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The Court of Session etc. Fees Amendment Order 2009

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Citation and commencement

1.—(1) This Order may be cited as the Court of Session etc. Fees Amendment Order 2009 and, subject to paragraph (2), comes into force on 1st April 2009.

(2) Article 2(2)(b) comes into force on 6th April 2009.

Amendment of the Court of Session etc. Fees Order 1997

2.—(1) The Court of Session etc. Fees Order 1997(1) is amended in accordance with the following paragraphs.

(2) Article 5 (exemption of certain persons from fees)(2) is amended as follows–

(a)at the end of paragraph (f), omit “or”;

(b)in paragraph (g), for “£16,017” substitute “£16,642”(3); and

(c)after paragraph (g), insert–

  • ; or

    (h)

    the person or his or her partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(4)..

(3) In Article 5A(2) (exemption of certain motions from fees)(5) for “B23 and C22” substitute “B26 and C24”.

(4) Article 5B (calculation of fees payable)(6) is amended as follows–

(a)in paragraph (1) for “B23 and C22” substitute “B26 and C24”; and

(b)in paragraph (2)–

(i)for “B23 and C22” substitute “B26 and C24”; and

(ii)omit “, C13 and C14”.

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

3.—(1) Part I (Fees in the Central Office of the Court) of the Table of Fees in Schedule 2 to the Court of Session etc. Fees Amendment Order 2008(7) (“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; and

(c)at paragraph 18, in column 2, 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 “95”;

(f)omit paragraph 17;

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

(h)at paragraph 20, in column 2, for “55” substitute “45”.

(4) Under the heading “G. Extracts Department”, omit paragraph 9.

4.—(1) Part 1 (Fees in the Central Office of the Court) in the Table of Fees in Schedule 3(8)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.

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th March 2009

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