SCHEDULE 3TABLE OF FEES

Article 6(c)

Annotations:
Commencement Information

I1Sch. 3 in force at 1.4.2014, see art. 1(3)

Fees payable from 1st April 2014

Column 1

(Matters)

Column 2

(Fee payable)

£

Column 3

(Fee formerly

Payable20)

£

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

118

115

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)

202

197

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

202

197

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)

157

153

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

118

115

Column 1

(Matters)

Column 2

(Fee payable)

£

Column 3

(Fee formerly

Payable)

£

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 £11

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

157

153

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

67

66

8. Special case—

for each party

101

98

maximum fee payable per case

410

399

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

34

33

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

34

33

11. Letter of request to a foreign court

51

49

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

281

273

13. Reclaiming motion - payable by party enrolling motion

202

197

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

101

98

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

56

55

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

90

87

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

225

218

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

108

105

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

270

262

20. 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 the parties

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

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

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

51

49

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 198221

202

197

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

118

115

3. Petition to be admitted as a notary public—

for each applicant

152

147

4. Petition to be admitted as a solicitor—

for each applicant

152

147

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

202

197

6. Caveat

45

45

7. Fiat

51

49

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

17

16

9. Reclaiming motion – payable by party enrolling motion

202

197

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

101

98

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

56

55

12. 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

90

87

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

225

218

14. 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

108

105

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

270

262

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

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

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

51

49

18. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 198622

202

197

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

Appeal – inclusive fee

202

197

E. ELECTION COURT

1. Parliamentary election petition

202

197

2. Statement of matters

17

16

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

51

49

4. Certificate of judgement

51

49

F. LANDS VALUATION APPEAL COURT

1. Appeal - inclusive fee

202

197

2. Answers - inclusive fee

202

197

G. EXTRACTS DEPARTMENT

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

56

55

2. Extract of admission as a solicitor

51

49

3. Extract of protestation

51

49

4. Certificate under the Civil Jurisdiction and Judgments Act 1982

51

49

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

28

27

  1. (a)

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

28

27

  1. (a)

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

28

27

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

28

27

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

28

27

8. Acknowledgement of receipt of a notice under section 19(6) or 21(2) of the Conveyancing and Feudal Reform (Scotland) Act 197023

51

49

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

21

21

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

  1. (a)

    minimum fee payable

28

27

  1. (a)

    maximum fee payable

680

660

3. Auditing each account, based on estate value

  1. (a)

    £0 - £30,000

106

103

  1. (a)

    £30,001 - £50,000

212

206

  1. (a)

    £50,001 - £250,000

530

515

  1. (a)

    £250,001 - £500,000

796

773

  1. (a)

    £500,001 and over

1,061

1,030

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

53

52

5. For certificate under seal

16

15

II. In Consignations

6. Lodging consignation

30

30

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

No charge

  1. (a)

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

30

30

  1. (a)

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

No charge

No charge

  1. (a)

    consignation value over £71 and over 7 years since lodged

50

50

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

39

38

  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. Fee for assessing account remitted to the Auditor to determine whether an additional fee should be paid

270

262

3. Fee for 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

202

197

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

17

16

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

17

16

  1. (a)

    more than 30 minutes up to 2 hours

39

38

  1. (a)

    each additional 30 minutes in excess of 2 hours

11

11

  1. (a)

    in addition, correspondence fee where applicable

11

11

5. Captions—

  1. (a)

    marking caption when ordered

11

11

  1. (a)

    warrant for caption when issued

11

11

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

2

2