The High Court of Justiciary Fees Amendment Order 1994

Statutory Instruments

1994 No. 3266 (S.186)

HIGH COURT OF JUSTICIARY, SCOTLAND

The High Court of Justiciary Fees Amendment Order 1994

Made

8th December 1994

Laid before Parliament

20th December 1994

Coming into force

1st February 1995

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 High Court of Justiciary Fees Amendment Order 1994 and shall come into force on 1st February 1995.

2.  The High Court of Justiciary Fees Order 1984(2) shall be amended as follows:—

(a) for article 3 there shall be substituted the following article:—

“3.   The fees regulated by this order shall not be payable by the Crown (including any officer of the Crown as such or government department) in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.”;

(b) for the Table of Fees in the Schedule there shall be substituted the Table of Fees set out in the Schedule to this Order.

3.  The High Court of Justiciary Fees Amendment Order 1993(3) is hereby revoked.

Fraser of Carmyllie

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

5th December 1994

We concur,

Timothy Kirkhope

T J R Wood

Two of the Lords Commissioners of Her Majesty’s Treasury

8th December 1994

Article 2

SCHEDULE TABLE OF FEES

Column 1	Column 2	Column 3
(Matters)	(Fee payable)	(Fee formerly payable(4)
1.  Petitions to the Nobile Officium and applications for criminal letters (inclusive fee covering all steps in procedure)	£49.00	£46.00
2.  Extract convictions, per sheet or part thereof	£19.00	£18.00
3.  Certified copy of any other document	£ 9.00	£ 8.00 4.  Copying—all documents
(a) by manuscript or typrscript per sheet or part thereof	£ 6.00	£ 5.00
(b) by any other means per page: First copy— each of first 10 pages	£ 1.00	£ 1.00
each page after first 10	£ 0.30	£ 0.25
Subsequent copies: each page	£ 0.30	£ 0.25 5.  Searches—for any search of records or archives:
(a) for first half hour of time taken	£ 9.00	£ 8.00
(b) for more than one half hour up to a maximum of two hours	£21.00	£18.00
(c) for each half hour or part thereof in excess of two hours	£ 6.00	£ 5.00
(d) correspondence fee where applicable	£ 6.00	£ 5.00

Explanatory Note

(This note is not part of the Order)

This Order amends the High Court of Justiciary Fees Order 1984 by substituting for article 3 of that order a new article which restricts the Crown fee exemption to matters relating to the enforcement of the criminal law. The Order also increases from 1st February 1995 most of the fees payable to the Principal Clerk of Justiciary or any officer acting for him in relation to proceedings in the High Court of Justiciary.

(1)

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

(2)

S.I. 1984/252, amended by S.I. 1993/426.

(3)

S.I. 1993/426.

(4)

Column 3 shows the fees which were payable under S.I. 1984/252 as amended by S.I. 1993/426 before the coming into force f the High Court of Justiciary Fees Amendment Order 1994 (S.I. 1994/3266) on 1st February 1995.