- Latest available (Revised)
- Point in Time (01/02/1991)
- Original (As enacted)
Version Superseded: 20/02/1991
Point in time view as at 01/02/1991.
There are currently no known outstanding effects for the Courts of Law Fees (Scotland) Act 1895.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
An Act to provide for the Regulation of Fees payable in the Courts of Law in Scotland.
[30th May 1895]
Modifications etc. (not altering text)
C1Act extended by Foreign Judgements (Reciprocal Enforcement) Act 1933 (c. 13), s. 12(b)
This Act may be cited as the Courts of Law Fees (Scotland) Act 1895, and shall apply to Scotland only.
(1)The Secretary of State may, with the concurrence of the Treasury, by order regulate the fees payable—
(a)to any officer of any office or department connected with the Scottish courts the expenses of which are paid wholly or partly out of the Consolidated Fund or out of moneys provided by Parliament; and
(b)to the district court.
(2)An order under subsection (1) above—
(a)may provide as to the times when, places where and persons to whom fees payable by virtue of this section are payable;
(b)may, in relation to any such fees, provide—
(i)for exemption from the requirement to pay them;
(ii)for their remission;
(iii)for their modification; and
(iv)as to the circumstances in which and persons by whom such exemptions, remissions and modifications may be made; and
(c)may make different provision in relation to—
(i)different courts; and
(ii)different cases or classes of case.
(3)In subsection (1) above, “the Scottish courts”means—
(a)the Court of Session;
(b)the High Court of Justiciary;
(c)the sheriff court;
(d)the court of commissioners for teinds (provision for which is made in section 8 of the Court of Session Act M11839);
(e)the court for hearing appeals under subsection (8)(b) of section 45 of the Representation of the People Act 1949 (appeals relating to the registration of M2electors);
(f)the election court constituted under section 110 of the said Act of 1949;
(g)the lands valuation appeal court (provision for which is made in section 7 of the Valuation of Lands (Scotland) Amendment Act M31879); and
(h)any other court specified as a Scottish court for the purposes of this section in an order made by the Secretary of State.
(4)An order under subsection (1) or (3)(h) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.]
Textual Amendments
F1S. 2 substituted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), s. 4
Modifications etc. (not altering text)
C2S. 2 extended (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 1(6)
Marginal Citations
All accounts of expenses found due in the High Court of Justiciary, or in any inferior Court whose judgment has been brought under the review of the High Court of Justiciary, by suspension or appeal, or otherwise, unless the amount of the expenses found due shall have been determined or modified by the said High Court, shall be remitted to the auditor of the Court of Session to be examined and taxed in like manner, and subject to the same regulations, as accounts of expenses in actions in the Court of Session.
It shall be lawful for the Treasury, by warrant under their hands, to regulate, alter, and amend the table of fees payable to the keepers of the London Gazette, and of the Edinburgh Gazette, for notices under the M4Bankruptcy (Scotland) Act 1856 F2. . .
All Acts of Parliament or Acts of Sederunt, in so far as inconsistent with the provisions of this Act, are hereby repealed.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: