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The Court of Session etc. Fees Amendment Order 2012

Type Scottish-Statutory-Instrument
Publication 2012-10-30
Last updated 2012-12-10
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
Source legislation.gov.uk
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Made: 30th October 2012

Laid before the Scottish Parliament: 31st October 2012

Coming into force in accordance with article

The Scottish Ministers make the following Order in exercise of the powers conferred by section2 of the Courts of Law Fees (Scotland) Act 1895[^f00001] and all other powers enabling them to do so.

Citation, commencement and effect

1

Amendment of the Court of Session etc. Fees Order 1997

2

The Court of Session etc. Fees Order 1997[^f00002] is amended in accordance with articles 3 to 6.

3

After article 3(2) (offices to which this Order applies and officers to whom fees are payable) insert—

(3) No act is required of any officer or person specified in paragraph (2) in connection with a matter specified in relation to any fee prior to the payment of that fee or an arrangement being entered into for payment of that fee.

4

In articles 5A(2) (exemption of certain motions from fees) and 5B (calculation of fees payable), for “B26 and C24” where it occurs substitute “B21 and C17”.

5

In article 5B(2) for “C10” substitute “C9”.

6

The Table of Fees in Schedule 1 is substituted by—

SCHEDULE 1 — TABLE OF FEES

Column 1 (Matters) Column 2 (Fee payable) £ Column 3 (Fee formerly payable[^f00003]) £
PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A.SIGNETING
Signeting of any writ or summons if attendance is necessary outwith normal office hours 111 105
B.GENERAL DEPARTMENT
1.Appeal, application for leave to appeal, summons or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House (to include signeting in normal office hours) 191 180
2.Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding, other than a family action 191 180
3.Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application)– inclusive fee (to include signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of itemG5(a) of this Table and to the defender, if appropriate, of a duplicate extract) 148 140
4.Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in itemB5 of this Table) 111 105
5.In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule16.1(1)(a)(i), (ii) or (iii), as applied by rule49.76, of the Rules of Court, or intimation to any person or persons under rule16.1(1)(a)(i), (ii) or (iii), as applied by rule49.76, of those Rules, where such intimation is required Messenger at arms fee to serve document plus £11 Messenger at arms fee to serve document plus £10
6.Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action 148 140
7.Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed 64 60
8.Special case—
for each party 95 90
maximum fee payable per case 387 365
9.Application by minute or motion for variation of an order in a family action 32 30
10.Answers or opposition to an application under itemB9 of this Table 32 30
11.Letter of request to a foreign court 48 45
12.Citation of each jury, to include outlays incurred in citing and countermanding- payable on receipt of instruments for issue of precept 265 250
13.Reclaiming motion- payable by party enrolling motion 191 180
14.Closed record– payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined 95 90
15.Allowing proof, etc.- payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed 53 50
16.Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof 85 45[^f00004]
17.Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 212 100[^f00005]
18.Court hearing (other than motion roll or single bill) (out of hours) before a single judge– payable by each party for every 30 minutes or part thereof 102 55[^f00006]
19.Court hearing (out of hours) before three or more judges – payable by each party for every 30 minutes or part thereof 254 125[^f00007]
20.Cancellation of court hearing before three or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties 50% of fee that would have been payable under this Table had the court hearing taken place as planned n/a
21.Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion 48 45
C.PETITION DEPARTMENT
1.Petition of whatever nature presented to the Inner or Outer House other than a petition under itemC3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982[^f00008] 191 180
2.Additional fee payable when a petition in terms of itemC1 of this Table is presented outwith normal office hours 111 105
3.Petition to be admitted as a notary public—
for each applicant 143 135
4.Petition to be admitted as a solicitor—
for each applicant 143 135
5.Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which itemC1 of this Table applies 191 180
6.Caveat 45 45
7.Fiat 48 45
8.Registering official copies of orders of courts in England and Wales or Northern Ireland 16 15
9.Reclaiming motion– payable by party enrolling motion 191 180
10.Closed record– payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined 95 90
11.Allowing proof, etc.– payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed 53 50
12.Court hearing (other than a motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30minutes or part thereof 85 45[^f00009]
13.Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 212 100[^f00010]
14.Court hearing (other than a motion roll or single bill) (out of hours) before a single judge– payable by each party for every 30 minutes or part thereof 102 55[^f00011]
15.Court hearing (out of hours) before 3 or more judges – fee payable by each party for every 30 minutes or part thereof 254 125[^f00012]
16.Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties 50% of fee that would have been payable under this Table had the court hearing taken place as planned n/a
17.Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion 48 45
18.Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986[^f00013] 191 180
D.COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal– inclusive fee 191 180
E.ELECTION COURT
1.Parliamentary election petition 191 180
2.Statement of matters 16 15
3.Any other petition, application, answers or objections submitted to the court 48 45
4.Certificate of judgement 48 45
F.LANDS VALUATION APPEAL COURT
1.Appeal- inclusive fee 191 180
2.Answers- inclusive fee 191 180
G.EXTRACTS DEPARTMENT
1.Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise 53 50
2.Extract of admission as a solicitor 48 45
3.Extract of protestation 48 45
4.Certificate under the Civil Jurisdiction and Judgments Act 1982 48 45
5.Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership—
extract from Consistorial Register of Decrees of decree pronounced on or after 23rdSeptember 1975 if not issued in terms of itemB3 or B4 of this Table 27 25
certificate of divorce in decree pronounced prior to 23rdSeptember 1975 27 25
certified copy interlocutor in decree pronounced prior to 23rdSeptember 1975 27 25
6.Extract from the Register of Acts and Decrees– per sheet or part thereof 27 25
7.Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise 27 25
8.Acknowledgement of receipt of a notice under section19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00014] 48 45
PART II– FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H.OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1.Registering case and receiving and delivering up bond of caution 20 20 or 35 [^f00015]
2.Examining factor’s inventory– 0.333% of the value of the estate as disclosed
minimum fee payable 26 25
maximum fee payable 641 610
3.Auditing each account, based on estate value 15 plus 17.5% of factor’s commission
£0 - £30,000 100
£30,001 - £50,000 200
£50,001 - £250,000 500
£250,001 - £500,000 750
£500,001 and over 1,000
4.Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division 50 110
5.Certificate under seal 15 25
II. In Consignations
6.Lodging consignation 30 20
7.Producing or delivering up consignation, based on consignation value—
consignation value £0 - £50 and less than 7 years since lodged No charge 20
consignation value over £51 and less than 7 years since lodged 30 20
consignation value £0 - £70 and over 7 years since lodged No Charge 20
(d) consignation value over £71 and over 7 years since lodged 50 20
PART III– FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I.OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1.Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation—
Lodging account for taxation 37 35
Taxing accounts for expenses etc.
up to £400 20 20
for every additional £100 or part thereof 5 5
Note:fee to be determined by the Auditor of the Court of Session on amount of account as submitted
2.Assessing account remitted to the Auditor to determine whether an additional fee should be paid 254 240
3.Cancellation of diet of taxation–
where written notice of cancellation received by receiving party after 4.00pm on the fourth working day prior to the diet of taxation 50% of fee that would have been payable under itemI1(b) of this Table 50% of fee that would have been payable under itemI1(b) of this Table
where written notice of cancellation received by receiving party after 4.00pm on the working day before or the day of the diet of taxation 75% of fee that would have been payable under itemI1(b) of this Table 75% of fee that would have been payable under itemI1(b) of this Table
PART IV– FEES COMMON TO ALL OFFICES
J.MISCELLANEOUS
1.Certified copy of proceedings for appeal to the Supreme Court 191 180
2.Certifying of any other document (plus copying charges if necessary) 16 15
3.Recording, extracting, engrossing or copying- all documents (exclusive of search fee)—
copying of each document, up to 10pages 5 5
copying of each further page or part thereof 0.50 0.50
copying of each document in electronic form 5 5
4.Any search of records or archives—
up to 30minutes 16 15
more than 30minutes up to 2 hours 37 35
each additional 30minutes in excess of 2hours 11 10
in addition, correspondence fee where applicable 11 10
5.Captions—
marking caption when ordered 11 10
warrant for caption when issued 11 10
6.Change of party name where more than 10 cases are registered – per case 2 n/a

SCHEDULE 2 — TABLE OF FEES

Column 1 (Matters) Column 2 (Fee payable) £ Column 3 (Fee formerly Payable[^f00016]) £
PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A.SIGNETING
Signeting of any writ or summons if attendance is necessary outwith normal office hours 115 111
B.GENERAL DEPARTMENT
1.Appeal, application for leave to appeal, summons or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House(to include signeting in normal office hours) 197 191
2.Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding, other than a family action 197 191
3.Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application)– inclusive fee (to include signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of itemG5(a) of this Table, and to the defender, if appropriate, of a duplicate extract) 153 148
4.Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in itemB5 of this Table) 115 111
5.In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule16.1(1)(a)(i), (ii) or (iii), as applied by rule49.76, of the Rules of Court, or intimation to any person or persons under rule16.1(1)(a)(i), (ii) or (iii), as applied by rule49.76, of those Rules, where such intimation is required Messenger at arms fee to serve document plus £11 Messenger at arms fee to serve document plus £11
6.Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action 153 148
7.Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed 66 64
8.Special case—
for each party 98 95
maximum fee payable per case 399 387
9.Application by minute or motion for variation of an order in a family action 33 32
10.Answers or opposition to an application under itemB9 of this Table 33 32
11.Letter of request to a foreign court 49 48
12.Citation of each jury, to include outlays incurred in citing and countermanding- payable on receipt of instruments for issue of precept 273 265
13.Reclaiming motion- payable by party enrolling motion 197 191
14.Closed record– payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined 98 95
15.Allowing proof, etc.- payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed 55 53
16.Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof 87 85
17.Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 218 212
18.Court hearing (other than motion roll or single bill) (out of hours) before a single judge– payable by each party for every 30 minutes or part thereof 105 102
19.Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 262 254
20.Cancellation of court hearing before 3 or more judges, party or parties, within 28 days of court hearing date – fee payable is shared equally between parties 50% of fee that would have been payable under this Table had the court hearing taken place as planned 50% of fee that would have been payable under this Table had the court hearing taken place as planned
21.Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion 49 48
C.PETITION DEPARTMENT
1.Petition of whatever nature presented to the Inner or Outer House other than a petition under itemC3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982[^f00017] 197 191
2.Additional fee payable when a petition in terms of itemC1 of this Table is presented outwith normal office hours 115 111
3.Petition to be admitted as a notary public—
for each applicant 147 143
4.Petition to be admitted as a solicitor—
for each applicant 147 143
5.Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which itemC1 of this Table applies 197 191
6.Caveat 45 45
7.Fiat 49 48
8.Registering official copies of orders of courts in England and Wales or Northern Ireland 16 16
9.Reclaiming motion– payable by party enrolling motion 197 191
10.Closed record– payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined 98 95
11.Allowing proof, etc.– payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed 55 53
12.Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof 87 85
13.Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 218 212
14.Court hearing (other than a motion roll or single bill) (out of hours) before a single judge – payable by each party for every 30 minutes of part thereof 105 102
15.Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 262 254
16.Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties 50% of fee that would have been payable under this Table had the court hearing taken place as planned 50% of fee that would have been payable under this Table had the court hearing taken place as planned
17.Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion 49 48
18.Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986[^f00018] 197 191
D.COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal– inclusive fee 197 191
E.ELECTION COURT
1.Parliamentary election petition 197 191
2.Statement of matters 16 16
3.Any other petition, application, answers or objections submitted to the court 49 48
4.Certificate of judgement 49 48
F.LANDS VALUATION APPEAL COURT
1.Appeal- inclusive fee 197 191
2.Answers- inclusive fee 197 191
G.EXTRACTS DEPARTMENT
1.Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise 55 53
2.Extract of admission as a solicitor 49 48
3.Extract of protestation 49 48
4.Certificate under the Civil Jurisdiction and Judgments Act 1982 49 48
5.Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership—
extract from Consistorial Register of Decrees of decree pronounced on or after 23rdSeptember 1975 if not issued in terms of itemB3 or B4 of this Table 27 27
certificate of divorce in decree pronounced prior to 23rdSeptember 1975 27 27
certified copy interlocutor in decree pronounced prior to 23rdSeptember 1975 27 27
6.Extract from the Register of Acts and Decrees– per sheet or part thereof 27 27
7.Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise 27 27
8.Acknowledgement of receipt of a notice under section19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00019] 49 48
PART II– FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H.OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1.Registering case and receiving and delivering up bond of caution 21 20
2.Examining factor’s inventory– 0.333% of the value of the estate as disclosed
minimum fee payable 27 26
maximum fee payable 660 641
3.Auditing each account, based on estate value
£0 - £30,000 103 100
£30,001 - £50,000 206 200
£50,001 - £250,000 515 500
£250,001 - £500,000 773 750
£500,001 and over 1,030 1,000
4.Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division 52 50
5.Certificate under seal 15 15
II.In Consignations
6.Lodging consignation 30 30
7.Producing or delivering up consignation, based on consignation value—
consignation value £0 - £50 and less than 7years since lodged No charge No charge
consignation value over £51 and less than 7years since lodged 30 30
consignation value £0 - £70 and over 7years since lodged No charge No charge
consignation value over £71 and over 7years since lodged 50 50
PART III– FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I.OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1.Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:
Lodging account for taxation 38 37
Taxing accounts for expenses etc.
up to £400 20 20
for every additional £100 or part thereof 5 5
Note:fee to be determined by the Auditor of the Court of Session on amount of account as submitted
2.Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid 262 254
3.Cancellation of diet of taxation—
where written notice of cancellation received by receiving party after 4.00pm on the fourth working day prior to the diet of taxation 50% of fee that would have been payable under itemI1(b) of this Table 50% of fee that would have been payable under itemI1(b) of this Table
where written notice of cancellation received by receiving party after 4.00pm on the working day before or the day of the diet of taxation 75% of fee that would have been payable under itemI1(b) of this Table 75% of fee that would have been payable under itemI1(b) of this Table
PART IV– FEES COMMON TO ALL OFFICES
J.MISCELLANEOUS
1.Certified copy of proceedings for appeal to the Supreme Court 197 191
2.Certifying of any other document (plus copying charges if necessary) 16 16
3.Recording, extracting, engrossing or copying- all documents (exclusive of search fee)—
copying of each document, up to 10pages 5 5
copying of each further page or part thereof 0.50 0.50
copying of each document in electronic form 5 5
4.Any search of records or archives—
up to 30minutes 16 16
more than 30minutes up to 2 hours 38 37
each additional 30minutes in excess of 2hours 11 11
in addition, correspondence fee where applicable 11 11
5.Captions—
marking caption when ordered 11 11
warrant for caption when issued 11 11
6.Change of party name where more than 10 cases are registered – per case 2 2

SCHEDULE 3 — TABLE OF FEES

Column 1 (Matters) Column 2 (Fee payable) £ Column 3 (Fee formerly Payable[^f00020]) £
PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A.SIGNETING
Signeting of any writ or summons if attendance is necessary outwith normal office hours 118 115
B.GENERAL DEPARTMENT
1.Appeal, application for leave to appeal, summons, or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House (to include signeting in normal office hours) 202 197
2.Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding, other than a family action 202 197
3.Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application)– inclusive fee (to include signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of itemG5(a) of this Table, and to the defender, if appropriate, of a duplicate extract) 157 153
4.Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in itemB5 of this Table) 118 115
Column 1 (Matters) Column 2 (Fee payable) £ Column 3 (Fee formerly Payable) £
--- --- ---
5.In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule16.1(1)(a)(i), (ii) or (iii), as applied by rule49.76, of the Rules of Court, or intimation to any person or persons under rule16.1(1)(a)(i), (ii) or (iii), as applied by rule49.76, of those Rules, where such intimation is required Messenger at arms fee to serve document plus £11 Messenger at arms fee to serve document plus £11
6.Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action 157 153
7.Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed 67 66
8.Special case—
for each party 101 98
maximum fee payable per case 410 399
9.Application by minute or motion for variation of an order in a family action 34 33
10.Answers or opposition to an application under itemB9 of this Table 34 33
11.Letter of request to a foreign court 51 49
12.Citation of each jury, to include outlays incurred in citing and countermanding- payable on receipt of instruments for issue of precept 281 273
13.Reclaiming motion- payable by party enrolling motion 202 197
14.Closed record– payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined 101 98
15.Allowing proof, etc.- payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed 56 55
16.Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof 90 87
17.Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 225 218
18.Court hearing (other than motion roll or single bill) (out of hours) before a single judge– payable by each party for every 30 minutes or part thereof 108 105
19.Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 270 262
20.Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between the parties 50% of fee that would have been payable under this Table had the court hearing taken place as planned 50% of fee that would have been payable under this Table had the court hearing taken place as planned
21.Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion 51 49
C.PETITION DEPARTMENT
1.Petition of whatever nature presented to the Inner or Outer House other than a petition under itemC3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982[^f00021] 202 197
2.Additional fee payable when a petition in terms of itemC1 of this Table is presented outwith normal office hours 118 115
3.Petition to be admitted as a notary public—
for each applicant 152 147
4.Petition to be admitted as a solicitor—
for each applicant 152 147
5.Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which itemC1 of this Table applies 202 197
6.Caveat 45 45
7.Fiat 51 49
8.Registering official copies of orders of courts in England and Wales or Northern Ireland 17 16
9.Reclaiming motion– payable by party enrolling motion 202 197
10.Closed record– payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined 101 98
11.Allowing proof, etc.– payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed 56 55
12.Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof 90 87
13.Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 225 218
14.Court hearing (other than motion roll or single bill) (out of hours) before a single judge– payable by each party for every 30 minutes or part thereof 108 105
15.Court hearing (out of hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof 270 262
16.Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties 50% of fee that would have been payable under this Table had the court hearing taken place as planned 50% of fee that would have been payable under this Table had the court hearing taken place as planned
17.Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion 51 49
18.Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986[^f00022] 202 197
D.COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal– inclusive fee 202 197
E.ELECTION COURT
1.Parliamentary election petition 202 197
2.Statement of matters 17 16
3.Any other petition, application, answers or objections submitted to the court 51 49
4.Certificate of judgement 51 49
F.LANDS VALUATION APPEAL COURT
1.Appeal- inclusive fee 202 197
2.Answers- inclusive fee 202 197
G.EXTRACTS DEPARTMENT
1.Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise 56 55
2.Extract of admission as a solicitor 51 49
3.Extract of protestation 51 49
4.Certificate under the Civil Jurisdiction and Judgments Act 1982 51 49
5.Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership—
extract from Consistorial Register of Decrees of decree pronounced on or after 23rdSeptember 1975 if not issued in terms of itemB3 or B4 of this Table 28 27
certificate of divorce in decree pronounced prior to 23rdSeptember 1975 28 27
certified copy interlocutor in decree pronounced prior to 23rdSeptember 1975 28 27
6.Extract from the Register of Acts and Decrees– per sheet or part thereof 28 27
7.Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise 28 27
8.Acknowledgement of receipt of a notice under section19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970[^f00023] 51 49
PART II– FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H.OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1.Registering case and receiving and delivering up bond of caution 21 21
2.Examining factor’s inventory– 0.333% of the value of the estate as disclosed
minimum fee payable 28 27
maximum fee payable 680 660
3.Auditing each account, based on estate value
£0 - £30,000 106 103
£30,001 - £50,000 212 206
£50,001 - £250,000 530 515
£250,001 - £500,000 796 773
£500,001 and over 1,061 1,030
4.Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division 53 52
5.For certificate under seal 16 15
II. In Consignations
6.Lodging consignation 30 30
7.Producing or delivering up consignation, based on consignation value—
consignation value £0 - £50 and less than 7 years since lodged No charge No charge
consignation value over £51 and less than 7 years since lodged 30 30
consignation value £0 - £70 and over 7 years since lodged No charge No charge
consignation value over £71 and over 7years since lodged 50 50
PART III– FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I.OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1.Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation:
Lodging account for taxation 39 38
Taxing accounts for expenses etc.
up to £400 20 20
for every additional £100 or part thereof 5 5
Note:fee to be determined by the Auditor of the Court of Session on amount of account as submitted
2.Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid 270 262
3.Fee for cancellation of diet of taxation—
where written notice of cancellation received by receiving party after 4.00pm on the fourth working day prior to the diet of taxation 50% of fee that would have been payable under itemI1(b) of this Table 50% of fee that would have been payable under itemI1(b) of this Table
where written notice of cancellation received by receiving party after 4.00pm on the working day before or the day of the diet of taxation 75% of fee that would have been payable under itemI1(b) of this Table 75% of fee that would have been payable under itemI1(b) of this Table
PART IV– FEES COMMON TO ALL OFFICES
J.MISCELLANEOUS
1.Certified copy of proceedings for appeal to the Supreme Court 202 197
2.Certifying of any other document (plus copying charges if necessary) 17 16
3.Recording, extracting, engrossing or copying- all documents (exclusive of search fee)—
copying of each document, up to 10pages 5 5
copying of each further page or part thereof 0.50 0.50
Copying of each document in electronic form 5 5
4.Any search of records or archives—
up to 30minutes 17 16
more than 30minutes up to 2 hours 39 38
each additional 30minutes in excess of 2hours 11 11
in addition, correspondence fee where applicable 11 11
5.Captions—
marking caption when ordered 11 11
warrant for caption when issued 11 11
6.Change of party name where more than 10 cases are registered – per case 2 2

Signed

KENNY MACASKILL — A member of the Scottish Government — 30th October 2012

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Court of Session etc. Fees Order 1997 (“the 1997 Order”).

Article 3 inserts a new article 3(3) into the 1997 Order which has the effect of providing that a person to whom a fee is payable is not required to do any act in connection with the matter specified in relation to that fee without either prior payment of the fee or entering into an arrangement for payment for the fee.

Articles 4 and 5 make amendments to articles 5A and 5B of the 1997 Order making changes consequential upon the renumbering of certain matters specified in column 1 of the Table of Fees substituted into the 1997 Order by article 5 and Schedules 1 to 3 of this Order.

Article 6 and Schedules 1 to 3 specify new fee levels payable in the Office of Court, the office of the Accountant of Court and the office of the Auditor of the Court of Session, introducing new charges for some matters and abolishing charges for other matters.

The fee levels for the period from 10th December 2012 until 31st March 2013 are given effect by substituting the Table of Fees in Schedule 1 to the 1997 Order with the Table of Fees in Schedule1.

The fee levels for the period from 1st April 2013 until 31st March 2014 are given effect by substituting the Table of Fees in Schedule 1 with the Table of Fees in Schedule 2.

The fee levels from 1st April 2014 onwards are given effect by substituting the Table of Fees in Schedule 2 with the Table of Fees in Schedule 3.

Footnotes

[^f00001]: 1895 c.14; section2 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), section4, modified by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I. 1999/1820), articles2(1) and 4 and Schedule 2 PartI, paragraph 9, and Part IV and the Judiciary and Courts (Scotland) Act 2008 (asp6), schedule 5, paragraph 1. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: S.I. 1997/688 as amended by S.I. 1999/755 and S.S.I. 2002/270, 2007/319, 2008/236 and 2009/88.

[^f00003]: Column3 shows the fees which were payable under S.I.1997/688 immediately before the coming into force of this Schedule. Where there is no entry in column3 but an entry in column2, the matter is new or has been amended so that no direct comparison can be made with the fee formerly payable.

[^f00004]: The fee formerly payable relates to matters B17. (Proof or Procedure Roll), B18. (Summar roll), B19. (Jury Trial) and B20. (Outer House Hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00005]: The fee formerly payable relates to matter B21. (Inner House hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00006]: The fee formerly payable relates to matter B24. (Outer House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00007]: The fee formerly payable relates to matter B25. (Inner House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00008]: 1982 c.27.

[^f00009]: The fee formerly payable relates to matters C15. (Proof or Procedure Roll), C16. (Summar roll), C17. (Jury Trial) and C18. (Outer House Hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00010]: The fee formerly payable relates to matter C19. (Inner House hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00011]: The fee formerly payable relates to matter C22. (Outer House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00012]: The fee formerly payable relates to matter C23. (Inner House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

[^f00013]: 1986 c.45.

[^f00014]: 1970 c.35.

[^f00015]: The previous fee for registering a case and delivering up a bond of caution was £20 in relation to Sheriff Court appointments and £35 in relation to Court of Session appointments. The new fee of £20 is now to be charged in relation to appointment in either court.

[^f00016]: Column 3 shows the fees which were payable by virtue of Schedule 1 to this Order immediately before the coming into force of this Schedule.

[^f00017]: 1982 c.27.

[^f00018]: 1986 c.45.

[^f00019]: 1970 c.35.

[^f00020]: Column3 shows the fees which were payable by virtue of Schedule 2 to this Order immediately before the coming into force of this Schedule.

[^f00021]: 1982 c.27.

[^f00022]: 1986 c.45.

[^f00023]: 1970 c.35.

Editorial notes

[^key-0b660ca8f8a9f5bd4583953bff7dfcf3]: Art. 6(a) in force at 10.12.2012, see art. 1(1)

[^key-19811681e0ea0f4a4c3811d43d4758fc]: Word in sch. 1 heading C para. 12 substituted (9.12.2012) by The Court Fees (Miscellaneous Amendments) Scotland Order 2012 (S.S.I. 2012/322), arts. 1, 4(a)

[^key-2450a597bd85a13481ec06e2dbf667af]: Art. 2 in force at 10.12.2012, see art. 1(1)

[^key-36e695bcd8bdf1b06dfed20fde63919a]: Sch. 3 in force at 1.4.2014, see art. 1(3)

[^key-3e1133e697ca293e1ba5776b1071b456]: Word in art. 1 substituted (9.12.2012) by The Court Fees (Miscellaneous Amendments) Scotland Order 2012 (S.S.I. 2012/322), arts. 1, 3

[^key-501dee0a8d753c2dd6258ac64f0d340e]: Words in sch. 2 heading C para. 14 inserted (9.12.2012) by The Court Fees (Miscellaneous Amendments) Scotland Order 2012 (S.S.I. 2012/322), paras. 1, 5

[^key-504cb4c0700fdcfd161bb6534d50751e]: Sch. 1 in force at 10.12.2012, see art. 1(1)

[^key-54dbaeb10fef91887d0f09dddd69f7f9]: Art. 6(c) in force at 1.4.2014 (as amended by S.S.I. 2012/322, art. 3), see art. 1(3)

[^key-59f33b357140591129f4541c7808e5e2]: Words in sch. 1 heading H para. 1 substituted (9.12.2012) by The Court Fees (Miscellaneous Amendments) Scotland Order 2012 (S.S.I. 2012/322), arts. 1, 4(b)(i)

[^key-6554a1d49197e1cee11e4af245c9b8c4]: Art. 4 in force at 10.12.2012, see art. 1(1)

[^key-6c7e3b65a9ae6a1a73d2425c2577b440]: Art. 6(b) in force at 1.4.2013 (as amended by S.S.I. 2012/322, art. 3), see art. 1(2)

[^key-826abf0ae5bc86acce50a8001aa5ea07]: Sch. 2 in force at 1.4.2013, see art. 1(2)

[^key-b3b82625bb4aaff2e6804c90ae3ab21f]: Words in sch. 1 heading H para. 7 substituted (9.12.2012) by The Court Fees (Miscellaneous Amendments) Scotland Order 2012 (S.S.I. 2012/322), arts. 1, 4(b)(iii)

[^key-da3b4d2800e1439575911edaa98dceb0]: Word in sch. 1 heading H para. 7(c) substituted (9.12.2012) by The Court Fees (Miscellaneous Amendments) Scotland Order 2012 (S.S.I. 2012/322), arts. 1, 4(b)(ii)

[^key-dbdcbd6fa68979c98a14888eac671a5d]: Art. 5 in force at 10.12.2012, see art. 1(1)

[^key-dca40e81c4f6a289ca88b4e72d5a6be8]: Art. 3 in force at 10.12.2012, see art. 1(1)

[^key-e803cfc075a996515ac7a65bbc7c41a8]: Art. 1 in force at 10.12.2012, see art. 1(1)

[^M_F_3ff8e766-aabb-4c89-8481-237b8f0a980d]: Word in sch. 1 heading C para. 14 substituted (9.12.2012) by The Court Fees (Miscellaneous Amendments) Scotland Order 2012 (S.S.I. 2012/322), arts. 1, 4(a)

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