Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2005 © Crown Copyright 2005 Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament. The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users. It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document. The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2005, ISBN 0110694945. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk. Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions. To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907[1] and of all other powers enabling them in that behalf, do hereby enact and declare: Citation and commencement 1. - (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors and Witnesses in the Sheriff Court) (Amendment) 2005 and shall come into force on 25th April 2005. (2) This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of Table of Fees of solicitors 2. - (1) The Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993[2] shall be amended in accordance with the following sub-paragraphs. (2) In the Table of Fees, in the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts specified in column 2 of that Schedule, there shall be substituted the amounts specified in column 3. (3) In Part II of Chapter II (defended ordinary actions, commercial actions and family actions commenced on or after 1st January 1994), in paragraph 14(a), for "relative attendances" there shall be substituted "initial attendance". (4) In Part II of Chapter IV (defended actions commenced before 10th June 2002), in paragraph 8, for "relative attendance" there shall be substituted "initial attendance". (5) In Part III of Chapter IV (defended actions commenced on or after 10th June 2002) in paragraph 10, for "relative attendance" there shall be substituted "initial attendance". (6) In Part III of Chapter IV (defended actions: personal injuries claims only (Commenced on or after 10th June 2002)) in paragraph 10, for "relative attendance" there shall be substituted "initial attendance". Amendment of Table of Fees of witnesses 3. - (1) The Table of Fees set out in the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992[3] shall be amended in accordance with the following sub-paragraph. (2) In paragraph 2 of Schedule 1, for "£250" there shall be substituted "£400". Saving 4. Paragraphs 2 and 3 shall not affect fees chargeable for work done, or outlays incurred, before 25th April 2005. Cullen of Whitekirk Lord President, I.P.D Edinburgh 11th March 2005
(This note is not part of the Act of Sederunt) This Act of Sederunt makes amendments to the Table of Fees in the Schedule to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 (S.I. 1993/3080) ("the Table of Fees"). Paragraph 2(2) increases the fees recoverable under the Table of Fees by about 4.8% Paragraph 2(3) amends paragraph 14(a) of Part II of Chapter II (defended actions commenced on or after 1st January 1994) to provide for the recovery of a fee in respect of attendance at continuations of motions. Paragraph 2(4) amends paragraph 8 of Part II of Chapter IV (defended actions commenced before 10th June 2002) to provide for the recovery of a fee in respect of attendance at continuations of motions. Paragraph 2(5) amends paragraph 10 of Part III of Chapter IV (defended actions commenced on or after 10th June 2002) to provide for the recovery of a fee in respect of attendance at continuations of motions. Paragraph 2(6) amends paragraph 10 of Part III of Chapter IV (defended actions: personal injuries claims only (commenced on or after 10th June 2002)) to provide for the recovery of a fee in respect of attendance at continuations of motions. Paragraph 3(2) amends the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992 (S.I.1992/1878) in respect of payments made to witnesses. This Act of Sederunt does not apply as respects fees chargeable for work done, or outlays incurred, before it comes into force. Notes: [1] 1907 c.51; section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c.28, Schedule 1; the Secretaries of State Act 1926 c.18, section 1(3); the Administration of Justice (Scotland) Act 1933 c.41, Schedule; the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c.12, Schedule 1, paragraph 7 and Schedule 2; and the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 c.40, Schedule 9.back [2] S.I. 1993/3080, amended by S.I. 1994/1142, 1995/1395, 1996/236, 1998/2675, S.S.I. 1999/149, S.S.I 2000/420, S.S.I. 2001/438, S.S.I. 2002/235, S.S.I. 2002/274, S.S.I. 2002/328, S.S.I. 2003/162, S.S.I 2004/152 and S.S.I 2004/196.back [3] S.I. 1992/1878; last amended by S.S.I. 2002/280.back
ISBN 0 11 069494 5
|
|
Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office | ||
| We welcome your comments on this site | © Crown copyright 2005 | Prepared 21 March 2005 |