Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules 1999 and Taxation of Judicial Expenses Rules 2019 Amendment) (Telecommunications Infrastructure) 2023

Amendment of Act of Sederunt (Taxation of Judicial Expenses Rules) 2019

3.—(1) The Act of Sederunt (Taxation of Judicial Expenses Rules) 2019(1) is amended in accordance with this paragraph.

(2) In rule 1.3 (interpretation) after the definition of “solicitor advocate” insert—

““summary application” has the meaning given by section 3(p) of the Sheriff Courts (Scotland) Act 1907(2);”.

(3) In rule 3.1 (application)—

(a) in paragraph (1) for “5” substitute “5A”;

(b) in paragraph (2) for “and 5” substitute “, 5 and 5A”.

(4) After rule 3.3(4) (table of charges) insert—

“(4A) The charges to be allowed in respect of a summary application under Part L (Electronic Communications Code) of the Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) 1999(3) are those specified in the applicable table of inclusive charges in schedule 5A.”.

(5) After schedule 5 (tables of inclusive charges for simple procedure cases)(4) insert schedule 5A as set out in schedule 2 of this Act of Sederunt.

(1)

S.S.I. 2019/75, last amended by S.S.I. 2023/165.

(2)

1907 c. 51. Section 3(p) was substituted by the Sheriff Courts (Scotland) Act 1971 (c. 58), section 4.

(3)

S.I. 1999/929, last amended by S.S.I. 2023/196. Part L was inserted by S.S.I. 2017/459.

(4)

Schedule 5 was inserted by S.S.I. 2019/75.