Statutory Instrument 1996 No. 628 (S.63)

The Sheriff Court Fees Amendment Order 1996

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© Crown Copyright 1996

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1996 No. 628 (S.63)

SHERIFF COURT, SCOTLAND

The Sheriff Court Fees Amendment Order 1996

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895^[1] and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

Citation and commencement
    1.    This Order may be cited as the Sheriff Court Fees Amendment Order 1996 and shall come into force on 1st April 1996.

Amendment of Fees Order
    2.—(1)  The Sheriff Court Fees Order 1985^[2] shall be amended in accordance with the following provisions of this article.

    (2)  In article 2(1) (Interpretation), there shall be inserted after the definition of "extract decree" the following definitions:—
""minute" means a minute in terms of rule 14.2 of the Ordinary Cause Rules 1993^[3];
"motion" means—
(a) a written motion to which Chapter 15 of the Ordinary Cause Rules 1993 apply; and

(b) a written motion made in an undefended family action in terms of Chapter 33 of the Ordinary Cause Rules 1993 in which no notice of intention to defend has been lodged;" .





    (3)  After article 2(2) (Interpretation), there shall be inserted, as follows:—
"  (3)  The fees payable in respect of the matters referred to in paragraphs 35, 36 and 41 of the Table of Fees shall be payable on one occasion only in respect of a cause." .



    (4)  In article 5 (cases in which an extra fee is payable)—
 (a) in paragraph (1)—
 (i) for the words "ordinary roll", there shall be substituted the words "ordinary cause roll"; and
 (ii) for the word "action", wherever it appears, there shall be substituted the word "cause"; and
 (b) in paragraph (2) for the words "or bankruptcy proceedings", there shall be substituted the words ", bankruptcy proceedings or proceedings under section 4 of the Requirements of Writing (Scotland) Act 1995^[4]".

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

Revocation
    3.    Article 2(b) of the Sheriff Court Fees Amendment (No.2) Order 1993^[5] is hereby revoked.

James Douglas-Hamilton

Minister of State, Scottish Office
St Andrew's House, Edinburgh

29th February 1996
We concur,

Simon Burns

Liam Fox

Two of the Lords Commissioners of Her Majesty's Treasury

4th March 1996

[1] 1895 c. 14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12). back

[2] S.I. 1985/827, amended by S.I. 1993/2957. back

[3] S.I. 1993/1956. back

[4] 1995 c. 7. back

[5] S.I. 1993/2957. back

Explanatory Note