The Sheriff Court Fees Amendment Order 2002

Citation and commencement

1.  This Order may be cited as the Sheriff Court Fees Amendment Order 2002 and shall come into force on 1st July 2002.

Amendment of Fees Order

2.—(1) The Sheriff Court Fees Order 1997(1) shall be amended in accordance with the following paragraphs.

(2) For article 7 (exemption of certain persons from fees in simplified divorce applications) substitute–

“Exemption of certain persons from fees

7.— (1) A fee to which this article applies shall not be payable by a person–

(a) who is in receipt of income support, working families' tax credit or disabled person’s tax credit under Part VII of the Social Security Contributions and Benefits Act 1992(2);

(b) who is in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995(3));

(c) who is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986(4) in respect of the matter in the Table of Fees in connection with which the fee is payable;

(d) where the fee is payable in connection with a simplified divorce application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application; or

(e) where the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.

(2) This article applies to all fees regulated by this Order except–

(a) the fees specified in Part I (Commissary proceedings) of the Table of Fees; and

(b) in Part II (sheriff court proceedings) of the Table of Fees, the fee specified in paragraph 19 (petition for removal of disqualification).”.

(3) For the Table of Fees in Schedule 1(5) substitute the Table of Fees set out in the Schedule to this Order.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

5th June 2002