Scottish Land Court (Fees) Order 1992

JurisdictionUK Non-devolved

1992 No. 401 (S. 40)

SCOTTISH LAND COURT

The Scottish Land Court (Fees) Order 1992

Made 25th February 1992

Laid before Parliament 10th March 1992

Coming into force 1st April 1992

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:

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 1992 and shall come into force on 1st April 1992.

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.

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 1991 is hereby revoked.

The Scottish Land Court (Fees) Order 1991 is hereby revoked.

4. The Scottish Land Court (Fees) Order 19912is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

21st February 1992

Sydney Chapman

Gregory Knight

Two of the Lords Commissioners of Her Majesty’s Treasury

25th February 1992

SCHEDULE

Article 3

TABLE OF FEES

Column 1

Column 2

Column 3

Matters

Fee payable

Fee formerly payable

£

£

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

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

Principal application (each applicant)

47.00

45.00

For each respondent

8.00

7.00

(b) Recording agreements for loan by—

(i) the Scottish Office Agriculture and Fisheries Department and

(ii) Highlands and Islands Enterprise

Each agreement

55.00

45.00

(c) Other applications

Principal application

20.00

18.00

When more than one applicant (each additional applicant)

13.00

12.00

For each respondent

3.00

3.00

(d) Appeals and motions for rehearing

Each appellant or motioner

32.00

30.00

Each respondent

3.00

3.00

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

42.00

40.00

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

47.00

45.00

(g) 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

47.00

45.00

(ii) Where the Principal Clerk of Court executes a conveyance following upon an Order of the Court under Section 5(2) of the Crofting Reform (Scotland) Act 1976 — payable by the applicant

45.00

40.00

Agricultural Holdings (Scotland) Act 19916

2. (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

65.00

60.00

(b) 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

65.00

60.00

(c) Appeals against award by an arbiter

Fee payable on lodging appeal

52.00

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

65.00

60.00

(d) 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

65.00

60.00

(e) Other Applications

Principal application

68.00

65.00

When more than one applicant (each additional applicant)

32.00

30.00

For each respondent

27.00

25.00

(f) Appeals and motions for rehearing

Each appellant or motioner

37.00

35.00

(g) Hearings

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

90.00

80.00

(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

90.00

80.00

Miscellaneous

3. (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

1.10

1.00

For certifying such copy

6.50

6.00

(b) Applications not otherwise specified

Principal application

68.00

65.00

When more than one applicant (each additional applicant)

32.00

30.00

For each respondent

27.00

25.00

(c) Hearings

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

90.00

80.00

(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...

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