The Sheriff Court Fees Amendment Order 1996

Amendment of Fees Order

2.—(1) The Sheriff Court Fees Order 1985(1) shall be amended in accordance with the following provisions of this article.

(2) In article 2(1) (Interpretation), there shall be inserted after the definition of “extract decree” the following definitions:—

““minute” means a minute in terms of rule 14.2 of the Ordinary Cause Rules 1993(2);

“motion” means—

(a)

a written motion to which Chapter 15 of the Ordinary Cause Rules 1993 apply; and

(b)

a written motion made in an undefended family action in terms of Chapter 33 of the Ordinary Cause Rules 1993 in which no notice of intention to defend has been lodged;”.

(3) After article 2(2) (Interpretation), there shall be inserted, as follows:—

“(3) The fees payable in respect of the matters referred to in paragraphs 35, 36 and 41 of the Table of Fees shall be payable on one occasion only in respect of a cause.”.

(4) In article 5 (cases in which an extra fee is payable)—

(a) in paragraph (1)—

(i) for the words “ordinary roll”, there shall be substituted the words “ordinary cause roll”; and

(ii) for the word “action”, wherever it appears, there shall be substituted the word “cause”; and

(b) in paragraph (2) for the words “or bankruptcy proceedings”, there shall be substituted the words “, bankruptcy proceedings or proceedings under section 4 of the Requirements of Writing (Scotland) Act 1995(3)”.

(5) For the Table of Fees in the Schedule there shall be substituted the Table of Fees set out in the Schedule to this Order.

(1)

S.I. 1985/827, amended by S.I. 1993/2957.

(2)

S.I. 1993/1956.

(3)

1995 c. 7.