The Court Fees (Miscellaneous Amendments) (Scotland) Order 2016

JurisdictionScotland
CitationSSI 2016/332
Year2016

2016 No. 332

Court Of Session

High Court Of Justiciary

Sheriff Appeal Court

Sheriff Court

Justice Of The Peace Court

The Court Fees (Miscellaneous Amendments) (Scotland) Order 2016

Made 27th October 2016

Laid before the Scottish Parliament 28th October 2016

Coming into force 28th November 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 107(1) and (2) of the Courts Reform (Scotland) Act 20141and all other powers enabling them to do so.

S-1 Citation and commencement

Citation and commencement

1. This Order may be cited as the Court Fees (Miscellaneous Amendments) (Scotland) Order 2016 and comes into force on 28th November 2016.

S-2 Amendment of the Court of Session etc. Fees Order 2015

Amendment of the Court of Session etc. Fees Order 2015

2.—(1) The Court of Session etc. Fees Order 20152is amended as follows.

(2) In article 1(3) (commencement), for “1st April 2017” substitute “28th November 2016”.

(3) In article 2(1) (interpretation), in the definition of “partner”, for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(4) In article 3(2)(c) (fees payable in the Court of Session etc.) for “1st April 2017” substitute “28th November 2016”.

(5) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 1 of this Order.

S-3 Amendment of the High Court of Justiciary Fees Order 2015

Amendment of the High Court of Justiciary Fees Order 2015

3.—(1) The High Court of Justiciary Fees Order 20153is amended as follows.

(2) In article 1(3) (commencement), for “1st April 2017” substitute “28th November 2016”.

(3) In article 2(1)(c) (fees payable in the High Court of Justiciary), for “1st April 2017” substitute “28th November 2016”.

(4) In article 3(3) (exemption of certain persons from fees), for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(5) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 2 of this Order.

S-4 Amendment of the Sheriff Appeal Court Fees Order 2015

Amendment of the Sheriff Appeal Court Fees Order 2015

4.—(1) The Sheriff Appeal Court Fees Order 20154is amended as follows.

(2) In article 1(3) (commencement) for “1st April 2017” substitute “28th November 2016”.

(3) In article 2 (fees payable in the Sheriff Appeal Court)—

(a)

(a) in paragraph (1)(c), for “1st April 2017” substitute “28th November 2016”; and

(b)

(b) in paragraph (2), for “or any officer acting for the Clerk” substitute “, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court”.

(4) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 3 of this Order.

S-5 Amendment of the Sheriff Court Fees Order 2015

Amendment of the Sheriff Court Fees Order 2015

5.—(1) The Sheriff Court Fees Order 20155is amended as follows.

(2) In article 1(3) (commencement) for “1st April 2017” substitute “28th November 2016”.

(3) In article 2 (interpretation), in the definition of “partner”, for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(4) In article 3(1)(c) (fees payable in sheriff courts)—

(a)

(a) in head (i), for “1st April 2017” substitute “28th November 2016”; and

(b)

(b) in head (ii), for “1st April 2017” substitute “28th November 2016”.

(5) In article 7 (cases in which an extra fee is payable)—

(a)

(a) in paragraph (1), after “summary cause” insert “or simple procedure case”; and

(b)

(b) in paragraph (2), after “bankruptcy” insert “proceedings”.

(6) For the Tables of Fees in schedule 3 (fees payable from 1st April 2017) substitute in the appropriate places the Tables of Fees in schedule 4 of this Order.

S-6 Amendment of the Justice of the Peace Court Fees (Scotland) Order 2015

Amendment of the Justice of the Peace Court Fees (Scotland) Order 2015

6.—(1) The Justice of the Peace Court Fees (Scotland) Order 20156is amended as follows.

(2) In article 1(3) (commencement) for “1st April 2017” substitute “28th November 2016”.

(3) In article 2(1)(c) (fees payable in justice of the peace courts), for “1st April 2017” substitute “28th November 2016”.

(4) In article 3(3) (exemption of certain persons from fees), for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(5) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 5 of this Order.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th October 2016

SCHEDULE 1

Article 2(5)

Court of Session fees payable from 28th November 2016

TABLE OF FEES

TABLE OF FEES

Payable from 28th November 2016

Column 1

(Matters)

Column 2

(Fee payable)

£

Column 3

(Fee formerly

Payable)7

£

PART I – FEES IN THE CENTRAL OFFICE OF THE COURT

A. SIGNETING

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

125

125

B. GENERAL DEPARTMENT

1. Appeal, application for leave or permission to 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 (to include signeting in normal office hours).

300

214

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.

300

214

3. Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to include 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, a duplicate thereof).

166

166

4. Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table).

125

125

5. In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, 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.

£12 plus messenger at arms fee to serve document

£12 plus messenger at arms fee to serve document

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.

166

166

7. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.

71

71

8. Special case—

for each party;

107

107

maximum fee payable (per case).

435

435

9. Application by minute or motion for variation of an order in a family action.

36

36

10. Answers or opposition to an application under item B9 of this Table.

36

36

11. Letter of request to a foreign court.

54

54

12. Citation of each jury, to include outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept.

298

298

13. Reclaiming motion - payable by party enrolling motion.

214

214

14. Closed record – payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined.

200

107

15. Allowing proof, etc. - payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed.

59

59

16. Court hearing (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof.

Note:This fee does not apply to the first 30 minutes of the hearing of a motion.

200

96

17. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof.

Note:This fee does not apply to the first 30 minutes of the hearing on the single bills.

500

239

18. Court hearing (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof.

240

115

19. Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof.

600

287

20. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between the parties.

50% of fee that would have been payable under this Table had the court hearing taken place as planned

50% of fee that would have been payable under this Table had the court hearing taken place as planned

21. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion.

100

54

C. PETITION DEPARTMENT

1. Petition of whatever nature presented to the Inner or Outer House other than a petition under item C3 or C4 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.

300

214

2. Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours.

125

125

3. Petition to be admitted as a notary public—

for each applicant

161

161

4. Petition to be admitted as a solicitor—

for each applicant

161

161

5. Answers, objection 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...

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