 family action

3

Writ by which a family action is originated (other than a simplified divorce application)—inclusive fee (to comprehand 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 aplication, citation of any person under rule 16.1(1)(a)(i), (ii) or (iii) as applied by rule 49.76, of the Rules of the Court of Session 1994[^f00005], or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii) as applied by rule 49.76 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 of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action

6A

Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

7

Special case—

• For each party

8

Application by Minute or Motion for variation of an order in a family action

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 or, where no closed record is lodged, when mode of enquiry is determined

13

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

14

Proof, Procedure Roll, Summar Roll—Fee payable by each party appearing at the proof or hearing for every 30 minutes or part thereof

15

Jury Trial—

• Fee payable by each party appearing at the trial for every 30 minutes or part thereof

16

Hearing other than items B14, B15, B17 and B18 of this Table—

• Fee payable by each party appearing at the hearing for every 30 minutes or part thereof

17

Motion Roll hearing—fee payable by each party appearing at the hearingafter first 30 minutes—for every 30 minutes or part thereof

18

Hearing out of hours—fee payable by each party appearing at the hearing for every 30 minutes or part thereof

PETITION DEPARTMENT

C

3A

Petition to be admitted as a solicitor:

• For each applicant

19

Hearing out of hours—fee payable by each party appearing at the hearing for every 30 minutes or part thereof

COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS

D

Appeal—inclusive fee

ELECTION COURT

E

LANDS VALUATION APPEAL COURT

F

EXTRACTS DEPARTMENT

G

PART II— — FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT

OFFICE OF THE ACCOUNTANT OF COURT

H

In Factories and Curatories

I

4A

For granting consent in terms of section 2(4) of the Trusts (Scotland) Act 1961[^f00011] and rule 61.14 of the Rules of the Court of Session 1994

In Consignations

II

Liquidations

III

PART III— — FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION

OFFICE OF THE AUDITOR OF THE COURT OF SESSION

PART IV— — FEES COMMON TO ALL OFFICES

MISCELLANEOUS

J

Signed

Fraser of Carmyllie — Minister of State, Scottish Office — 5th December 1994

We concur,

Timothy Kirkhope — T J R Wood — Two of the Lords Commissioners of Her Majesty’s Treasury — 8th December 1994

Explanatory note

(This note is not part of the Order)

This Order increases from 1st February 1995 most of the fees payable to the Principal Clerk of Session, to the Accountant of Court and to the Auditor of the Court of Session or to any officer acting for any of them respectively in relation to proceedings in the Court of Session and specialised courts and offices. A new structure for the charging of audit fees is introduced at paragraph I1. A new fee is introduced (at paragraph B6A) for the lodging of affidavit evidence. New fees are introduced (at paragraphs B14 to B18 and paragraphs C16 to C19) for certain procedures in defended causes. The Order also provides in paragraphs B1, B12 and C11 for a fee to be payable either on the lodging of a closed record, or, if no closed record is lodged, when the mode of enquiry is determined.

Footnotes

[^f00001]: 1895 c. 14; section 2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), section 4.

[^f00002]: S.I. 1984/256, amended by S.I. 1993/427.

[^f00003]: S.I. 1993/427.

[^f00004]: Column 3 shows the fees which were payable under S.I. 1984/256 as amended by S.I. 1993/427 before the coming into force of the Court of Session etc. Fees Amendment Order 1994 (S.I. 1994/3265) on 1st February 1995.

[^f00005]: Contained in S.I. 1994/1443.

[^f00006]: 1982 c. 27.

[^f00007]: 1913 c. 20.

[^f00008]: 1986 c. 45

[^f00009]: 1970 c. 35

[^f00010]: 1938 c. 24; section 9; was amended by Conveyancing and Feudal Reform (Scotland) Act 1970 (c. 35), section 46, and by the Land Tenure Reform (Scotland) Act 1974 (c. 38), section 13.

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