The Court of Session etc. Fees Order 1997

• Citation: S.I. 1997/688
• Sections: 76

Section 1 Citation and commencement

This Order may be cited as the Court of Session etc. Fees Order 1997 and shall come into force on 1st April 1997.

Section 2 Interpretation

(1) In this Order–

“Office of Court” has the same meaning as in rule 3.1(1) of the Rules of Court;

“Rules of Court” mean the Rules of the Court of Session 1994 ;

“Table of Fees” means the Table of Fees specified in Schedule 1 to this Order.

(2) For the purposes of any reference in this Order to a party–

(a) except in relation to a special case, a set of persons with the same interest, for whom one and the same first paper is or has been lodged, shall be treated as a single party; and

(b) in relation to a special case, each person or set of persons who appear as one of the separate parties to the case shall be treated as a party.

Section 3 Offices to which Order applies and officers to whom fees are payable

(1) This Order shall regulate the fees payable in the Office of Court, the office of the Accountant of Court and the office of the Auditor of the Court of Session.

(2) The fees regulated by this Order shall be payable–

(a) in relation to the Office of Court, to the Principal Clerk of Session or any officer acting for him;

(b) in relation to the office of the Accountant of Court, to the Accountant of Court or any officer acting for him; and

(c) in relation to the office of the Auditor of the Court of Session, to the Auditor of the Court of Session or any officer acting for him.

Section 4 Fees payable

(1) Subject to paragraph (2) and article 5 below, the fees payable in respect of the matters specified in column 1 of the Table of Fees shall be the fees specified in relation to those matters in column 2 of that Table (the fees previously payable being shown in column 3 of that Table).

(2) No fees shall be payable by a debtor in connection with any proceedings under the Debtors (Scotland) Act 1987 .

Section 5 Exemption of certain persons from fees in simplified divorce applications

The fees specified in items B4 and B5 of the Table of Fees shall not be payable by a person making a simplified divorce application who is in receipt of–

(a) income support or family credit under Part VII of the Social Security Contributions and Benefits Act 1992 ;

(b) an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 ); or

(c) advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of the simplified divorce application.

Section 6 Revocations

The Orders specified in Schedule 2 to this Order are 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)

Section 1

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

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

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 4

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

Section 4

Petition to be admitted as a solicitor:

For each applicant

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 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 Court, 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

Section 5

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

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

Caveat

Section 6

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

Section 6

For report on scheme of division –

basic fee

Section 6

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

Section 7

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

Section 7

Fiat

Section 7

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

Section 7

For certificate under seal

Section 8

Special case–

For each party

Section 8

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

Section 8

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

Section 8

For lodging consignation