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The Litigants in Person (Costs and Expenses) (Sheriff Appeal Court) Order 2015

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Scottish Statutory Instruments

2015 No. 398

Sheriff Appeal Court

The Litigants in Person (Costs and Expenses) (Sheriff Appeal Court) Order 2015

Made

19th November 2015

Laid before the Scottish Parliament

20th November 2015

Coming into force

1st January 2016

The Scottish Ministers make the following Order in exercise of the powers conferred by section 1(2)(c) of the Litigants in Person (Costs and Expenses) Act 1975(1) and all other powers enabling them to do so.

Citation and commencement

1.  This Order may be cited as the Litigants in Person (Costs and Expenses) (Sheriff Appeal Court) Order 2015 and comes into force on 1st January 2016.

Specification of the Sheriff Appeal Court

2.  The Sheriff Appeal Court is specified for the purposes of section 1(2)(c) of the Litigants in Person (Costs and Expenses) Act 1975 (costs or expenses recoverable).

PAUL WHEELHOUSE

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

19th November 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order extends the application of the Litigants in Person (Costs and Expenses) Act 1975 to civil proceedings in the Sheriff Appeal Court. The effect is to allow a party litigant in such proceedings, in whose favour an order for expenses has been made, to recover sums in respect of work done by the party litigant in connection with the proceedings, and expenses and losses incurred. These are the same items as a represented litigant can claim.

(1)

1975 c.47, as relevantly amended by paragraph 6 of Schedule 8 to the Tribunals, Courts and Enforcement Act 2007 (c.15) and paragraph 26 of Part 1 of Schedule 9 to the Constitutional Reform Act 2005 (c.4). Section 1(3) has been modified by paragraph 2 of schedule 3 to the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The functions of the Lord Advocate were transferred to the Secretary of State by virtue of S.I. 1999/678 and the functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

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