Court of Session etc. Fees Order 1984
| Jurisdiction | UK Non-devolved |
| Citation | SI 1984/256 |
1984 No. 256 (S. 28)
COURT OF SESSION, SCOTLAND
TEINDS
The Court of Session etc. Fees Order 198428thFebruary 1984
9thMarch 1984
1stApril 1984
In exercise of the powers conferred on me by section 2 of the Courts of Law Fees (Scotland) Act 1895(a) and of all other powers enabling me in that behalf, and with the concurrence of the Treasury, I hereby make the following order:—
Citation and commencement
1. This order may be cited as the Court of Session etc. Fees Order 1984 and shall come into operation on 1st April 1984.
Interpretation
2.— (1) In this order "Central Office of the Court" means the Central Office of the Court as defined in rule 12 of the Rules annexed to the Act of Sederunt (Rules of Court, consolidation and amendment) 1965(b).
(2) For the purposes of any reference in this order to a party
(a) except in relation to a special case, a set of persons with the same interest, for whom one and the same first paper is or has been lodged, shall be treated as a single party; and
(b) in relation to a special case, each person or set of persons who appear as one of the separate parties to the case shall be treated as a party.
Offices to which order applies and officers to whom fees are payable
3.— (1) This order shall regulate the fees payable in the Central Office of the Court, the office of the Accountant of Court and the office of the Auditor of the Court of Session.
(2) The fees regulated by this order shall be payable—
(a) in relation to the Central Office of the Court, to the Principal Clerk of Session or any officer acting for him;
(a) 1895 c. 14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12).
(b) S.I. 1965/321; the relevant amending instruments are S.I. 1982/654, 1679, 1824.
(b) in relation to the office of the Accountant of Court, to the Accountant of Court or any officer acting for him; and
(c) in relation to the office of the Auditor of the Court of Session, to the Auditor of the Court of Session or any officer acting for him.
Fees payable
4. Subject to articles 5 and 6 of this order 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 previously payable being shown in column 3 of that Table).
Exemption from fees for the Crown
5.— (1) Subject to paragraph (2) of this article the fees regulated by this order shall not be payable by the Crown.
(2) When in any proceedings to which the Crown is a party another party is found liable to the Crown in expenses, any fees regulated by this order shall be included in the account of expenses and, if recovered, shall be paid by the Crown.
(3) For the purposes of this article the Crown includes any officer of the Crown as such or government department.
Exemption from fees for simplified divorce procedure for certain categories of person
6. The fees specified in items B3 and B4 of the Schedule to this order shall not be payable by a person making a simplified divorce application who is in receipt of—
(a) a supplementary pension or an allowance under Part I of the Supplementary Benefits Act 1976(a);
(b) a family income supplement under section 1 of the Family Income Supplements Act 1970(b); or
(c) advice and assistance from a solicitor under the Legal Advice and Assistance Act 1972(c) in respect of the simplified divorce application.
George Younger, One of Her Majesty's Principal Secretaries of State.
New St Andrew's House, Edinburgh.
24th February 1984.
(a) 1976 c. 71.
(b) 1970 c. 55.
(c) 1972 c. 50.
We concur.
T. Garel-Jones, Alistair Goodlad, Two of the Lords Commissioners of Her Majesty's Treasury.
28th February 1984.
Article 4
SCHEDULE
TABLE OF FEES
Column 1 Column 2 Column 3
Fee which was
Item Fee payable formerly payable(a)
PART I—FEES IN THE CENTRAL OFFICE OF
THE COURT
A. SIGNETING
1. Signeting of any writ or summons, if
attendance is necessary outwith the normal
office hours £18.00 £17.00
B....To continue reading
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