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This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.
An Act to extend the jurisdiction of sheriffs in Scotland in relation to actions for divorce; to make provision as regards the sufficiency of evidence in certain actions for divorce in Scotland; to make new provision in Scotland as to the fees and outlays of counsel and solicitors in relation both to legal aid, and to the giving of legal advice and assistance under the Legal Advice and Assistance Act 1972; to make new provision in relation to the regulation of fees payable in the Scottish courts; and for connected purposes.
[11th April 1983]
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
In section 5 of the M1Sheriff Courts (Scotland) Act 1907 (which relates to the jurisdiction of sheriffs), after paragraph (2A) there shall be inserted—
“(2B)Actions for divorce”.
F1S. 2 repealed by Civil Evidence (Scotland) Act 1988 (c. 32, SIF 34), s. 10(1)(3), Sch.
F1S. 3 repealed by Legal Aid (Scotland) Act 1986 (c. 47, SIF 77:2), ss. 43, 45, Sch. 4 para. 3(1), Sch. 5
For section 2 of the M1Courts of Law Fees (Scotland) Act 1895 (which enables the High Court of Justiciary and the Court of Session to regulate court fees) there shall be substituted the following section—
(1)The Secretary of State may, with the concurrence of the Treasury, by order regulate the fees payable—
(a)to any officer of any office or department connected with the Scottish courts the expenses of which are paid wholly or partly out of the Consolidated Fund or out of moneys provided by Parliament; and
(b)to the district court.
(2)An order under subsection (1) above—
(a)may provide as to the times when, places where and persons to whom fees payable by virtue of this section are payable;
(b)may, in relation to any such fees, provide—
(i)for exemption from the requirement to pay them;
(ii)for their remission;
(iii)for their modification; and
(iv)as to the circumstances in which and persons by whom such exemptions, remissions and modifications may be made; and
(c)may make different provision in relation to—
(i)different courts; and
(ii)different cases or classes of case.
(3)In subsection (1) above, “the Scottish courts” means—
(a)the Court of Session;
(b)the High Court of Justiciary;
(c)the sheriff court;
(d)the court of commissioners for teinds (provision for which is made in section 8 of the Court of Session Act 1839);
(e)the court for hearing appeals under subsection (8)(b) of section 45 of the Representation of the People Act 1949 (appeals relating to the registration of electors);
(f)the election court constituted under section 110 of the said Act of 1949;
(g)the lands valuation appeal court (provision for which is made in section 7 of the Valuation of Lands (Scotland) Amendment Act 1879); and
(h)any other court specified as a Scottish court for the purposes of this section in an order made by the Secretary of State.
(4)An order under subsection (1) or (3)(h) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.”
Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983