Civil Litigation (Expenses and Group Proceedings) (Scotland) Act 2018 (asp 10)

SCHEDULE S AUDITORS OF COURT: MODIFICATION OF ENACTMENTS

Courts of Law Fees (Scotland) Act 1895 S

2 (1) The Courts of Law Fees (Scotland) Act 1895 is amended in accordance with this paragraph. S

(2) In section 3 (taxation of accounts in High Court of Justiciary)—

(a) the existing text becomes subsection (1),

(b) in that subsection—

(i) for “High Court of Justiciary”, in both places where it occurs, substitute “ relevant court ”,

(ii) for “said High Court” substitute “ relevant court ”,

(iii) for “auditor of the Court of Session” substitute “ relevant auditor of court ”,

(iv) for “regulations” substitute “ rules of court ”,

(v) for “actions in the Court of Session” substitute “ relevant civil proceedings ”,

(c) after that subsection insert—

“(2) In subsection (1)—

• “relevant court” means—

  (a)

  the High Court of Justiciary, or

  (b)

  the Sheriff Appeal Court, when exercising its jurisdiction in criminal proceedings,

• “relevant auditor of court” means—

  (a)

  where the relevant court is the High Court of Justiciary, the Auditor of the Court of Session,

  (b)

  where the relevant court is the Sheriff Appeal Court, the auditor of the Sheriff Appeal Court,

• “relevant civil proceedings” means—

  (a)

  where the relevant court is the High Court of Justiciary, proceedings in the Court of Session,

  (b)

  where the relevant court is the Sheriff Appeal Court, civil proceedings in that Court.”.

(3) The title of section 3 becomes “ Taxation of accounts in criminal proceedings ”

Commencement Information

I1 Sch. para. 2 in force at 30.1.2019 by S.S.I. 2018/368, reg. 2(o)