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The Justice of the Peace Court Fees (Scotland) Order 2026

S.S.I. 2026/78 · Made 11 February 2026 · Extends to Scotland

Not fully up to date. 2 changes made by later legislation have not yet been written into this text, which is revised to 1 April 2026.

See the changes not yet applied
ProvisionChangeMade by
art. 2(1)(a)ceased to have effectJustice of the Peace Court Fees 2026 art. 1(2)
Sch. 1ceased to have effectJustice of the Peace Court Fees 2026 art. 1(2)

JUSTICE OF THE PEACE COURT

Made 11th February 2026

Laid before the Scottish Parliament 13th February 2026

Coming into force 1st April 2026

The Scottish Ministers make the following Order in exercise of the powers conferred by section 107(1) and (2) of the Courts Reform (Scotland) Act 2014f1 and all other powers enabling them to do so.

Annotations to the whole text

Footnotes

f1

2014 asp 18. The definition of “relevant officer” in section 107(3) was amended by S.S.I. 2016/387.

Contents

  1. 1Citation, commencement and effect
  2. 2Fees payable in justice of the peace courts
  3. 3Exemption of certain persons from fees: legal aid
  4. 4Exemption of certain persons from fees: social security
  5. 5Revocation
  6. Signature
  7. Schedule 1Table of Fees
  8. Schedule 2Table of Fees
  9. Explanatory note

1Citation, commencement and effectI1

(1)

This Order may be cited as the Justice of the Peace Court Fees (Scotland) Order 2026 and, subject to paragraph (2), comes into force on 1 April 2026.

(2)

Article 2(1)(b) and schedule 2 take effect, and article 2(1)(a) and schedule 1 cease to have effect, on 1 April 2027.

2Fees payable in justice of the peace courtsI1

(1)

Subject to paragraph (3) and articles 3 and 4—

(a)

the fees payable in a justice of the peace court in respect of the matters specified in column 1 of the Table of Fees in schedule 1 (table of fees payable from 1 April 2026) are the fees specified in relation to those matters in column 2 of that table, and

(b)

the fees payable in a justice of the peace court in respect of the matters specified in column 1 of the Table of Fees in schedule 2 (table of fees payable from 1 April 2027) are the fees specified in relation to those matters in column 2 of that table.

(2)

The fees payable under this Order are to be paid to the clerk of the justice of the peace court.

(3)

The fees provided for by this Order are not payable by the Crown in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.

(4)

No act is required of the clerk of the justice of the peace court in connection with a matter specified in relation to any fee prior to—

(a)

the payment of that fee, or

(b)

an arrangement being entered into for payment of that fee.

3Exemption of certain persons from fees: legal aidI1

(1)

A fee specified by this Order is not payable by a person if—

(a)

the person is in receipt of civil legal aid within the meaning of section 13(2) of the 1986 Actf1 in respect of the matter in the Table of Fees in schedule 1 or 2 in connection with which the fee is payable,

(b)

the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the 1986 Act in respect of that application, or

(c)

the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in schedule 1 or 2 in connection with which the fee is payable on the basis of any regulations made under section 36(1) of the 1986 Act providing for legal aid in a matter of special urgency.

(2)

This article does not apply to the fees payable in respect of matter 5 in the Table of Fees in schedule 1 or 2 (petition for removal of disqualification from driving).

(3)

In this article, “the 1986 Act” means the Legal Aid (Scotland) Act 1986f2.

4Exemption of certain persons from fees: social securityI1

(1)

A fee specified by this Order is not payable by a person if—

(a)

the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992f1,

(b)

the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995f2,

(c)

the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002f3,

(d)

the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007f4,

(e)

the person is in receipt of universal credit under Part 1 of the 2012 Actf5,

(f)

the person is in receipt of either—

(i)

personal independence payment under Part 4 of the 2012 Actf6, or

(ii)

adult disability payment within the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022f7,

provided that the person’s gross annual income is £26,437 or less, or

(g)

the person or the person’s partner has, within the period of 3 months prior to the date the specified fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 2015f8.

(2)

This article does not apply to the fees payable in respect of matter 5 in the Table of Fees in schedule 1 or 2 (petition for removal of disqualification from driving).

(3)

In this article—

  • “the 2012 Act” means the Welfare Reform Act 2012f9,

  • “partner” means a person to whom a person is married or with whom the person is in a civil partnership.

5RevocationI1

The Justice of the Peace Court Fees (Scotland) Order 2024f1 is revoked.

Signature

SIOBHIAN BROWN

Authorised to sign by the Scottish Ministers

St Andrew's House,

Edinburgh

11th February 2026

Schedule 1Table of FeesI1

Payable from 1 April 2026

Column 1

(Matters)

Column 2

(Fee Payable)

£

Column 3

(Fee Formerly Payable)f1

£

1. Application for utility warrants.1514
2. Application under section 49 of the Civic Government (Scotland) Act 1982 f2 for a order in respect of dangerous and annoying creatures.8683
3. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
  1. (a)

    by photocopying or otherwise producing a printed or typed copy—

  1. (i)

    each document, up to 10 pages,

99
  1. (ii)

    each further page or part thereof in excess of 10 pages,

0.50.5
  1. (b)

    for a copy of a document in electronic form.

99
4. Any search of records or archives, per 30 minutes or part thereof.1615
In addition, correspondence fee where applicable.1615
5. Petition for removal of disqualification from driving.114111

Schedule 2Table of FeesI1

Payable from 1 April 2027

Column 1

(Matters)

Column 2

(Fee Payable)

£

Column 3

(Fee Formerly Payable)f1

£

1. Application for utility warrants.1515
2. Application under section 49 of the Civic Government (Scotland) Act 1982 f2 for a order in respect of dangerous and annoying creatures. 9086
3. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
  1. (a)

    by photocopying or otherwise producing a printed or typed copy—

  1. (i)

    each document, up to 10 pages,

99
  1. (ii)

    each further page or part thereof in excess of 10 pages,

10.5
  1. (b)

    for a copy of a document in electronic form.

99
4. Any search of records or archives, per 30 minutes or part thereof.1616
In addition, correspondence fee where applicable.1616
5. Petition for removal of disqualification from driving.118114

Explanatory note

(This note is not part of the Order)

This Order makes provision for the fees payable in justice of the peace courts in Scotland, to the clerk of the justice of the peace court.

Article 2 and schedules 1 and 2 specify fee levels payable in a justice of the peace court in respect of certain matters—

  • the fee levels from 1 April 2026 until 31 March 2027 are given effect by the Table of Fees in schedule 1,

  • the fee levels from 1 April 2027 onwards are given effect by the Table of Fees in schedule 2.

Article 2(3) provides that fees are not payable by the Crown in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.

Article 2(4) provides that the clerk of a justice of the peace court is not required to do any act in connection with the matter specified in relation to that fee without either prior payment of the fee or entering into an arrangement for payment of the fee.

Articles 3 and 4 exempt certain persons from payment of fees.

Article 5 revokes the Justice of the Peace Court Fees (Scotland) Order 2024 (S.S.I. 2024/239).