Scottish Land Court (Fees) Order 1991

JurisdictionUK Non-devolved
CitationSI 1991/659
Year1991

1991 No. 659 (S.69)

SCOTTISH LAND COURT

The Scottish Land Court (Fees) Order 1991

Made 11th March 1991

Laid before Parliament 18th March 1991

Coming into force 8th April 1991

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 1991 and shall come into force on 8th April 1991.

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 1990 is hereby revoked.

The Scottish Land Court (Fees) Order 1990 is hereby revoked.

4. The Scottish Land Court (Fees) Order 19902is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

7th March 1991

I. C. Patnick

Nicholas Baker

Two of the Lords Commissioners of Her Majesty’s Treasury

11th March 1991

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)

45.00

43.00

For each respondent

7.00

6.00

(b) Recording agreements for loan by—

(i) the Scottish Office Agriculture and Fisheries Department and

(ii) Highlands and Islands Enterprise

Each agreement

45.00

40.00

(c) Other applications

Principal application

18.00

16.00

When more than one applicant (each additional applicant)

12.00

11.00

For each respondent

3.00

3.00

(d) Appeals and motions for rehearing

Each appellant or motioner

30.00

25.00

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..

40.00

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

45.00

40.00

(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

45.00

40.00

(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

40.00

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

(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

60.00

60.00

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

Principal application

65.00

60.00

For each respondent

25.00

25.00

(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 withdrawal before rent fixed

60.00

60.00

(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

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

60.00

(f) Other Applications

Principal application

65.00

60.00

When more than one applicant (each additional applicant)

30.00

30.00

For each repondent

25.00

25.00

(g) Appeals and motions for rehearing

Each appellant, or motioner for rehearing

35.00

30.00

(h) Hearings

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

80.00

75.00

(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

80.00

60.00

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

1.00

0.80

For certifying such copy

6.00

5.00

(b) Applications not otherwise specified

Principal application

65.00

60.00

When more than one applicant (each additional applicant)

30.00

30.00

For each respondent

25.00

25.00

(c) Hearings

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

80.00

75.00

(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

80.00

60.00

(This note is not part of the Order)

This Order, which replaces the Scottish Land Court (Fees) Order 1990, prescribes fees payable in respect of applications to the Scottish Land Court and, in certain cases, increases the fees which were payable under the 1990 Order. A new fee is introduced at paragraph (1)(g)(ii) of the Table of Fees.


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

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