The Sheriff Court Fees Order 2018

Exemptions for applicants for certain interdicts and orders

12.—(1) The fees provided for by this Order are not payable by a person applying for a specified interdict or for an exclusion order.

(2) In this article—

(a) “specified interdict” means an interdict or interim interdict that is—

(i) a matrimonial interdict within the meaning of section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981(1) (interdict competent where spouses live together);

(ii) a domestic interdict within the meaning of section 18A of that Act(2) (meaning of “domestic interdict”);

(iii) a relevant interdict under section 113(2) of the Civil Partnership Act 2004(3) (civil partners: competency of interdict); or

(iv) otherwise an interdict in respect of which there is an application for a power of arrest to be attached under section 1 of the Protection from Abuse (Scotland) Act 2001(4) (attachment of power of arrest to interdict); and

(b) “exclusion order” means an exclusion order under—

(i) section 4 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981(5) (exclusion orders);

(ii) section 76 of the Children (Scotland) Act 1995(6) (exclusion orders etc.); or

(iii) section 104 of the Civil Partnership Act 2004 (exclusion orders).

(3) The exemption in paragraph (1) does not apply to a person applying for a principal remedy other than a specified interdict or exclusion order.

(1)

1981 c.59. Section 14 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 10(2) and (3) and schedule 3 and by S.S.I. 2006/384, article 6.

(2)

Section 18A was inserted by the Family Law (Scotland) Act 2006 ( asp 2), section 31(3).

(3)

2004 c. 33. Section 113 was amended by the Family Law (Scotland) Act 2006, schedule 1, paragraph 8 and schedule 3 and by S.S.I. 2006/384, article 10.

(4)

2001 asp 14. Section 1 was amended by the Family Law (Scotland) Act 2006, section 32(2) and (3).

(5)

Section 4 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 13(5). By virtue of section 18(3) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, section 4 applies in certain cases to cohabiting couples.

(6)

1995 c.36. There are amendments to section 76 not relevant to this Order.