Statutory Instruments
1995 No. 307 (S.10)

SCOTTISH LAND COURT
The Scottish Land Court (Fees) Order 1995

Made
8th February 1995

Laid before Parliament
22nd February 1995

Coming into force
1st April 1995

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 1995 and shall come into force on 1st April 1995.

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 1994(2)is hereby revoked.

Fraser of Carmyllie
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
31st January 1995

We concur,

T J R Wood
Derek Conway
Two of the Lords Commissioners of Her Majesty’s Treasury
8th February 1995

Article 3

SCHEDULETABLE OF FEES

Column 1 Matters

Column 2 Fee payable £

Column 3 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)

58.00
55.00

For each respondent

10.00
9.00

(b)Recording agreements for loan by

(i)the Scottish Office Agriculture and Fisheries Department and

(ii)the Highlands and Islands Enterprise

Each agreement

65.00
60.00

(c)Other applications

Principal application

26.00
24.00

When more than one applicant (each additional applicant)

17.00
16.00

For each respondent

4.00
3.00

(d)Appeals and motions for rehearing

Each appellant or motioner

45.00
40.00

Each respondent

4.00
3.00

(e)Hearing and Inspection fee payable by applicant in all applications. For each day or part thereof the Court sits or inspects

55.00
50.00

(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(i)Where the application is granted, dismissed or withdrawn after the hearing order has been received by each party but before the commencement of the hearing—payable by the applicant

65.00
60.00

(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

60.00
55.00

(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

70.00
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

75.00
70.00

(c)Appeals against award by an arbiter

Fee payable on lodging appeal

60.00
5700

Rental as fixed by Court not exceeding £500

30.00
39.00

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

80.00
75.00

(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

75.00
75.00

(e)Other Applications

Principal application

90.00
85.00

When more than one applicant (each additional applicant)

45.00
40.00

For each respondent

40.00
35.00

(f)Appeals and motions for rehearing

Each appellant or motioner

55.00
50.00

(g)Hearings and Inspections

For every day or part thereof the Court sits or inspects—payable by the applicant

115.00
110.00

(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

115.00
110.00

(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

90.00
85.00

When more than one applicant (each additional applicant)

45.00
40.00

For each respondent

40.00
35.00

(c)Hearings and Inspections

For every day or part thereof the Court sits or inspects—payable by the applicant

115.00
110.00

(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

115.00
110.00

Explanatory Note

(This note is not part of the Order)
This Order regulates the fees payable from 1st April 1995 in respect of proceedings before the Scottish Land Court. In the majority of cases the fees are increased. The Scottish Land Court (Fees) Order 1994 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. 1994/498.

(3)
This column shows the fees formerly payable under the Scottish Land Court (Fees) Order 1994 (S.I. 1994/498).

(4)
1993 c. 44.

(5)
1991 c. 55.