Section 107 – Power to provide for fees for SCTS, court clerks and other officers
189.Section 107 effectively restates and modernises the power conferred on the Scottish Ministers by section 2 of the Court of Law Fees (Scotland) Act 1895. Section 2 of the 1895 Act is consequentially repealed by schedule 5, paragraph 26. This consolidates and updates the law, for example by enabling an order on court fees to explicitly revoke an earlier order by virtue of section 6 of the Interpretation and Legislative Reform (Scotland) Act 2010.
190.This power permits the Scottish Ministers to set the fees that may be charged by the SCTS and (what the section describes as) “relevant officers” in relation their functions in providing court services. The power permits the Scottish Ministers (by order subject to the negative procedure) to make provision exempting persons from fees and provides that there may be different fees for different courts and types of proceeding. Subsection (4) permits the Scottish Minsters to modify the list of courts or officers covered by this section, by order. Such an order is subject to the affirmative procedure.
