The Court Fees (Miscellaneous Amendments) (Scotland) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the following Orders (“the Court Fees Orders”)—

• the Court of Session etc. Fees Order 2015 (see article 2 and schedule 1);

• the High Court of Justiciary Fees Order 2015 (see article 3 and schedule 2);

• the Sheriff Appeal Court Fees Order 2015 (see article 4 and schedule 3);

• the Sheriff Court Fees Order 2015 (see article 5 and schedule 4); and

• the Justice of the Peace Court Fees (Scotland) Order 2015 (see article 6 and schedule 5).

In each of the Court Fees Orders, the existing Tables of Fees in schedule 3 are replaced by substituted Tables of Fees from the schedules of this Order. Some fees are to be increased beyond the figures in existing schedule 3 whereas in other cases the fees are to remain as they have been from 1st April 2016. The following textual amendments are made to the Court Fees Orders—

• consequential amendments in connection with the introduction of simple procedure on 28th November 2016;

• in the Sheriff Appeal Court Fees Order 2015 the position of the auditor of the Sheriff Appeal Court is provided for and fees narratives for items 1 to 5 have been updated to reference rules of court;

• in each of the Court Fees Orders other than the Sheriff Appeal Court Fees Order 2015 the definition of civil partnership is amended to reflect the drafting approach in the Sheriff Appeal Court Fees Order 2015; and

• the fees entries for copying have been aligned with the approach in the Sheriff Court Fees Order 2015.