Statutory Instruments
1996 No. 680 (S.68)
SCOTTISH LAND COURT
The Scottish Land Court (Fees) Order 1996
Made
1st March 1996
Laid before Parliament
11th March 1996
Coming into force
1st April 1996
The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895(1), and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:
1. This Order may be cited as the Scottish Land Court (Fees) Order 1996 and shall come into force on 1st April 1996.
2.—(1) This Order regulates the fees payable in respect of proceedings before the Scottish Land Court.
(2) The fees regulated by this Order shall be payable to the Principal Clerk of the Scottish Land Court or any officer acting for him.
3. The fees payable in respect of the matters specified in column 1 of the Table of Fees in the Schedule to this Order shall be the fees specified in relation to those matters in column 2 of that Table (the fees formerly payable being shown in column 3 of that Table).
4. The Scottish Land Court (Fees) Order 1995(2) is hereby revoked.
James Douglas-Hamilton
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
29th February 1996
We concur,
Michael Bates
Liam Fox
Two of the Lords Commissioners of Her Majesty’s Treasury
1st March 1996
Article 3
SCHEDULETABLE OF FEES
Column 1
Column 2
Column 3
Matters
Fee payable
Fee formerly payable(3)
£
£
(1) Small Landholders (Scotland) Acts 1886 to 1931 and Crofters (Scotland) Act 1993(4)
(a)Application for a Record of a holding or a croft
Principal application (each applicant)
60.00
58.00
For each respondent
10.00
10.00
(b)Recording agreements for loan by
(i)the Scottish Office Agriculture, Environment and Fisheries Department and
(ii)the Highlands and Islands Enterprise
Each agreement
70.00
65.00
(c)Other applications
Principal application
28.00
26.00
When more than one applicant (each additional applicant)
18.00
17.00
For each respondent
4.00
4.00
(d)Appeals and motions for rehearing
Each appellant or motioner
50.00
45.00
Each respondent
6.00
4.00
(e)Hearing and Inspection fee payable by applicant in all applications. For each day or part thereof the Court sits or inspects
60.00
55.00
(f)Additional fee
(i)Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing— payable by the applicant
70.00
65.00
(ii)Where the Principal Clerk of Court executes a conveyance following upon an Order of the Court under section 16(2) of the Crofters (Scotland) Act 1993— payable by the applicant
65.00
60.00
(2) Agricultural Holdings (Scotland) Act 1991(5)
(a)Valuation of sheep stocks
Awards not exceeding £100
6.00
6.00
Awards exceeding £100:—
For the first £100 thereof
6.00
6.00
For every additional £100 or part thereof
3.00
3.00
Where application dismissed or withdrawn before valuation
75.00
70.00
(b)Arbitration as to rents
Rental as fixed by Court, not exceeding £500
50.00
50.00
Rental as fixed by Court exceeding £500:—
For the first £500
50.00
50.00
For every additional £100 or part thereof
7.50
7.50
Where application dismissed or withdrawn before rent fixed
80.00
75.00
(c)Appeals against award by an arbiter
Fee payable on lodging appeal
65.00
60.00
Rental as fixed by Court not exceeding £500
30.00
30.00
Rental as fixed by Court exceeding £500:—
For the first £500
30.00
30.00
For every additional £100 or part thereof
3.00
3.00
Where application dismissed or withdrawn before rent fixed
85.00
80.00
(d)Claims for compensation
Awards not exceeding £100
12.00
12.00
Awards exceeding £100:—
For the first £100 thereof
12.00
12.00
For every additional £100 or part thereof
5.00
5.00
Where application dismissed or withdrawn before compensation fixed
80.00
75.00
(e)Other Applications
Principal application
100.00
90.00
When more than one applicant (each additional applicant)
50.00
45.00
For each respondent
45.00
40.00
(f)Appeals and motions for rehearing
Each appellant or motioner
60.00
55.00
(g)Hearings and Inspections
For every day or part thereof the Court sits or inspects— payable by the applicant
120.00
115.00
(h)Additional fee
Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing— payable by the applicant
120.00
115.00
(3) Miscellaneous
(a)For making a copy or copies of the principal application or any part of it, or any order in it, or any original deed, writ, or document in process
For each sheet
1.20
1.20
For certifying such copy
7.00
7.00
(b)Applications not otherwise specified
Principal application
100.00
90.00
When more than one applicant (each additional applicant)
50.00
45.00
For each respondent
45.00
40.00
(c)Hearings and Inspections
For every day or part thereof the Court sits or inspects— payable by the applicant
120.00
115.00
(d)Additional fee
Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing— payable by the applicant
120.00
115.00
(e)Search fee
For searches in records arising from postal or other enquiries— for each search
9.00
—
Explanatory Note
(This note is not part of the Order)
This Order regulates the fees payable from 1st April 1996 in respect of proceedings before the Scottish Land Court. In the majority of cases the fees are increased and a fee is prescribed for the first time for searches in the records of the court. The Scottish Land Court (Fees) Order 1995 is revoked.
(1)
1895 c. 14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12); the Scottish Land Court was specified as a Scottish Court for the purposes of section 2 by S.I. 1989/1366.
(2)
S.I. 1995/307.
(3)
This column shows the fees formerly payable under the Scottish Land Court (Fees) Order 1995 (S.I. 1995/307).
(4)
1993 c. 44.
(5)
1991 c. 55.
