The Court of Session etc. Fees Amendment Order 2009

Amendment of the Court of Session etc. Fees Amendment Order 2008

This section has no associated Executive Note

4.—(1) Part 1 (Fees in the Central Office of the Court) in the Table of Fees in Schedule 3(1)to the 2008 Order is amended in accordance with the following paragraphs.

(2) Under the heading “B. GENERAL DEPARTMENT”–

(a)at paragraph 5, in columns 2 and 3, for “Charge of the sheriff officer to serve document plus £10” substitute “£10 plus Messengers at Arms' fee”;

(b)at paragraph 16, in column 1, for “For the items in B17 to B25 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof– For every 30 minutes or part thereof” substitute–

  • “For the items in B17 to B25, except B22 and B23 where there is no fee for the first 30 minutes, the fee is payable by each party appearing at the hearing–

    • For every 30 minutes or part thereof”;

(c)at paragraph 18, in column 2, for “45” substitute “100”; and

(d)at paragraph 18, in column 3, for “45” substitute “95”.

(3) Under the heading “C. PETITION DEPARTMENT”–

(a)omit paragraph 9;

(b)omit paragraph 13;

(c)at paragraph 14, in column 1, for “For the items in C15 to C23 the fee is payable by each party appearing at the hearing after first 30 minutes or part thereof– For every 30 minutes or part thereof” substitute–

  • “For the items in C15 to C23, except C20 and C21 where there is no fee for the first 30 minutes, the fee is payable by each party appearing at the hearing–

    • For every 30 minutes or part thereof”;

(d)at paragraph 15, in column 1, for “Proof or Procedure Roll” substitute “Proof, Procedure Roll or other Hearing”;

(e)at paragraph 16, in column 2, for “45” substitute “100”;

(f)at paragraph 16, in column 3, for “45” substitute “95”;

(g)omit paragraph 17;

(h)at paragraph 18, in column 1, omit “(other than Proof or Procedure Roll, Jury Trial, Motion Roll hearing or hearings or out of hours)”;

(i)at paragraph 20, in column 2, for “55” substitute “45”; and

(j)at paragraph 20, in column 3, for “55” substitute “45”.

(4) Under the heading “G. EXTRACTS DEPARTMENT”, omit paragraph 9.

(1)

Schedule 3 to the 2008 Order comes into force, and Schedule 2 to that Order ceases to have effect, on 1st April 2010.