2008 No. 237

HIGH COURT OF JUSTICIARY

The High Court of Justiciary Fees Amendment Order 2008

Made

Laid before the Parliament

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2 of the Courts of Law Fees (Scotland) Act 18951 and all other powers enabling them to do so.

Citation and commencement1

1

This Order may be cited as the High Court of Justiciary Fees Amendment Order 2008 and, subject to paragraph (2), shall come into force on 1st August 2008.

2

Article 2(b) and Schedule 2 shall come into force, and article 2(a) and Schedule 1 shall cease to have effect, on 1st April 2010.

Amendment of the High Court of Justiciary Fees Order 19842

The Table of Fees in the Schedule to the High Court of Justiciary Fees Order 19842 shall be substituted by–

a

the Table of Fees in Schedule 1 to this Order on 1st August 2008; and

b

the Table of Fees in Schedule 2 to this Order on 1st April 2010.

KENNY MACASKILLA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

SCHEDULE 1TABLE OF FEES

Article 2(a), as read with article 1

Payable from 1st August 2008

Column 1

Column 2

Column 3

(Matters)

(Fee payable)

(Fee formerly payable)3

£

£

1

Petitions to the Nobile Officium and applications for criminal letters (inclusive fee covering all steps in procedure)

85

65

2

Extract convictions, per sheet or part thereof

35

26

3

Certified copy of any other document

15

11

4

Copying–

a

of each document up to 10 pages

5

–

b

each further page or part thereof (in excess of 10 pages)

0.50

0.20

c

of each document copied to CD or in electronic form

5

3

5

Searches – for any search of records or archives–

a

up to 30 minutes

15

11

b

for more than 30 minutes up to 2 hours

35

29

c

each additional 30 minutes (in excess of 2 hours)

10

8

d

In addition, correspondence fee where applicable

10

8

SCHEDULE 2TABLE OF FEES

Article 2(b), as read with article 1

Payable from 1st April 2010

Column 1

Column 2

Column 3

(Matters)

(Fee payable)

(Fee formerly payable)4

£

£

1

Petitions to the Nobile Officium and applications for criminal letters (inclusive fee covering all steps in procedure)

90

85

2

Extract convictions, per sheet or part thereof

35

35

3

Certified copy of any other document

15

15

4

Copying–

a

of each document up to 10 pages

5

5

b

each further page or part thereof (in excess of 10 pages)

0.50

0.50

c

of each document copied to CD or in electronic form

5

5

5

Searches – for any search of records or archives–

a

up to 30 minutes

15

15

b

for more than 30 minutes up to 2 hours

35

35

c

each additional 30 minutes (in excess of 2 hours)

10

10

d

In addition, correspondence fee where applicable

10

10

(This note is not part of the Order)

This Order specifies new fee levels payable to the Principal Clerk of Justiciary or any officer acting for the Principal Clerk in relation to proceedings in the High Court of Justiciary. Fee levels were last amended on 16th July 2007 by the High Court of Justiciary Fees Amendment Order 2007 (S.S.I. 2007/321). These new fees will be applicable from 1st August 2008 and are found in the Table of Fees in Schedule 1 to this Order.

This Order also specifies new fee levels which will be applicable from 1st April 2010, replacing those fees applicable from 1st August 2008. These fees are found in the Table of Fees in Schedule 2 to this Order.