Statutory Instruments

1989 No. 1365 (S.113)

SCOTTISH LAND COURT

The Scottish Land Court (Fees) Order 1989

Made

27th July 1989

Laid before Parliament

11th August 1989

Coming into force

1st September 1989

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 Scottish Land Court (Fees) Order 1989 and shall come into force on 1st September 1989.

2.—(1) This Order shall regulate the fees payable in respect of proceedings before the Scottish Land Court.

(2) The fees regulated by this Order shall be payable to the Principal Clerk of the Scottish Land Court or any officer acting for him.

Fees Payable

3. The fees payable in respect of the matters specified in column 1 of the table of fees in the Schedule to this Order shall be the fees specified in relation to those matters in column 2 of that table (the fees formerly payable being shown in column 3 of that table(2).

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

26th July 1989

We concur

David Lightbown

Kenneth Carlisle

Two of the Lords Commissioners of Her Majesty’s Treasury

27th July 1989

Article 3

SCHEDULETABLE OF FEES

Column 1	Column 2	Column 3
Matters	Fee payable	Fee formerly payable(3)
	£	£
(1) Small Landholders (Scotland) Acts 1886 to 1931, Crofters (Scotland) Acts 1955 and 1961(4) and Crofting Reform (Scotland) Act 1976(5)
(a)Application for a Record of a holding or a croft Principal application (each applicant)	40.00	40.00
For each respondent	5.00	5.00
(b)Recording agreements for loan by— (i)the Department of agriculture and Fisheries for Scotland and (ii)the Highlands and islands Development board Each agreement	20.00	20.00
(c)Other applications Principal applications	15.00	15.00
When more than one applicant (each additional applicant)	10.00	10.00
For each respondent	2.00	2.00
(d)Appeals and motions for rehearing
Each appelland or motioner	20.00	20.00
Each respondent	2.00	2.00
(e)Hearing fee payable by applicant for each day or part thereof the Court sits or inspects	25.00	25.00
(2) Sheep Stocks valuation (Scotland) Act 1937(6) Hill Farming Act 1946(7), Agriculture (Scotland) Act 1948(8), Agricultural Holdings (Scotland) Act 1949(9), Agriculture Act 1958(10), Agriculture (Miscellaneous Provisions) 1968(11) and Agricultural Holdings (Amendment) (Scotland) Act 1983(12) and agricultural Act 1986(13)
(a)Valuation of sheep stocks
Awards not exceeding £100	5.00	5.00
Awards exceeding £100:
For the first £100 thereof	5.00	5.00
For every additional £100 or part thereof	2.00	2.00
Where application dismissed or withdrawn before valuation	50.00	50.00
(b)Determination of questions uner section 5 and 39(1)(b) of the Hill Farming Act 1946 Principal application	30.00	30.00
For each respondent	10.00	10.00
(c)Arbitgations as to rents Rental as fixed by Court, not exceeding £500	50.00	50.00
Rental fixed by Court exceeding £500 for the first £500	50.00	50.00
For every additional £100 or part thereof	7.50	7.50
Where application dismissed or withdrawn before rent fixed	50.00	50.00
(d)Appeals against award by an arbiter
Fee payable on lodging appeal	50.00	50.00
Rental as fixed by Court not exceeding £500	25.00	25.00
Rental as fixed by Court exceeding £500:
For the first £500	25.00	25.00
For every additional £100 or part thereof	3.00	3.00
(e)Claims for compensation
Awards not exceeding £100	10.00	10.00
Awards exceeding £100:
For the first £100 thereof	10.00	10.00
For every additional £100 thereof	5.00	5.00
Where application dismissed por withdrawn before compensation fixed	50.00	50.00
(f)Other applications
Principal application	50.00	50.00
When more than one applicant (each additional applicant)	30.00	30.00
For each respondent	20.00	20.00
(g)Appeals and motions for rehearsing Each appellant, or motioner for rehearing	25.00	25.00
(h)Hearings For every day the Court sits or part thereof—payable by the applicant	40.00	40.00
(i)Additional fee Where the application is dismissed or withdrawn after the hearing order has been received by each party—payable by the applicant	50.00	50.00
(3) Miscellaneous
(a)For making a copy or copies of the principal application or any part of it, or any order in it, or any original deed, writ, or document in process
For each sheet	0.80	0.80
For certifying such copy	5.00	5.00
(b)Applications not otherwise specified
Principal application	50.00	50.00
When more than one applicant (each additional applicant)	30.00	30.00
For each respondent	20.00	20.00
(c)Hearings
For every day the court sits or part thereof—payable by the applicant.	40.00	40.00
(d)Additional fee
Where the application is dismissed or withdrawn after the hearing order has been received by each party—payable by the applicant	50.00	50.00

Explanatory Note

(This note is not part of the Order)

This Order prescribes the fees payable in respect of applications to the Scottish Land Court following its designation as a Scottish Court for the purposes of section 2 of the Courts of Law Fees (Scotland) Act 1895.

The fees prescribed in this Order replace those currently payable in terms of the Scottish Land Court Rules 1979 the relevant provisions of which are revoked by the Scottish Land Court Amendment Rules 1989. There is no uprating of the fees currently payable.

(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)

Fees formerly payable under the Scottish Land Court Rules 1979, S.I. 1979/379 as amended by S.I. 1988/1933, the relevant provisions of which are revoked by S.I. 1989/1367.

(3)

This column shows the fees formerly payable under the Scottish Land Court Rules 1979, S.I. 1979/379 as amended by S.I. 1988/1933.

(4)

1955 c. 21 and 1961 c. 58.

(5)

(6)

(7)

(8)