The Court of Session etc. Fees Amendment (No.2) Order 1988

Statutory Instruments

1988 No. 969 (S.92)

COURT OF SESSION, SCOTLAND

The Court of Session etc. Fees Amendment (No.2) Order 1988

Made

24th May 1988

Laid before Parliament

9th June 1988

Coming into force

1st July 1988

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 Court of Session etc. Fees Amendment (No. 2) Order 1988 and shall come into force on 1st July 1988.

2.  Article 6 of the Court of Session etc. Fees Order 1984(2) shall be amended by substituting, for paragraphs (a) to (c), the following:-

“(a) income support or family credit under Part II of the Social Security Act 1986(2); or

(b) advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986(3) in respect of the simplified divorce application.”.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

Edinburgh

15th May 1988

We concur,

David Lightbown

Michael Neubert

Two of the Lords Commissioners of Her Majesty’s Treasury

24th May 1988

Explanatory Note

(This note is not part of the Order)

This Order provides that the exemption from paying fees in simplified divorce proceedings granted to recipients of supplementary benefit and family income supplement is to apply to recipients of income support and family credit under the Social Security Act 1986, which replaced the previous benefits on 11th April 1988.

(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).

(2)

S.I. 1984/256, to which there are amendments not relevant to this Order.

(3)

1986 c. 50.