The Court of Session etc. Fees Amendment Order 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Court of Session etc. Fees Order 1997 (“the 1997 Order”).

Article 3 inserts a new article 3(3) into the 1997 Order which has the effect of providing that a person to whom a fee is payable is not required to do any act in connection with the matter specified in relation to that fee without either prior payment of the fee or entering into an arrangement for payment for the fee.

Articles 4 and 5 make amendments to articles 5A and 5B of the 1997 Order making changes consequential upon the renumbering of certain matters specified in column 1 of the Table of Fees substituted into the 1997 Order by article 5 and Schedules 1 to 3 of this Order.

Article 6 and Schedules 1 to 3 specify new fee levels payable in the Office of Court, the office of the Accountant of Court and the office of the Auditor of the Court of Session, introducing new charges for some matters and abolishing charges for other matters.

The fee levels for the period from 10th December 2012 until 31st March 2013 are given effect by substituting the Table of Fees in Schedule 1 to the 1997 Order with the Table of Fees in Schedule 1.

The fee levels for the period from 1st April 2013 until 31st March 2014 are given effect by substituting the Table of Fees in Schedule 1 with the Table of Fees in Schedule 2.

The fee levels from 1st April 2014 onwards are given effect by substituting the Table of Fees in Schedule 2 with the Table of Fees in Schedule 3.