# The Scottish Land Court (Fees) Order 1989

S.I. 1989/1365 · made 27 July 1989

This Order prescribes the fees payable in respect of applications to the Scottish Land Court following its designation as a Scottish Court for the purposes of section 2 of the Courts of Law Fees (Scotland) Act 1895.

Made under: 1895 c. 14 (Section 2)

PDFs: Printed copy https://openlegislation.uk/scottish-land-court-fees-order-1989/pdf/uksi_19891365_en.pdf

## Introductory text

SCOTTISH LAND COURT
Made 27th July 1989
Laid before Parliament 11th August 1989
Coming into force 1st September 1989
The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895, and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

## 1 

This Order may be cited as the Scottish Land Court (Fees) Order 1989 and shall come into force on 1st September 1989.

## 2 

(1) This Order shall regulate the fees payable in respect of proceedings before the Scottish Land Court.
(2) The fees regulated by this Order shall be payable to the Principal Clerk of the Scottish Land Court or any officer acting for him.

## 3 Fees Payable

The fees payable in respect of the matters specified in column 1 of the table of fees in the Schedule to this Order shall be the fees specified in relation to those matters in column 2 of that table (the fees formerly payable being shown in column 3 of that table.

## Signature

James Douglas-Hamilton
Parliamentary Under Secretary of State, Scottish Office
St. Andrew’s House,
Edinburgh
26th July 1989
We concur
David Lightbown
Kenneth Carlisle
Two of the Lords Commissioners of Her Majesty’s Treasury
27th July 1989

## TABLE OF FEES

Column 1
Column 2
Column 3
Matters
Fee payable
Fee formerly payable
£
£
(1) Small Landholders (Scotland) Acts 1886 to 1931, Crofters (Scotland) Acts 1955 and 1961 and Crofting Reform (Scotland) Act 1976
(a) Application for a Record of a holding or a croft Principal application (each applicant)
40.00
40.00
For each respondent
5.00
5.00
(b) Recording agreements for loan by—
(i) the Department of agriculture and Fisheries for Scotland and
(ii) the Highlands and islands Development board Each agreement
20.00
20.00
(c) Other applications
Principal applications
15.00
15.00
When more than one applicant (each additional applicant)
10.00
10.00
For each respondent
2.00
2.00
(d) Appeals and motions for rehearing
Each appelland or motioner
20.00
20.00
Each respondent
2.00
2.00
(e) Hearing fee payable by applicant for each day or part thereof the Court sits or inspects
25.00
25.00
(2) Sheep Stocks valuation (Scotland) Act 1937 Hill Farming Act 1946, Agriculture (Scotland) Act 1948, Agricultural Holdings (Scotland) Act 1949, Agriculture Act 1958, Agriculture (Miscellaneous Provisions) 1968 and Agricultural Holdings (Amendment) (Scotland) Act 1983 and agricultural Act 1986
(a) Valuation of sheep stocks
Awards not exceeding £100
5.00
5.00
Awards exceeding £100:
For the first £100 thereof
5.00
5.00
For every additional £100 or part thereof
2.00
2.00
Where application dismissed or withdrawn before valuation
50.00
50.00
(b) Determination of questions uner section 5 and 39(1)(b) of the Hill Farming Act 1946
Principal application
30.00
30.00
For each respondent
10.00
10.00
(c) Arbitgations as to rents
Rental as fixed by Court, not exceeding £500
50.00
50.00
Rental fixed by Court exceeding £500
for the first £500
50.00
50.00
For every additional £100 or part thereof
7.50
7.50
Where application dismissed or withdrawn before rent fixed
50.00
50.00
(d) Appeals against award by an arbiter
Fee payable on lodging appeal
50.00
50.00
Rental as fixed by Court not exceeding £500
25.00
25.00
Rental as fixed by Court exceeding £500:
For the first £500
25.00
25.00
For every additional £100 or part thereof
3.00
3.00
(e) Claims for compensation
Awards not exceeding £100
10.00
10.00
Awards exceeding £100:
For the first £100 thereof
10.00
10.00
For every additional £100 thereof
5.00
5.00
Where application dismissed por withdrawn before compensation fixed
50.00
50.00
(f) Other applications
Principal application
50.00
50.00
When more than one applicant (each additional applicant)
30.00
30.00
For each respondent
20.00
20.00
(g) Appeals and motions for rehearsing
Each appellant, or motioner for rehearing
25.00
25.00
(h) Hearings
For every day the Court sits or part thereof—payable by the applicant
40.00
40.00
(i) Additional fee
Where the application is dismissed or withdrawn after the hearing order has been received by each party—payable by the applicant
50.00
50.00
(3) Miscellaneous
(a) For making a copy or copies of the principal application or any part of it, or any order in it, or any original deed, writ, or document in process
For each sheet
0.80
0.80
For certifying such copy
5.00
5.00
(b) Applications not otherwise specified
Principal application
50.00
50.00
When more than one applicant (each additional applicant)
30.00
30.00
For each respondent
20.00
20.00
(c) Hearings
For every day the court sits or part thereof—payable by the applicant.
40.00
40.00
(d) Additional fee
Where the application is dismissed or withdrawn after the hearing order has been received by each party—payable by the applicant
50.00
50.00

## Explanatory note

(This note is not part of the Order)
This Order prescribes the fees payable in respect of applications to the Scottish Land Court following its designation as a Scottish Court for the purposes of section 2 of the Courts of Law Fees (Scotland) Act 1895.
The fees prescribed in this Order replace those currently payable in terms of the Scottish Land Court Rules 1979 the relevant provisions of which are revoked by the Scottish Land Court Amendment Rules 1989. There is no uprating of the fees currently payable.

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Source: https://www.legislation.gov.uk/uksi/1989/1365 (the official version)
Page: https://openlegislation.uk/scottish-land-court-fees-order-1989
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

