LegalizeThe Scottish Land Court (Fees) Order 1994
Made: 1st March 1994
Laid before Parliament: 11th March 1994
Coming into force: 1st April 1994
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 1994 and shall come into force on 1st April 1994.
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.
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 1993[^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) | 55.00 | 50.00 |
| For each respondent | 9.00 | 8.00 |
| b Recording agreements for loan by | ||
| i the Scottish Office Agriculture and Fisheries Department and | ||
| ii the Highlands and Islands Enterprise | ||
| Each agreement | 60.00 | 57.50 |
| c Other applications | ||
| Principal application | 24.00 | 22.00 |
| When more than one applicant (each additional applicant) | 16.00 | 15.00 |
| For each respondent | 3.00 | 3.00 |
| d Appeals and motions for rehearing | ||
| Each appellant or motioner | 40.00 | 35.00 |
| Each respondent | 3.00 | 3.00 |
| e Hearing and Inspection fee payable by applicant in all applications. For each day or part thereof the Court sits or inspects | 50.00 | 45.00 in rental applications and 50.00 in other applications |
| f Additional fee | ||
| i Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing—payable by the applicant | 60.00 | 50.00 |
| ii Where the Principal Clerk of Court executes a conveyance following upon an Order of the Court under section 5(2) of the Crofting Reform (Scotland) Act 1976—payable by the applicant | 55.00 | 50.00 |
| 2 Agricultural Holdings (Scotland) Act 1991[^f00006] | ||
| a Valuation of sheep stocks | ||
| Awards not exceeding £100 | 6.00 | 6.00 |
| Awards exceeding £100:— | ||
| For the first £100 thereof | 6.00 | 6.00 |
| For every additional £100 or part thereof | 3.00 | 3.00 |
| Where application dismissed or withdrawn before valuation | 70.00 | 70.00 |
| b Arbitration 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 | 75.00 | 70.00 |
| c Appeals against award by an arbiter | ||
| Fee payable on lodging appeal | 57.00 | 52.00 |
| Rental as fixed by Court not exceeding £500 | 39.00 | 25.00 |
| Rental as fixed by Court exceeding £500:— | ||
| For the first £500 | 30.00 | 25.00 |
| For every additional £100 or part thereof | 3.00 | 3.00 |
| Where application dismissed or withdrawn before rent fixed | 75.00 | 70.00 |
| d Claims for compensation | ||
| Awards not exceeding £100 | 12.00 | 10.00 |
| Awards exceeding £100:— | ||
| For the first £100 thereof | 12.00 | 10.00 |
| For every additional £100 or part thereof | 5.00 | 5.00 |
| Where application dismissed or withdrawn before compensation fixed | 75.00 | 70.00 |
| e Other Applications | ||
| Principal application | 85.00 | 75.00 |
| When more than one applicant (each additional applicant) | 40.00 | 35.00 |
| For each respondent | 35.00 | 30.00 |
| f Appeals and motions for rehearing | ||
| Each appellant or motioner | 50.00 | 45.00 |
| g Hearings and Inspections | ||
| For every day or part thereof the Court sits or inspects—payable by the applicant | 110.00 | 100.00 (for hearings only) |
| h 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 | 110.00 | 100.00 |
| 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 | 1.20 | 1.20 |
| For certifying such copy | 7.00 | 7.00 |
| b Applications not otherwise specified | ||
| Principal application | 85.00 | 75.00 |
| When more than one applicant (each additional applicant) | 40.00 | 35.00 |
| For each respondent | 35.00 | 30.00 |
| c Hearings and Inspections | ||
| For every day or part thereof the Court sits or inspects—payable by the applicant | 110.00 | 100.00 (for hearings only) |
| 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 | 110.00 | 100.00 |
Signed
Fraser of Carmyllie — Minister of State, Scottish Office — 24th February 1994
We concur,
Irvine Patnick — T J R Wood — Two of the Lords Commissioners of Her Majesty’s Treasury — 1st March 1994
Explanatory note
(This note is not part of the Order)
This Order prescribes the fees payable from 1st April 1994 in respect of proceedings before the Scottish Land Court. In most cases the fees are increased. In paragraphs (2)(g) and (3)(c) the fee now applies to inspections as well as hearings. The Scottish Land Court (Fees) Order 1993 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); the Scottish Land Court was specified as a Scottish Court for the purposes of section 2 by S.I. 1989/1366.
[^f00002]: S.I. 1993/297.
[^f00003]: This column shows the fees formerly payable under the Scottish Land Court (Fees) Order 1993 (S.I. 1993/297).
[^f00004]: 1955 c. 21 and 1961 c. 58.
[^f00005]: 1976 c. 21.
[^f00006]: 1991 c. 55.
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