SCHEDULE 1TABLE OF FEES

Article 6(a)

Annotations:
Commencement Information

I1Sch. 1 in force at 10.12.2012, see art. 1(1)

Fees payable from 10th December 2012

Column 1

(Matters)

Column 2

(Fee payable)

£

Column 3

(Fee formerly

payable3)

£

PART I – FEES IN THE CENTRAL OFFICE OF THE COURT

A. SIGNETING

Signeting of any writ or summons if attendance is necessary outwith normal office hours

111

105

B. GENERAL DEPARTMENT

1. Appeal, application for leave to appeal, summons or other writ or step by which any cause or proceeding, other than a family action, is originated in either the Inner or Outer House (to include signeting in normal office hours)

191

180

2. Defences, answers or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes an appearance in a course or proceeding, other than a family action

191

180

3. Writ by which a family action is originated (other than a simplified divorce or dissolution of a civil partnership application) – inclusive fee (to include signeting within normal office hours and, if applicable, issue to the pursuer of an extract in terms of item G5(a) of this Table and to the defender, if appropriate, of a duplicate extract)

148

140

4. Simplified divorce or dissolution of a civil partnership application (inclusive of all procedure other than that specified in item B5 of this Table)

111

105

5. In relation to a simplified divorce or dissolution of a civil partnership application, citation of any persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of the Rules of Court, or intimation to any person or persons under rule 16.1(1)(a)(i), (ii) or (iii), as applied by rule 49.76, of those Rules, where such intimation is required

Messenger at arms fee to serve document plus £11

Messenger at arms fee to serve document plus £10

6. Defences, answers or other writ (including a joint minute) or step in process or enrolment of or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a family action

148

140

7. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed

64

60

8. Special case—

for each party

95

90

maximum fee payable per case

387

365

9. Application by minute or motion for variation of an order in a family action

32

30

10. Answers or opposition to an application under item B9 of this Table

32

30

11. Letter of request to a foreign court

48

45

12. Citation of each jury, to include outlays incurred in citing and countermanding - payable on receipt of instruments for issue of precept

265

250

13. Reclaiming motion - payable by party enrolling motion

191

180

14. Closed record – payable by each party on the lodging of the closed record or, where no closed record is lodged, when mode of enquiry is determined

95

90

15. Allowing proof, etc. - payable by each party on diet of proof, jury trial, procedure roll or summar roll hearing being allowed

53

50

16. Court hearing (other than motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof

85

454

17. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof

212

1005

18. Court hearing (other than motion roll or single bill) (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof

102

556

19. Court hearing (out of hours) before three or more judges – payable by each party for every 30 minutes or part thereof

254

1257

20. Cancellation of court hearing before three or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties

50% of fee that would have been payable under this Table had the court hearing taken place as planned

n/a

21. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

48

45

C. PETITION DEPARTMENT

1. Petition of whatever nature presented to the Inner or Outer House other than a petition under item C3 or C4 of this Table, whether in respect of the first or any subsequent step of process, and any application for registration or recognition of a judgment under the Civil Jurisdiction and Judgments Act 19828

191

180

2. Additional fee payable when a petition in terms of item C1 of this Table is presented outwith normal office hours

111

105

3. Petition to be admitted as a notary public—

for each applicant

143

135

4. Petition to be admitted as a solicitor—

for each applicant

143

135

5. Answers, objection or other writ (including a joint minute) or step in process or enrolment or opposition to a motion in a pending process by which a party other than an originating party first makes appearance in a proceeding to which item C1 of this Table applies

191

180

6. Caveat

45

45

7. Fiat

48

45

8. Registering official copies of orders of courts in England and Wales or Northern Ireland

16

15

9. Reclaiming motion – payable by party enrolling motion

191

180

10. Closed record – payable by each party on the lodging of the closed record or, when no closed record is lodged, when mode of enquiry is determined

95

90

11. Allowing proof, etc. – payable by each party on diet of proof, procedure roll, summar roll or judicial review hearing being allowed

53

50

12. Court hearing (other F1than a motion roll or single bill) (in normal hours) before a single judge – payable by each party for every 30 minutes or part thereof

85

459

13. Court hearing (in normal hours) before 3 or more judges – payable by each party for every 30 minutes or part thereof

212

10010

14. Court hearing (other F2than a motion roll or single bill) (out of hours) before a single judge – payable by each party for every 30 minutes or part thereof

102

5511

15. Court hearing (out of hours) before 3 or more judges – fee payable by each party for every 30 minutes or part thereof

254

12512

16. Cancellation of court hearing before 3 or more judges, by a party or parties, within 28 days of court hearing date – fee payable is shared equally between parties

50% of fee that would have been payable under this Table had the court hearing taken place as planned

n/a

17. Fee payable by any party enrolling a motion or making a motion orally at the bar and any party opposing any such motion

48

45

18. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 198613

191

180

D. COURT FOR HEARING APPEALS RELATING TO THE REGISTRATION OF ELECTORS

Appeal – inclusive fee

191

180

E. ELECTION COURT

1. Parliamentary election petition

191

180

2. Statement of matters

16

15

3. Any other petition, application, answers or objections submitted to the court

48

45

4. Certificate of judgement

48

45

F. LANDS VALUATION APPEAL COURT

1. Appeal - inclusive fee

191

180

2. Answers - inclusive fee

191

180

G. EXTRACTS DEPARTMENT

1. Extract decree following upon a summons, petition or appeal, or after protestation of a note, whether in absence or otherwise

53

50

2. Extract of admission as a solicitor

48

45

3. Extract of protestation

48

45

4. Certificate under the Civil Jurisdiction and Judgments Act 1982

48

45

5. Documentation evidencing divorce, nullity or dissolution of marriage or civil partnership—

  1. (a)

    extract from Consistorial Register of Decrees of decree pronounced on or after 23rd September 1975 if not issued in terms of item B3 or B4 of this Table

27

25

  1. (a)

    certificate of divorce in decree pronounced prior to 23rd September 1975

27

25

  1. (a)

    certified copy interlocutor in decree pronounced prior to 23rd September 1975

27

25

6. Extract from the Register of Acts and Decrees – per sheet or part thereof

27

25

7. Sealing and certifying any document for exhibition in a foreign jurisdiction or otherwise

27

25

8. Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 197014

48

45

PART II – FEES IN THE OFFICE OF THE ACCOUNTANT OF COURT

H. OFFICE OF THE ACCOUNTANT OF COURT

I. In Factories

1. Registering case and receiving and delivering up bond of caution

20

F320 or 3515

2. Examining factor’s inventory – 0.333% of the value of the estate as disclosed

  1. (a)

    minimum fee payable

26

25

  1. (a)

    maximum fee payable

641

610

3. Auditing each account, based on estate value

15 plus 17.5% of factor’s commission

  1. (a)

    £0 - £30,000

100

  1. (a)

    £30,001 - £50,000

200

  1. (a)

    £50,001 - £250,000

500

  1. (a)

    £250,001 - £500,000

750

  1. (a)

    £500,001 and over

1,000

4. Reporting with regard to discharge, special powers, other special matters, surplus estate or scheme of division

50

110

5. Certificate under seal

15

25

II. In Consignations

6. Lodging consignation

30

20

7. Producing or delivering up consignation, based on consignation value—

  1. (a)

    consignation value £0 - £50 and less than 7 years since lodged

No charge

20

  1. (a)

    consignation value over £51 and less than 7 years since lodged

30

20

  1. (a)

    consignation value £0 - £70 and over 7 years since F4lodged

No Charge

20

F5(d) consignation value over £71 and over 7 years since lodged

50

20

PART III – FEES IN THE OFFICE OF THE AUDITOR OF THE COURT OF SESSION

I. OFFICE OF THE AUDITOR OF THE COURT OF SESSION

1. Taxing accounts of expenses incurred in judicial proceedings (including proceedings in the High Court of Justiciary) remitted to the Auditor of the Court of Session for taxation—

  1. (a)

    Lodging account for taxation

37

35

  1. (a)

    Taxing accounts for expenses etc.

  1. (i)

    up to £400

20

20

  1. (i)

    for every additional £100 or part thereof

5

5

Note: fee to be determined by the Auditor of the Court of Session on amount of account as submitted

2. Assessing account remitted to the Auditor to determine whether an additional fee should be paid

254

240

3. Cancellation of diet of taxation–

  1. (a)

    where written notice of cancellation received by receiving party after 4.00 pm on the fourth working day prior to the diet of taxation

50% of fee that would have been payable under item I1(b) of this Table

50% of fee that would have been payable under item I1(b) of this Table

  1. (a)

    where written notice of cancellation received by receiving party after 4.00 pm on the working day before or the day of the diet of taxation

75% of fee that would have been payable under item I1(b) of this Table

75% of fee that would have been payable under item I1(b) of this Table

PART IV – FEES COMMON TO ALL OFFICES

J. MISCELLANEOUS

1. Certified copy of proceedings for appeal to the Supreme Court

191

180

2. Certifying of any other document (plus copying charges if necessary)

16

15

3. Recording, extracting, engrossing or copying- all documents (exclusive of search fee)—

  1. (a)

    copying of each document, up to 10 pages

5

5

  1. (a)

    copying of each further page or part thereof

0.50

0.50

  1. (a)

    copying of each document in electronic form

5

5

4. Any search of records or archives—

  1. (a)

    up to 30 minutes

16

15

  1. (a)

    more than 30 minutes up to 2 hours

37

35

  1. (a)

    each additional 30 minutes in excess of 2 hours

11

10

  1. (a)

    in addition, correspondence fee where applicable

11

10

5. Captions—

  1. (a)

    marking caption when ordered

11

10

  1. (a)

    warrant for caption when issued

11

10

6. Change of party name where more than 10 cases are registered – per case

2

n/a