Article 2 Amendment of Fees Order

The Court of Session etc. Fees Order 1997^f1 shall be amended in accordance with the following paragraphs.

In article 4 (fees payable), for the words “and article 5”, substitute “and articles 5, 5A and 5B”.

After article 5 (exemption of certain persons from fees in simplified divorce applications), insert the following–

“Exemption of certain motions from fees

5A

(1)

This article applies to motions which are enrolled in the process of the cause or made orally at the bar in accordance with rule 23.2 of the Rules of Court (enrolment of motions).

(2)

The fees specified in items B23 and C22 of the Table of Fees shall not be payable in respect of motions which operate solely so as to activate further steps of procedure and any opposition to such motions.

(3)

Without prejudice to the generality of paragraph (2) above, motions which are exempt from the payment of fees include motions under the following rules of the Rules of Court–

(a)

rule 19.1 (decrees in absence);

(b)

rule 22.3(5)(a) (closing record);

(c)

rule 36.13 (death, disability, retiral, etc. of Lord Ordinary);

(d)

rules 37.1(2)(b), 37.1(6) and 37.1(7) (applications for jury trial);

(e)

rule 37.10 (application of verdicts);

(f)

rule 38.17(1) (orders for hearing);

(g)

rule 40.7(3) (procedure following transmission of appeal process);

(h)

rule 40.11(1)(a) (early disposal of appeal) but only insofar as the motion relates to rule 40.7A (required application for early disposal of appeal against interlocutor other than final judgment);

(i)

rule 40.15(1) (orders for hearing of appeal);

(j)

rule 41.15(1) (motions for hearing of appeals); and

(k)

rule 41.22(1) (motion for further procedure).

Calculation of fees payable

5B

(1)

Subject to article 5A above, the fees specified in items B23 and C22 of the Table of Fees shall be payable in addition to those fees which are specified in items B2, B6 and C5 of the Table of Fees.

(2)

The fees specified in items B23 and C22 of the Table of Fees shall not be payable in addition to those fees which are specified in items B9, B10 and B13 and C10, C13 and C14 of the Table of Fees.”.

For the Table of Fees in Schedule 1, there shall be substituted the Table of Fees set out in the Schedule to this Order.