2016 No. 1138

Armorial Bearings, Ensigns And Flags

The Lyon Court and Office Fees (Variation) (Reserved Functions) Order 2016

Made

Laid before Parliament

Coming into force

The Secretary of State makes the following Order in exercise of the powers conferred by section 5 of, as read with paragraph 3 of Schedule 3 to, the Public Expenditure and Receipts Act 19681.

Citation, commencement, extent and interpretation1

1

This Order may be cited as the Lyon Court and Office Fees (Variation) (Reserved Functions) Order 2016 and comes into force on 1st January 2017.

2

This Order extends to Scotland only.

3

In this Order “the 1867 Act” means the Lyon King of Arms Act 18672.

Variation of fees

2

Schedule B to the 1867 Act3 is amended in accordance with article 3 of this Order.

3

1

For the period from the coming into force of this Order until 31st December 2017, the table set out in Schedule 1 to this Order is substituted for the table in Part 1 of Schedule B to the 1867 Act.

2

For the period from 1st January 2018 to 31st December 2018, the table set out in Schedule 2 to this Order is substituted for the table in Part 1 of Schedule B to the 1867 Act.

3

For the period from 1st January 2019, the table set out in Schedule 3 to this Order is substituted for the table in Part 1 of Schedule B to the 1867 Act.

4

The Lyon Court and Office Fees (Variation) Order 20084 is revoked.

David MundellSecretary of StateScotland Office

SCHEDULE 1

Article 3(1)

PART 1Fees payable in respect of reserved functions

Column 1

(Matter to which fee relates)

Column 2

(Fee payable from 1st January 2017)

£

1. On every patent of arms

700.00

2. On every patent of crest

600.00

3. On every patent of supporters

460.00

4. On every patent of arms with supporters to a commercial organisation

2500.00

5. On every patent of arms without supporters to a commercial organisation

1900.00

6. On lodging a petition in respect of paragraphs 1, 2, 3 and 4 (which sum is then deducted from the total fees due on completion)

350.00

7. On every reprographic extract from a digital image of a register

Maximum charge

100.00

8. On every other extract from a register

30.00

9. On affixing seal of office to warrant, decree or precept

30.00

10. On the appointment of a herald

10.00

11. On the appointment of a pursuivant

10.00

Note: In Part 1—

  1. a

    “commercial organisation” means—

  1. i

    any partnership within the meaning of section 1 (definition of partnership) of the Partnership Act 18905;

  2. ii

    any limited liability partnership incorporated under section 2 (incorporation document etc.) of the Limited Liability Partnerships Act 20006;

  3. iii

    any company registered under the Companies Acts; or

  4. iv

    any overseas company having an established place of business in the United Kingdom,

but does not include companies registered for charitable purposes, community interest companies within the meaning of Part 2 (community interest companies) of the Companies (Audit, Investigations and Community Enterprise) Act 20047 or private companies limited by guarantee; and

  1. a

    in paragraph (a) Companies Acts means the Companies Act 20068, any Act amending or replacing that Act and any former enactment relating to companies.

SCHEDULE 2

Article 3(2)

PART 1Fees payable in respect of reserved functions

Column 1

(Matter to which fee relates)

Column 2

(Fee payable from 1st January 2018)

£

1. On every patent of arms

725.00

2. On every patent of crest

620.00

3. On every patent of supporters

475.00

4. On every patent of arms with supporters to a commercial organisation

2800.00

5. On every patent of arms without supporters to a commercial organisation

2300.00

6. On lodging a petition in respect of paragraphs 1, 2, 3 and 4 (which sum is then deducted from the total fees due on completion)

400.00

7. On every reprographic extract from a digital image of a register

Maximum charge

100.00

8. On every other extract from a register

35.00

9. On affixing seal of office to warrant, decree or precept

35.00

10. On the appointment of a herald

10.00

11. On the appointment of a pursuivant

10.00

Note: In Part 1—

  1. a

    “commercial organisation” means—

  1. i

    any partnership within the meaning of section 1 (definition of partnership) of the Partnership Act 1890;

  2. ii

    any limited liability partnership incorporated under section 2 (incorporation document etc.) of the Limited Liability Partnerships Act 2000;

  3. iii

    any company registered under the Companies Acts; or

  4. iv

    any overseas company having an established place of business in the United Kingdom,

but does not include companies registered for charitable purposes, community interest companies within the meaning of Part 2 (community interest companies) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 or private companies limited by guarantee; and

  1. a

    in paragraph (a) Companies Acts means the Companies Act 2006, any Act amending or replacing that Act and any former enactment relating to companies.

SCHEDULE 3

Article 3(3)

PART 1Fees payable in respect of reserved functions

Column 1

(Matter to which fee relates)

Column 2

(Fee payable from 1st January 2019)

£

1. On every patent of arms

750.00

2. On every patent of crest

640.00

3. On every patent of supporters

490.00

4. On every patent of arms with supporters to a commercial organisation

3000.00

5. On every patent of arms without supporters to a commercial organisation

2500.00

6. On lodging a petition in respect of paragraphs 1, 2, 3 and 4 (which sum is then deducted from the total fees due on completion)

450.00

7. On every reprographic extract from a digital image of a register

Maximum charge

100.00

8. On every other extract from a register

40.00

9. On affixing seal of office to warrant, decree or precept

40.00

10. On the appointment of a herald

10.00

11. On the appointment of a pursuivant

10.00

Note: In Part 1—

  1. a

    “commercial organisation” means—

  1. i

    any partnership within the meaning of section 1 (definition of partnership) of the Partnership Act 1890;

  2. ii

    any limited liability partnership incorporated under section 2 (incorporation document etc.) of the Limited Liability Partnerships Act 2000;

  3. iii

    any company registered under the Companies Acts; or

  4. iv

    any overseas company having an established place of business in the United Kingdom,

but does not include companies registered for charitable purposes, community interest companies within the meaning of Part 2 (community interest companies) of the Companies (Audit, Investigations and Community Enterprise) Act 2004 or private companies limited by guarantee; and

  1. a

    in paragraph (a) Companies Acts means the Companies Act 2006, any Act amending or replacing that Act and any former enactment relating to companies.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order varies the fees payable in respect of reserved functions in Schedule B to the Lyon King of Arms Act 1867 by replacing them with the fees listed in Schedules 1 to 3 to this Order for set periods of time—

  • The fee levels for the period from 1st January 2017 to 31st December 2017 are set out in Schedule 1;

  • The fee levels for the period from 1st January 2018 to 31st December 2018 are set out in Schedule 2; and

  • The fee levels from 1st January 2019 are set out in Schedule 3.

Article 4 revokes the Lyon Court and Office Fees (Variation) Order 2008.

The Lyon Court and Office Fees (Variation) (Devolved Functions) Order 2016 makes provision for the fees payable in respect of devolved functions in Schedule B to the Lyon King of Arms Act 1867.

A full regulatory impact assessment has not been produced for this instrument as no, or no significant impact on the private or voluntary sectors is foreseen.