The Court of Session etc. Fees Amendment Order 1996

• Citation: S.I. 1996/514
• Sections: 75

Section 1

This Order may be cited as the Court of Session etc. Fees Amendment Order 1996 and shall come into force on 1st April 1996.

Section 2

For the Table of Fees in the Schedule to the Court of Session etc. Fees Order 1984 there shall be substituted the Table of Fees set out in the Schedule to this Order.

Section 3

The Court of Session etc. Fees Amendment Order 1994 is hereby revoked.

Section 1

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— fee (to comprehend signeting in normal office hours and all work up to closed record or, where no closed record is lodged, the determination of the mode of enquiry but excluding items B17 and B18 of this Table)

Section 1

Petition of whatever nature presented to Inner or Outer House other than a petition under item C3 or C3A 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

Section 1

Parliamentary election petition

Section 1

Appeal— inclusive fee

Section 1

Extract decree following upon a summons, petition or appeal, or after protestation of a note, and whether in absence or otherwise

Section 1

For registering case and receiving and delivering up bond of caution—

in Court of Session appointments

Section 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:

(a) Auditor’s fee on lodging account for taxation

Section 1

Certified copy of proceedings for appeal to the House of Lords

Section 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 cause or proceeding other than a family action

Section 2

Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours

Section 2

Statement of matters

Section 2

Answers— inclusive fee

Section 2

Extract of admission as a solicitor

Section 2

For examining factor’s inventory— 0.333% of the value of the estate as disclosed

minimum fee payable

Section 2

Certifying of any other document (plus copying charges if necessary)

Section 3

Writ by which a family action is originated (other than a simplified divorce application)— inclusive fee (to comprehend signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table, and to the defender, if appropriate, of a duplicate thereof)

Section 3

Petition to be admitted as a notary public:

For each applicant

Section 3

Any other petition, application, answers or objections submitted to the court

Section 3

Extract of protestation

Section 3

For auditing each account—

basic fee

Section 3

Recording, engrossing, extracting or copying— all documents:

(a) By manuscript or typescript— per sheet or part thereof

Section 3A

Petition to be admitted as a solicitor:

For each applicant

Section 4

Simplified divorce application (inclusive of all procedure other than that specified in item B5 of this Table)

Section 4

Answers, objections 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 item C1 of this Table applies

Section 4

Certificate of judgement

Section 4

Certificate under the Civil Jurisdiction and Judgments Act 1982

Section 4

For reporting re discharge, special powers or on other special matters

Section 4

Searches— for any search of records or archives:

(a) For first half hour of time taken

Section 4A

For granting consent in terms of section 2(4) of the Trusts (Scotland) Act 1961 and rule 61.14 of the Rules of the Court of Session 1994

Section 5

In relation to a simplified divorce application, citation of any person under rule 16.1(1)(a)(i), (ii) or (iii) as applied by rule 49.76, of the Rules of the Court of Session 1994 , or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii) as applied by rule 49.76 of those Rules, where such intimation is required by the court

Section 5

Caveat

Section 5

Documentation evidencing divorce, nullity or dissolution of marriage:

(a) Extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table

Section 5

For report on scheme of division—

basic fee

Section 5

Captions:

(a) Marking caption when ordered

Section 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

Section 6

Fiat

Section 6

Extract from the Register of Acts and Decrees— per sheet or part thereof

Section 6

For certificate under seal

Section 6

Rolls of Court— annual subscription fee per copy including delivery of same

Section 6A

Fee for initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

Section 7

Special case—

For each party

Section 7

Registering office copies of orders of courts in England and Wales or Northern Ireland

Section 7

Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

Section 7

For lodging consignation

Section 8

Application by Minute or Motion for variation of an order in a family action

Section 8

Authentication by judge of act of warrant in terms of section 70 of the Bankruptcy (Scotland) Act 1913

Section 8

Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970