The Court of Session etc. Fees Amendment Order 1999

• Citation: S.I. 1999/755
• Sections: 80

Section 1 Citation and commencement

This Order may be cited as the Court of Session etc. Fees Amendment Order 1999 and shall come into force on 1st April 1999.

Section 2 Amendment of Fees Order

(1) The Court of Session etc. Fees Order 1997 shall be amended in accordance with the following paragraphs.

(2) In article 4 (fees payable), for the words “and article 5”, substitute “and articles 5, 5A and 5B”.

(3) After article 5 (exemption of certain persons from fees in simplified divorce applications), insert the following–

Exemption of certain motions from fees

(5A)

(1) This article applies to motions which are enrolled in the process of the cause or made orally at the bar in accordance with rule 23.2 of the Rules of Court (enrolment of motions).

(2) The fees specified in items B23 and C22 of the Table of Fees shall not be payable in respect of motions which operate solely so as to activate further steps of procedure and any opposition to such motions.

(3) Without prejudice to the generality of paragraph (2) above, motions which are exempt from the payment of fees include motions under the following rules of the Rules of Court–

(a) rule 19.1 (decrees in absence);

(b) rule 22.3(5)(a) (closing record);

(c) rule 36.13 (death, disability, retiral, etc. of Lord Ordinary);

(d) rules 37.1(2)(b), 37.1(6) and 37.1(7) (applications for jury trial);

(e) rule 37.10 (application of verdicts);

(f) rule 38.17(1) (orders for hearing);

(g) rule 40.7(3) (procedure following transmission of appeal process);

(h) rule 40.11(1)(a) (early disposal of appeal) but only insofar as the motion relates to rule 40.7A (required application for early disposal of appeal against interlocutor other than final judgment);

(i) rule 40.15(1) (orders for hearing of appeal);

(j) rule 41.15(1) (motions for hearing of appeals); and

(k) rule 41.22(1) (motion for further procedure).

Calculation of fees payable

(5B)

(1) Subject to article 5A above, the fees specified in items B23 and C22 of the Table of Fees shall be payable in addition to those fees which are specified in items B2, B6 and C5 of the Table of Fees.

(2) The fees specified in items B23 and C22 of the Table of Fees shall not be payable in addition to those fees which are specified in items B9, B10 and B13 and C10, C13 and C14 of the Table of Fees.

(4) For the Table of Fees in Schedule 1, there shall be substituted the Table of Fees set out in the Schedule to this Order.

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:

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:

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

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–

Section 8

Registering official 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

Section 9

Application by minute or motion for variation of an order in a family action

Section 9

Issue of an abbreviate in sequestration

Section 9

Acknowledgement of receipt of an offer under section 9 of the Conveyancing Amendment (Scotland) Act 1938

Section 9

For producing or delivering up –

basic fee