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The Court Fees (Miscellaneous Amendments) (Scotland) Order 2016

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Citation and commencement

1.  This Order may be cited as the Court Fees (Miscellaneous Amendments) (Scotland) Order 2016 and comes into force on 28th November 2016.

Amendment of the Court of Session etc. Fees Order 2015

2.—(1) The Court of Session etc. Fees Order 2015(1) is amended as follows.

(2) In article 1(3) (commencement), for “1st April 2017” substitute “28th November 2016”.

(3) In article 2(1) (interpretation), in the definition of “partner”, for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(4) In article 3(2)(c) (fees payable in the Court of Session etc.) for “1st April 2017” substitute “28th November 2016”.

(5) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 1 of this Order.

Amendment of the High Court of Justiciary Fees Order 2015

3.—(1) The High Court of Justiciary Fees Order 2015(2) is amended as follows.

(2) In article 1(3) (commencement), for “1st April 2017” substitute “28th November 2016”.

(3) In article 2(1)(c) (fees payable in the High Court of Justiciary), for “1st April 2017” substitute “28th November 2016”.

(4) In article 3(3) (exemption of certain persons from fees), for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(5) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 2 of this Order.

Amendment of the Sheriff Appeal Court Fees Order 2015

4.—(1) The Sheriff Appeal Court Fees Order 2015(3) is amended as follows.

(2) In article 1(3) (commencement) for “1st April 2017” substitute “28th November 2016”.

(3) In article 2 (fees payable in the Sheriff Appeal Court)—

(a)in paragraph (1)(c), for “1st April 2017” substitute “28th November 2016”; and

(b)in paragraph (2), for “or any officer acting for the Clerk” substitute “, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court”.

(4) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 3 of this Order.

Amendment of the Sheriff Court Fees Order 2015

5.—(1) The Sheriff Court Fees Order 2015(4) is amended as follows.

(2) In article 1(3) (commencement) for “1st April 2017” substitute “28th November 2016”.

(3) In article 2 (interpretation), in the definition of “partner”, for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(4) In article 3(1)(c) (fees payable in sheriff courts)—

(a)in head (i), for “1st April 2017” substitute “28th November 2016”; and

(b)in head (ii), for “1st April 2017” substitute “28th November 2016”.

(5) In article 7 (cases in which an extra fee is payable)—

(a)in paragraph (1), after “summary cause” insert “or simple procedure case”; and

(b)in paragraph (2), after “bankruptcy” insert “proceedings”.

(6) For the Tables of Fees in schedule 3 (fees payable from 1st April 2017) substitute in the appropriate places the Tables of Fees in schedule 4 of this Order.

Amendment of the Justice of the Peace Court Fees (Scotland) Order 2015

6.—(1) The Justice of the Peace Court Fees (Scotland) Order 2015(5) is amended as follows.

(2) In article 1(3) (commencement) for “1st April 2017” substitute “28th November 2016”.

(3) In article 2(1)(c) (fees payable in justice of the peace courts), for “1st April 2017” substitute “28th November 2016”.

(4) In article 3(3) (exemption of certain persons from fees), for “registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004” substitute “in a civil partnership”.

(5) For the Table of Fees in schedule 3 (fees payable from 1st April 2017) substitute the Table of Fees in schedule 5 of this Order.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

27th October 2016

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