LegalizeAct of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2011
Made: 9th February 2011
Laid before the Scottish Parliament: 11th February 2011
Coming into force: 1st April 2011
The Lords of Council and Session, under and by virtue of the powers conferred upon them by section40 of the Sheriff Courts (Scotland) Act 1907[^f00001] and of all other powers enabling them in that behalf, do hereby enact and declare:
Citation, commencement and interpretation
1
- (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 2011 and comes into force on 1st April 2011.
- (2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
- (3) In this Act of Sederunt—
- “the 1993 Act of Sederunt” means the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993[^f00002]; and
- “the Table of Fees” means the Table of Fees set out in Schedule 1 to the 1993 Act of Sederunt.
Amendment of Table of Fees
2
- (1) The Table of Fees is amended in accordance with the following subparagraphs.
- (2) In paragraph16 of Part II of Chapter II (procedure preliminary to proof)—
- (a) after subparagraph(a) insert—
| aa For each day or part day after the first, including instruction of counsel | £ 106.50 |
|---|---|
- (b) subparagraph(c) is omitted;
- (c) the heading of paragraph16 becomes “Preparation for proof”.
- (3) In Part IIA of Chapter II (defended personal injuries actions)—
- (a) in paragraph15 (amendment of record) after subparagraph(a)(i) insert—
| ia Fee for perusal of answers | £ 50.70 |
|---|---|
- (b) in paragraph19 (procedure preliminary to proof)—
- (i) after subparagraph(a) insert—
| aa For each day or part day after the first, including instruction of counsel | £ 106.50 |
|---|---|
- (ii) subparagraph(c) is omitted;
- (iii) the heading of paragraph19 becomes “Preparation for proof”.
Saving
3
Paragraph2 does not affect fees chargeable for work done, or outlays incurred, before 1stApril 2011.
Signed
A.C. HAMILTON — Lord President — I.P.D. — 9th February 2011
Explanatory note
(This note is not part of the Act of Sederunt)
EXPLANATORY NOTE
This Act of Sederunt makes amendments to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 (S.I. 1993/3080).
Paragraph 2 amends the Table of Fees set out in the Schedule to the 1993 Act of Sederunt. The Table of Fees was last amended by the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment No. 2) 2009 (S.S.I. 2009/321).
The Act of Sederunt does not apply as respect fees chargeable for work done, or outlays incurred, before it comes into force.
Footnotes
[^f00001]: 1907 c. 51. Section 40 was amended by Schedule 1 to the Sheriff Courts (Scotland) Act 1913 (c.28); section 1(3) of the Secretaries of State Act 1926 (c.18); the Schedule to the Administration of Justice (Scotland) Act 1933 (c.41); and Schedule 1, paragraph 7 and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12).
[^f00002]: S.I. 1993/3080, last amended by S.S.I. 2009/321.
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