Courts of Law Fees (Scotland) Act 1895

[F1 2 Power of Secretary of State to regulate court fees. S

(1) The Secretary of State may, F2 . . ., by order regulate the fees payable—

(a) to any officer of any office or department connected with the Scottish courts F3 ...; 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 M1 1839);

(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 M2 electors);

(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 M3 1879); 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. ]

Subordinate Legislation Made

P1 S. 2 power exercised by S.I. 1991/331, 332, 333.

S. 2: s.2 power exercised by S.I. 1991/659.

P2 S. 2 power previously exercised by S.I. 1990/476, 475, 472, 470, 1989/1366, 1988/1893, 1892, 969, 966, 1987/39, 1986/451, 1985/2072, 827, 826, 825, 1984/256, 252, 251, 235, 234, 233, 1982/1824, 654, 653, 1981/514, 498, 1980/454, 390, 1978/113.

Textual Amendments

F1 S. 2 substituted by Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12, SIF 47), s. 4

F2 Words in s. 2(1) omitted (1.7.1999) by S.I. 1999/1820, arts. 2(1), 4, Sch. 2 Pt. 1 para. 9(a), Pt. IV

F3 Words in s. 2(1)(a) repealed (1.4.2010) by Judiciary and Courts (Scotland) Act 2008 (asp 6), s. 76(1), Sch. 5 para. 1; S.S.I. 2010/39, art. 2(b), Sch.

Modifications etc. (not altering text)

C1 S. 2 extended (S.) by Bankruptcy (Scotland) Act 1985 (c. 66, SIF 66), s. 1(6)

Marginal Citations

M1 1839 c.36 (36:1).

M2 1949 c.68.

M3 1879 c.42 (103:2).