LegalizeThe Scottish Land Court (Fees) Order 1996
Made: 1st March 1996
Laid before Parliament: 11th March 1996
Coming into force: 1st April 1996
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 1996 and shall come into force on 1st April 1996.
2
- (1) This Order regulates 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 1995[^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 and Crofters (Scotland) Act 1993[^f00004] a Application for a Record of a holding or a croft Principal application (each applicant) | 60.00 | 58.00 |
| For each respondent | 10.00 | 10.00 |
| b Recording agreements for loan by i the Scottish Office Agriculture, Environment and Fisheries Department and ii the Highlands and Islands Enterprise Each agreement | 70.00 | 65.00 |
| c Other applications Principal application | 28.00 | 26.00 |
| When more than one applicant (each additional applicant) | 18.00 | 17.00 |
| For each respondent | 4.00 | 4.00 |
| d Appeals and motions for rehearing Each appellant or motioner | 50.00 | 45.00 |
| Each respondent | 6.00 | 4.00 |
| e Hearing and Inspection fee payable by applicant in all applications. For each day or part thereof the Court sits or inspects | 60.00 | 55.00 |
| f Additional fee i Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing— payable by the applicant | 70.00 | 65.00 |
| ii Where the Principal Clerk of Court executes a conveyance following upon an Order of the Court under section 16(2) of the Crofters (Scotland) Act 1993— payable by the applicant | 65.00 | 60.00 |
| 2 Agricultural Holdings (Scotland) Act 1991[^f00005] 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 | 75.00 | 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 | 80.00 | 75.00 |
| c Appeals against award by an arbiter Fee payable on lodging appeal | 65.00 | 60.00 |
| Rental as fixed by Court not exceeding £500 | 30.00 | 30.00 |
| Rental as fixed by Court exceeding £500:— For the first £500 | 30.00 | 30.00 |
| For every additional £100 or part thereof | 3.00 | 3.00 |
| Where application dismissed or withdrawn before rent fixed | 85.00 | 80.00 |
| d Claims for compensation Awards not exceeding £100 | 12.00 | 12.00 |
| Awards exceeding £100:— For the first £100 thereof | 12.00 | 12.00 |
| For every additional £100 or part thereof | 5.00 | 5.00 |
| Where application dismissed or withdrawn before compensation fixed | 80.00 | 75.00 |
| e Other Applications Principal application | 100.00 | 90.00 |
| When more than one applicant (each additional applicant) | 50.00 | 45.00 |
| For each respondent | 45.00 | 40.00 |
| f Appeals and motions for rehearing Each appellant or motioner | 60.00 | 55.00 |
| g Hearings and Inspections For every day or part thereof the Court sits or inspects— payable by the applicant | 120.00 | 115.00 |
| 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 | 120.00 | 115.00 |
| 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 | 100.00 | 90.00 |
| When more than one applicant (each additional applicant) | 50.00 | 45.00 |
| For each respondent | 45.00 | 40.00 |
| c Hearings and Inspections For every day or part thereof the Court sits or inspects— payable by the applicant | 120.00 | 115.00 |
| 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 | 120.00 | 115.00 |
| e Search fee For searches in records arising from postal or other enquiries— for each search | 9.00 | — |
Signed
James Douglas-Hamilton — Minister of State, Scottish Office — 29th February 1996
We concur,
Michael Bates — Liam Fox — Two of the Lords Commissioners of Her Majesty’s Treasury — 1st March 1996
Explanatory note
(This note is not part of the Order)
This Order regulates the fees payable from 1st April 1996 in respect of proceedings before the Scottish Land Court. In the majority of cases the fees are increased and a fee is prescribed for the first time for searches in the records of the court. The Scottish Land Court (Fees) Order 1995 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. 1995/307.
[^f00003]: This column shows the fees formerly payable under the Scottish Land Court (Fees) Order 1995 (S.I. 1995/307).
[^f00004]: 1993 c. 44.
[^f00005]: 1991 c. 55.
Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.
This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence.
legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.