Statutory Instrument 1993 No. 3080 (S.293)

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993

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1993 No. 3080 (S.293)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 40 of the Sheriff Courts (Scotland) Act 1907^[1]and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement
    1.—(1)  This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 and shall come into force on 1st January 1994.

    (2)  This Act of Sederunt shall be inserted in the Books of Sederunt.

Fees for solicitors
    2.—(1)  Subject to sub-paragraph (2), Schedule 1 to this Act of Sederunt shall apply to work done and expenses or outlays incurred on or after the date on which this Act of Sederunt comes into force.

    (2)  Schedule 1 to this Act of Sederunt shall not apply to fees for work done, expenses or outlays incurred or to the taxation of accounts for which the Secretary of State may make regulations under and by virtue of section 14A of the Legal Aid (Scotland) Act 1967^[2] or section 33 of the Legal Aid (Scotland) Act 1986^[3].

Revocation and saving
    3.—(1)  The Acts of Sederunt specified in Schedule 2 to this Act of Sederunt are hereby revoked.

    (2)  Notwithstanding the revocation in sub-paragraph (1), the provisions of the Act of Sederunt (Fees of Solicitors in the Sheriff Court) 1989^[4]shall continue to have effect in respect of work done and expenses or outlays incurred before the coming into force of this Act of Sederunt.

J.A.D. Hope

Lord President I.P.D.
Edinburgh

3rd December 1993

[1] 1907 (c. 51); section 40 was amended by section 1(3) of the Secretaries of State Act 1926 (c. 18), the Schedule to the Administration of Justice (Scotland) Act 1933 (c. 41) and paragraph 7 of Schedule 1 to, and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12). back

[2] 1967 (c. 43); section 14A was inserted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983, section 3. The 1967 Act was repealed by the Legal Aid (Scotland) Act 1986 (c. 47), Schedule 5, but continues to apply in respect of legal aid granted prior to the 1986 Act coming into force, by virtue of paragraph 3 of Schedule 4 to the 1986 Act. back

[3] 1986 (c. 47); section 33 was amended by the Legal Aid Act 1988 (c. 34), Schedule 4, paragraph 5. back

[4] S.I. 1989/434, amended by S.I. 1990/716, 1991/848, 1992/748, 1992/1434 and 1993/898. back

Explanatory Note