Courts Reform (Scotland) Act 2014 (asp 18)

PART 4 S PROCEDURE AND FEES

Court fees S

107 Power to provide for fees for SCTS, court clerks and other officers S

(1) The Scottish Ministers may by order make provision for the charging of fees in respect of the carrying out of the functions of the Scottish Courts and Tribunals Service (“the SCTS”) or a relevant officer in connection with—

(a) proceedings in the Scottish Courts, or

(b) any other matter dealt with by a relevant officer.

(2) An order under subsection (1) may—

(a) in particular include provision—

(i) specifying, or for determining, the amount of fees,

(ii) specifying, or for determining, the persons or types of person who are to pay the fees,

(iii) specifying the times when, places where and persons to whom the fees are to be paid,

(iv) for exemptions from the requirement to pay fees,

(v) for the remission of fees,

(vi) for modification of fees,

(b) make different provision for different purposes or circumstances including, in particular, different provision for—

(i) different Scottish Courts,

(ii) different relevant officers,

(iii) different proceedings or types of proceedings.

(3) In this section—

• “relevant officer” means—

  (a)

  a clerk, deputy clerk or assistant clerk of any of the Scottish Courts,

  (b)

  the Accountant of Court,

  (c)

  the Auditor of the Court of Session,

  (ca)

  [F1 the auditor of the Sheriff Appeal Court,]

  (d)

  the auditor of a sheriff court,

  (e)

  any other officer who is a member of the staff of the SCTS,

• “Scottish Courts” means—

  (a)

  the Court of Session,

  (b)

  the High Court of Justiciary,

  (c)

  the court for hearing appeals under section 57(1)(b) of the Representation of the People Act 1983,

  (d)

  the election court in Scotland constituted under section 123 of that Act,

  (e)

  the Scottish Land Court,

  (f)

  the Lands Valuation Appeal Court,

  (g)

  the Sheriff Appeal Court,

  (h)

  sheriff courts,

  (i)

  justice of the peace courts.

(4) The Scottish Ministers may by order modify (either or both of) the definitions of “relevant officer” and “Scottish Courts” in subsection (3).

Textual Amendments

F1 Words in s. 107(3) inserted (28.11.2016) by The Courts Reform (Scotland) Act 2014 (Relevant Officer and Consequential Provisions) Order 2016 (S.S.I. 2016/387), arts. 1, 2

Commencement Information

I1 S. 107 in force at 1.4.2015 by S.S.I. 2015/77, art. 2(2)(3), Sch.