The Court of Session etc. Fees Amendment Order 1987

Statutory Instruments

1987 No. 38 (S. 5)

COURT OF SESSION, SCOTLAND

TEINDS

The Court of Session etc. Fees Amendment Order 1987

Made

13th January 1987

Laid before Parliament

30th January 1987

Coming into force

23rd February 1987

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895(1), and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

1.  This Order may be cited as the Court of Session etc. Fees Amendment Order 1987 and shall come into force on 23rd February 1987.

2.  In Part I of the Table of Fees in the Schedule to the Court of Session etc. Fees Order 1984(2) the following amendments shall be made:–

(a) for the entry in column 1 of item C1 there shall be substituted the following:–

“1.   Petition of whatever nature presented to Inner or Outer House other than a petition under item C2 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 from a Contracting State under the Civil Jurisdiction and Judgments Act 1982(3) – inclusive fee”;

(b) for the entry in column 1 of item G4 there shall be substituted the following:–

“4.   Certificate under the Judgments Extension Act 1868(4) or under the Civil Jurisdiction and Judgments Act 1982”.

Ian Lang

Parliamentary Under Secretary of State,Scottish Office

New St. Andrew’s HouseEdinburgh

18th December 1986

We concur,

Mark Lennox-Boyd

Tim Sainsbury

Two of the Lords Commissioners of Her Majesty’s Treasury

13th January 1987

Explanatory Note

(This note is not part of the Order)

This Order provides for the charging of fees in the Court of Session relating to registration and enforcement of judgments from certain European countries in terms of the Civil Jurisdiction and Judgments Act 1982.

(1)

1895 c. 14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland)Act 1983 (c. 12).

(2)

1984/256; the Table of Fees in the Schedule to that Order was substituted by S.I.1986/450.

(3)

1982 c. 27.

(4)

1868 c. 54.