The Court of Session etc. Fees Amendment Order 2009

Explanatory Note

(This note is not part of the Order)

This Order amends the Court of Session etc. Fees Order 1997 (“the 1997 Order”) and the Court of Session etc. Fees Amendment Order 2008 (“the 2008 Order”). This Order comes into force on 1st April 2009, except for article 2(2)(b) which comes into force on 6th April 2009.

Article 2(2)(b) amends the financial limit in article 5 of the 1997 Order in relation to the annual gross income taken into account for the calculation of the working tax credit for the purposes of exemption from court fees, increasing it from £16,017 to £16,642.

Article 2(2)(c) further amends article 5 of the 1997 Order by extending the exemption from fees to those persons in receipt of income-related employment and support allowance. This amendment takes account of the coming into force of section 1 of the Welfare Reform Act 2007 which introduced this new benefit.

Articles 2(3) and 2(4) correct cross-references in articles 5A and 5B, respectively, of the 1997 Order.

Article 3 makes various amendments to the Table of Fees in Schedule 2 to the 2008 Order. Schedule 2 to the 2008 Order comes into force on 1st April 2009. Article 3(2) makes amendments to fees in the General Department of the Central Office of the Court in the Table of Fees in that schedule. Article 3(2)(a) makes a minor adjustment in text in relation to sheriff officer fees. Article 3(2)(b) clarifies the charging policy with respect to different types of hearings. Article 3(2)(c) substitutes the fee for the summar roll.

Article 3(3) makes amendments to fees in the Petition Department of the Central Office of the Court in the Table of Fee in Schedule 2 to the 2008 Order. Article 3(3)(a), (b) and (f) remove fees which are no longer applicable. Article 3(3)(c), (d) and (g) clarifies the charging policy with respect to different types of hearings. Article 3(3)(e) substitutes the fee for the summar roll. Article 3(3)(h) substitutes the fee for the motion roll hearing.

Article 3(4) removes a fee in the Extracts Department of the Central Office of the Court in the Table of Fees in Schedule 2 to the 2008 Order.

Article 4 makes similar amendments to the Table of Fees in Schedule 3 to the 2008 Order as has been made to the Table of Fees in Schedule 2 to the 2008 Order in article 3 of this Order. Schedule 3 to the 2008 Order comes into force, and Schedule 2 to the 2008 Order ceases to have effect, on 1st April 2010.