2009 No. 87

HIGH COURT OF JUSTICIARY

The High Court of Justiciary Fees Amendment Order 2009

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2 of the Courts of Law Fees (Scotland) Act 18951 and all other powers enabling them to do so.

Citation and commencement1

This Order may be cited as the High Court of Justiciary Fees Amendment Order 2009 and comes into force on 6th April 2009.

Amendment of the High Court of Justiciary Fees Order 19842

In article 2A (Exemption of certain persons from fees) of the High Court of Justiciary Fees Order 19842–

a

at the end of paragraph (f) omit “or”;

b

in paragraph (g), for “£16,017” substitute “£16,642”3; and

c

at the end of paragraph (g), insert–

  • ; or

    1. a

      the person or his or her partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 20074.

FERGUS EWINGAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh

(This note is not part of the Order)

This Order amends the High Court of Justiciary Fees Order 1984 (“the 1984 Order”) to take account of the coming into force of section 1 of the Welfare Reform Act 2007 which introduced a new benefit, income-related employment and support allowance. This Order amends article 2A of the 1984 Order, which provides for the exemption of certain persons from fees, to include the new benefit within the exemption.

This Order also amends the financial limit in article 2A(g) of the 1984 Order in relation to the annual gross income taken into account for the calculation of the working tax credit for the purposes of exemption from court fees, increasing it from £16,017 to £16,642.