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The Courts Reform (Scotland) Act 2014 (Regulation of Fees) (Specified Persons) Order 2018

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Scottish Statutory Instruments

2018 No. 158

Court Of Session

Sheriff Appeal Court

Sheriff Court

The Courts Reform (Scotland) Act 2014 (Regulation of Fees) (Specified Persons) Order 2018

Made

16th May 2018

Laid before the Scottish Parliament

18th May 2018

Coming into force

29th June 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by section 105(1)(f) and 106(1)(f) of the Courts Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.

In accordance with sections 105(4) and 106(4) of that Act they have consulted with the Lord President of the Court of Session.

Citation and commencement

1.  This Order may be cited as the Courts Reform (Scotland) Act 2014 (Regulation of Fees) (Specified Persons) Order 2018 and comes into force on 29th June 2018.

Power to regulate fees in the Court of Session

2.  The following persons are specified for the purposes of section 105(1)(f) of the Courts Reform (Scotland) Act 2014 (power to regulate fees in the Court of Session)—

(a)members of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(2), but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act; and

(b)persons preparing transcripts of evidence.

Power to regulate fees in the sheriff court and the Sheriff Appeal Court

3.  The following persons are specified for the purposes of section 106(1)(f) of the Courts Reform (Scotland) Act 2014 (power to regulate fees in the sheriff court and the Sheriff Appeal Court)—

(a)members of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act; and

(b)persons preparing transcripts of evidence.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th May 2018

EXPLANATORY NOTE

(This note is not part of the Order)

This Order specifies additional persons in respect of whom the Court of Session may exercise their powers under sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014 to make acts of sederunt concerning the fees, including the fees recoverable in an award of judicial expenses, of various persons in relation to proceedings in the Court of Session, the Sheriff Appeal Court and the sheriff court.

Articles 2 and 3 specify that the additional persons are—

  • persons who have the right to conduct litigation, or have rights of audience, by virtue of the granting of an application made under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and

  • persons preparing transcripts of evidence.

(2)

1990 c.40; section 25 has been amended by schedule 5, paragraph 3(10) of the Legal Profession and Legal Aid (Scotland) Act 2007 (asp 5) and by S.S.I. 2014/232.

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