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Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983

Consolidated Text As Enacted Cited authorities 29 Cited in Amendments 69 Related
Vincent
JurisdictionUK Non-devolved
Citation1983 c. 12
Year1983
  • In section 5 of the
    • Actions for divorce
  • For section 2 of the
    • to any officer of any office or department connected with the Scottish courts the expenses of which are paid wholly or partly out of the Consolidated Fund or out of moneys provided by Parliament; andto the district court.may provide as to the times when, places where and persons to whom fees payable by virtue of this section are payable;for exemption from the requirement to pay them;for their remission;for their modification; andas to the circumstances in which and persons by whom such exemptions, remissions and modifications may be made; anddifferent courts; anddifferent cases or classes of case.the Court of Session;the High Court of Justiciary;the sheriff court;the court of commissioners for teinds (provision for which is made in section 8 of the Court of Session Act 1839) ;the court for hearing appeals under subsection (8) (b) of section 45 of the Representation of the People Act 1949 (appeals relating to the registration of electors) ;the election court constituted under section 110 of the said Act of 1949;the lands valuation appeal court (provision for which is made in section 7 of the Valuation of Lands (Scotland) Amendment Act 1879) ; andany other court specified as a Scottish court for the purposes of this section in an order made by the Secretary of State.An order under subsection (1) or (3) (h) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
  • There shall be paid out of moneys provided by Parliament any increase in moneys so payable under any other Act which is attributable to the provisions of this Act.
    • (1) The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential upon the provisions of this Act.(2) The enactments specified in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.(1) This Act may be cited as the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983.(2) The following provisions of this Act, that is to say, section 2, this section, and paragraph 2 of Schedule 1 (together with so much of section 6(1) above as relates to that paragraph) shall come into force at the end of the period of two months beginning with the day on which it is passed.(3) The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed for different provisions or for different purposes of the same provision.(4) This Act shall extend to Scotland only.(1) In section 33 (which provides for the Court of Session to have exclusive jurisdiction in respect of certain consistorial actions) , for the word “All” there shall be substituted the words “ Subject to section 5(2B) of the (2) . . . (3) . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) At the end of section 29 (which provides, among other things, for the fixing of scales of costs and fees, and for their taxation) there shall be added the following—
      Provided that no scale of costs and fees fixed by the Commission, and no regulations made by them as to the taxation of such costs and fees, shall apply in respect of any of the matters which the Secretary of State may regulate under or by virtue of section 14A of the Legal Aid (Scotland) Act 1967
    .    (7) In section 40 (which relates to the power of the Court of Session to regulate fees etc.) , after the word “agents” there shall be inserted the words “ (other than such of the fees of agents as the Secretary of State may regulate under or by virtue of section 14A of the Legal Aid (Scotland) Act 1967) ”.(8) . . . for the words “Act of Sederunt”, where they appear for the first time, there shall be substituted the words “ an order made by the Secretary of State ”;after the words “as may be”, where they appear for the second time, there shall be inserted the word “ so ”;the words “by Act of Sederunt”, where they appear for the second time, shall cease to have effect.

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