Scottish Land Court (Fees) Order 1990

JurisdictionUK Non-devolved

1990 No. 475 (S.60)

SCOTTISH LAND COURT

The Scottish Land Court (Fees) Order 1990

Made 5th March 1990

Laid before Parliament 9th March 1990

Coming into force 1st April 1990

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 18951, and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

This Order may be cited as the Scottish Land Court (Fees) Order...
S-1 This Order may be cited as the Scottish Land Court (Fees) Order...

1. This Order may be cited as the Scottish Land Court (Fees) Order 1990 and shall come into force on 1st April 1990.

This Order shall regulate the fees payable in respect of...
S-2 This Order shall regulate the fees payable in respect of...

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.

Fees Payable

Fees Payable

S-3 The fees payable in respect of the matters specified in column...

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).

S-4 The Scottish Land Court (Fees) Order 1989 is hereby revoked.

The Scottish Land Court (Fees) Order 1989 is hereby revoked.

4. The Scottish Land Court (Fees) Order 19892is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

1st March 1990

John Taylor

Stephen Dorrell

Two of the Lords Commissioners of Her Majesty’s Treasury

5th March 1990

SCHEDULE

Article 3

TABLE OF FEES

Column 1

Column 2

Column 3

Matters

Fee payable

Fee formerly payable

£

£

1. Small Landholders (Scotland) Acts 1886 to 1931, Crofters (Scotland) Acts 1955 and 19614and Crofting Reform (Scotland) Act 19765

(a) Application for a Record of a holding or a croft

Principal application (each applicant)

43.00

40.00

For each respondent

6.00

5.00

(b) Recording agreements for loan by–

(i) the Department of Agriculture and Fisheries for Scotland and

(ii) the Highlands and Islands Development Board

Each agreement

40.00

20.00

(c) Other applications

Principal application

16.00

15.00

When more than one applicant (each additional applicant)

11.00

10.00

For each respondent

3.00

2.00

(d) Appeals and motions for rehearing

Each appellant or motioner

25.00

20.00

Each respondent

3.00

2.00

(e) Hearing and Inspection fee payable by applicant in rental applications. For each day or part thereof the Court sits or inspects

40.00

25.00

(f) Hearing and Inspection fee payable by Applicant in all other applications. For each day or part thereof the Court sits or inspects

40.00

25.00

(g) 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

40.00

2. Sheep Stocks Valuation (Scotland) Act 19376Hill Farming Act 19467, Agriculture (Scotland) Act 19488, Agricultural Holdings (Scotland) Act 19499, Agriculture Act 195810, Agriculture (Miscellaneous Provisions) Act 196811and Agricultural Holdings (Amendment) (Scotland) Act 198312and Agriculture Act 198613

(a) Valuation of sheep stocks

Awards not exceeding £100

6.00

5.00

Awards exceeding £100:

For the first £100 thereof

6.00

5.00

For every additional £100 or part thereof

3.00

2.00

Where application dismissed or withdrawn before valuation

60.00

50.00

(b) Determination of questions under sections 5 and 39(1)(b) of the Hill Farming Act 1946

Principal application

60.00

30.00

For each respondent

25.00

10.00

(c) Arbitrations 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

60.00

50.00

(d) Appeals against award by an arbiter

Fee payable on lodging appeal

50.00

50.00

Rental as fixed by Court not exceeding £500

25.00

25.00

Rental as fixed by Court exceeding £500:

For the first £500

25.00

25.00

For every additional £100 or part thereof

3.00

3.00

Where application dismissed or withdrawn before rent fixed

60.00

(e) Claims for compensation

Awards not exceeding £100

10.00

10.00

Awards exceeding £100:

For the first £100 thereof

10.00

10.00

For every additional £100 or part thereof

5.00

5.00

Where application dismissed or withdrawn before compensation fixed

60.00

50.00

(f) Other Applications

Principal application

60.00

50.00

When more than one applicant (each additional applicant)

30.00

30.00

For each respondent

25.00

20.00

(g) Appeals and motions for rehearing

Each appellant, or motioner for rehearing

30.00

25.00

(h) Hearings

For every day the Court sits or part thereof – payable by the applicant

75.0040.00

(i) 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

60.00

50.00

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

0.80

0.80

For certifying such copy

5.00

5.00

(b) Applications not otherwise specified

Principal application

60.00

50.00

When more than one applicant (each additional applicant)

30.00

30.00

For each respondent

25.00

20.00

(c) Hearings

For every day the Court sits or part thereof – payable by the applicant.

75.00

40.00

(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

60.00

50.00

(This note is not part of the Order)

This Order, which replaces the Scottish Land Court (Fees) Order 1989, prescribes fees payable in respect of applications to the Scottish Land Court and, in certain cases, increases the fees which were payable under the 1989 Order. It also extends the scope for charging fees at paragraph 1(e), 1(f), 2(d), 2(i) and 3(d) and introduces at 1(g) a new fee to the Table of Fees.


(1) 1895 c. 14; section 2 was...

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