OpenLegislation

The Judicial Committee (Devolution Issues) Rules (Amendment) Order 2003

S.I. 2003/1880 · Made 17 July 2003

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.

JUDICIAL COMMITTEE

Made 17th July 2003

Coming into force 1st September 2003

At the Court at Buckingham Palace, the 17th day of July 2003

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred upon Her by section 103 of the Scotland Act 1998f1, paragraph 34(1)(c) of Schedule 8 to the Government of Wales Act 1998f2 and section 82(3)(c) of the Northern Ireland Act 1998f3 or otherwise in Her vested, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:

Annotations to the whole text

Footnotes

f1

1998 c. 46.

f2

1998 c. 38.

f3

1998 c. 47.

Contents

  1. 1Citation and commencement
  2. 2Amendment of the Judicial Committee (Devolution Issues) Rules 1999
  3. Signature
  4. Schedule TABLE OF FEES
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Judicial Committee (Devolution Issues) Rules (Amendment) Order 2003 and shall come into force on 1st September 2003.

2Amendment of the Judicial Committee (Devolution Issues) Rules 1999

The Judicial Committee (Devolution Issues) Rules 1999f1 shall be amended as follows—

(a)

in rule 5.11(1)(a), before “refuse” insert “grant or”;

(b)

in rules 5.27(1) and (2), 5.41(2)(b)(ii) and 5.43(1)(b), delete “15” wherever it appears and insert “17”;

(c)

in rule 5.33, in paragraphs (1) and (2), delete “eight” wherever it appears and insert “ten”;

(d)

in rule 5.61, for paragraph (2) the following paragraph shall be substituted—

“(2)

The Registrar may direct that—

(a)

the payment of any fee shall be remitted on grounds of hardship;

(b)

the appropriate fee must be paid at the time a chargeable step is taken.”;

(e)

for the Table of Fees the Table set out in the Schedule to this Order shall be substituted.

Signature

A. K. Galloway

Clerk of the Privy Council

TABLE OF FEES

£
1.Lodging—
(a)

a petition for special leave to appeal

120.00
(b)

a petition of appeal

100.00
(c)

any other petition or motion

75.00
(d)

a reference by a court

nil
(e)

any other reference

100.00
2.Entering appearance—
(a)

in the case of a reference by a court

75.00
(b)

in any other case

30.00
3.Lodging Case300.00
4.Lodging affidavit25.00
5.Original Order of the Judicial Committee30.00
6.Office Copy of Committee Order10.00
7.Certificate delivered to the parties25.00
8.Taxing fee (including certificate)5% of the sum allowed.

Explanatory note

(This note is not part of the Order)

This Order introduces a revised scale of fees in respect of appeals and other proceedings before the Judicial Committee of the Privy Council in devolution cases. The fees were originally set in 1999 so as to be broadly in line with the fees charged for other proceedings in the Judicial Committee, and are now being increased so as to keep them in line. The majority of fees are increased by amounts ranging from 50 per cent to 66 per cent. There is a new fee for issuing a certificate where there has been no taxation of costs. However, one fee is abolished and no change is made to the fees for originals and copies of Orders, or to the taxing fee. The Order also gives the Registrar power to remit a fee on grounds of hardship.

The Order also makes some minor procedural changes: it enables a petition for special leave to appeal to be granted as well as refused at the initial stage on the papers; and it increases by two the number of copies of certain documents that need to be lodged in connection with appeals.