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The Courts Reform (Scotland) Act 2014 (Regulation of Fees) (Specified Persons) Order 2018

S.S.I. 2018/158 · Made 16 May 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Sheriff Appeal Court

Sheriff Court

Made 16th May 2018

Laid before the Scottish Parliament 18th May 2018

Coming into force 29th June 2018

The Scottish Ministers make the following Order in exercise of the powers conferred by section 105(1)(f) and 106(1)(f) of the Courts Reform (Scotland) Act 2014f1 and all other powers enabling them to do so.

In accordance with sections 105(4) and 106(4) of that Act they have consulted with the Lord President of the Court of Session.

Annotations to the whole text

Footnotes

f1

2014 asp 18.

Contents

  1. 1Citation and commencement
  2. 2Power to regulate fees in the Court of Session
  3. 3Power to regulate fees in the sheriff court and the Sheriff Appeal Court
  4. Signature
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Courts Reform (Scotland) Act 2014 (Regulation of Fees) (Specified Persons) Order 2018 and comes into force on 29th June 2018.

2Power to regulate fees in the Court of Session

The following persons are specified for the purposes of section 105(1)(f) of the Courts Reform (Scotland) Act 2014 (power to regulate fees in the Court of Session)—

(a)

members of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990f1, but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act; and

(b)

persons preparing transcripts of evidence.

3Power to regulate fees in the sheriff court and the Sheriff Appeal Court

The following persons are specified for the purposes of section 106(1)(f) of the Courts Reform (Scotland) Act 2014 (power to regulate fees in the sheriff court and the Sheriff Appeal Court)—

(a)

members of a body which has made a successful application under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, but only to the extent that the member is exercising rights acquired by virtue of section 27 of that Act; and

(b)

persons preparing transcripts of evidence.

Signature

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

16th May 2018

Explanatory note

(This note is not part of the Order)

This Order specifies additional persons in respect of whom the Court of Session may exercise their powers under sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014 to make acts of sederunt concerning the fees, including the fees recoverable in an award of judicial expenses, of various persons in relation to proceedings in the Court of Session, the Sheriff Appeal Court and the sheriff court.

Articles 2 and 3 specify that the additional persons are—

  • persons who have the right to conduct litigation, or have rights of audience, by virtue of the granting of an application made under section 25 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990; and

  • persons preparing transcripts of evidence.