Search Legislation

The Court of Session etc. Fees Amendment Order 2012

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Article 6(a)

SCHEDULE 1TABLE OF FEES

This schedule has no associated Policy Notes

Fees payable from 10th December 2012

Column 1

(Matters)

Column 2

(Fee payable)

£

Column 3

(Fee formerly

payable(1))

£

PART I – FEES IN THE CENTRAL OFFICE OF THE COURT
A. SIGNETING
Signeting of any writ or summons if attendance is necessary outwith normal office hours111105
B. GENERAL DEPARTMENT
1. Appeal, application for leave to appeal, summons or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House (to include signeting in normal office hours)191180
2. Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding, other than a family action191180
3. Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to include signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table and to the defender, if appropriate, of a duplicate extract)148140
4. Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)111105
5. In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is requiredMessenger at arms fee to serve document plus £11Messenger at arms fee to serve document plus £10
6. Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action148140
7. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed6460
8. Special case—
for each party9590
maximum fee payable per case387365
9. Application by minute or motion for variation of an order in a family action3230
10. Answers or opposition to an application under item B9 of this Table3230
11. Letter of request to a foreign court4845
12. Citation of each jury, to include outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept265250
13. Reclaiming motion - payable by party enrolling motion191180
14. Closed record – payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined9590
15. Allowing proof, etc. - payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed5350
16. Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof8545(2)
17. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof212100(3)
18. Court hearing (other than motion roll or single bill) (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof10255(4)
19. Court hearing (out of hours) before three or more judges – payable by each party for every 30 minutes or part thereof254125(5)
20. Cancellation of court hearing before three or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties50% of fee that would have been payable under this Table had the court hearing taken place as plannedn/a
21. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion4845
C. PETITION DEPARTMENT
1. Petition of whatever nature presented to the Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 1982(6)191180
2. Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours111105
3. Petition to be admitted as a notary public—
for each applicant143135
4. Petition to be admitted as a solicitor—
for each applicant143135
5. Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies191180
6. Caveat4545
7. Fiat4845
8. Registering official copies of orders of courts in England and Wales or Northern Ireland1615
9. Reclaiming motion – payable by party enrolling motion191180
10. Closed record – payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined9590
11. Allowing proof, etc. – payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed5350
12. Court hearing (other then a motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof8545(7)
13. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof212100(8)
14. Court hearing (other then a motion roll or single bill) (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof10255(9)
15. Court hearing (out of hours) before 3 or more judges – fee payable by each party for every 30 minutes or part thereof254125(10)
16. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties50% of fee that would have been payable under this Table had the court hearing taken place as plannedn/a
17. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion4845
18. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986(11)191180
D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS
Appeal – inclusive fee191180
E. ELECTION COURT
1. Parliamentary election petition191180
2. Statement of matters1615
3. Any other petition, application, answers or objections submitted to the court4845
4. Certificate of judgement4845
F. LANDS VALUATION APPEAL COURT
1. Appeal - inclusive fee191180
2. Answers - inclusive fee191180
G. EXTRACTS DEPARTMENT
1. Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise5350
2. Extract of admission as a solicitor4845
3. Extract of protestation4845
4. Certificate under the Civil Jurisdiction and Judgments Act 19824845
5. Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership—
(a)

extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table

2725
(b)

certificate of divorce in decree pronounced prior to 23rd September 1975

2725
(c)

certified copy interlocutor in decree pronounced prior to 23rd September 1975

2725
6. Extract from the Register of Acts and Decrees – per sheet or part thereof2725
7. Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise2725
8. Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 1970(12)4845
PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT
H. OFFICE OF THE ACCOUNTANT OF COURT
I. In Factories
1. Registering case and receiving and delivering up bond of caution202035(13)
2. Examining factor’s inventory – 0.333% of the value of the estate as disclosed
(a)

minimum fee payable

2625
(b)

maximum fee payable

641610
3. Auditing each account, based on estate value15 plus 17.5% of factor’s commission
(a)

£0 - £30,000

100
(b)

£30,001 - £50,000

200
(c)

£50,001 - £250,000

500
(d)

£250,001 - £500,000

750
(e)

£500,001 and over

1,000
4. Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division50110
5. Certificate under seal1525
II. In Consignations
6. Lodging consignation3020

7. Producing or delivering up consignation, based on consignation value—

(a)

consignation value £0 - £50 and less than 7 years since lodged

No charge20
(b)

consignation value over £51 and less than 7 years since lodged

3020
(c)

consignation value £0 - £70 and over 7 years since lodge

No Charge20
Consignation value over £71 and over 7 years since lodged5020
PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION
I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION
1. Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation—
(a)

Lodging account for taxation

3735
(b)

Taxing accounts for expenses etc.

(i)

up to £400

2020
(ii)

for every additional £100 or part thereof

55
Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted
2. Assessing account remitted to the Auditor to determine whether an additional fee should be paid254240
3. Cancellation of diet of taxation–
(a)

where written notice of cancellation received by receiving party after 4.00 pm on the fourth working day prior to the diet of taxation

50% of fee that would have been payable under item I1(b) of this Table50% of fee that would have been payable under item I1(b) of this Table
(b)

where written notice of cancellation received by receiving party after 4.00 pm on the working day before or the day of the diet of taxation

75% of fee that would have been payable under item I1(b) of this Table75% of fee that would have been payable under item I1(b) of this Table
PART IV – FEES COMMON TO ALL OFFICES
J. MISCELLANEOUS
1. Certified copy of proceedings for appeal to the Supreme Court191180
2. Certifying of any other document (plus copying charges if necessary)1615
3. Recording, extracting, engrossing or copying- all documents (exclusive of search fee)—
(a)

copying of each document, up to 10 pages

55
(b)

copying of each further page or part thereof

0.500.50
(c)

copying of each document in electronic form

55
4. Any search of records or archives—
(a)

up to 30 minutes

1615
(b)

more than 30 minutes up to 2 hours

3735
(c)

each additional 30 minutes in excess of 2 hours

1110
(d)

in addition, correspondence fee where applicable

1110
5. Captions—
(a)

marking caption when ordered

1110
(b)

warrant for caption when issued

1110
6. Change of party name where more than 10 cases are registered – per case2n/a
(1)

Column 3 shows the fees which were payable under S.I. 1997/688 immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended so that no direct comparison can be made with the fee formerly payable.

(2)

The fee formerly payable relates to matters B17. (Proof or Procedure Roll), B18. (Summar roll), B19. (Jury Trial) and B20. (Outer House Hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(3)

The fee formerly payable relates to matter B21. (Inner House hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(4)

The fee formerly payable relates to matter B24. (Outer House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(5)

The fee formerly payable relates to matter B25. (Inner House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(7)

The fee formerly payable relates to matters C15. (Proof or Procedure Roll), C16. (Summar roll), C17. (Jury Trial) and C18. (Outer House Hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(8)

The fee formerly payable relates to matter C19. (Inner House hearing) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(9)

The fee formerly payable relates to matter C22. (Outer House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(10)

The fee formerly payable relates to matter C23. (Inner House hearings out of hours) in Schedule 1 to S.I. 1997/688 immediately before the coming into force of this Schedule.

(11)

1986 c.45.

(12)

1970 c.35.

(13)

The previous fee for registering a case and delivering up a bond of caution was £20 in relation to Sheriff Court appointments and £35 in relation to Court of Session appointments. The new fee of £20 is now to be charged in relation to appointment in either court.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources