British
and Irish Legal Information Institute
Freely Available British and Irish Public Legal Information
[
Home]
[
Databases]
[
World Law]
[
Multidatabase Search]
[
Help]
[
Feedback]
United Kingdom Statutory Instruments
You are here:
BAILII >>
Databases >>
United Kingdom Statutory Instruments >>
The Judicial Committee (Devolution Issues) Rules (Amendment) Order 2003 No. 1880
URL: http://www.bailii.org/uk/legis/num_reg/2003/20031880.html
[
New search]
[
Help]
STATUTORY INSTRUMENTS
2003 No. 1880
JUDICIAL COMMITTEE
The Judicial Committee (Devolution Issues) Rules (Amendment) Order 2003
|
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 1998[1], paragraph 34(1)(c) of Schedule 8 to the Government of Wales Act 1998[2] and section 82(3)(c) of the Northern Ireland Act 1998[3] 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:
Citation and commencement
1.
This Order may be cited as the Judicial Committee (Devolution Issues) Rules (Amendment) Order 2003 and shall come into force on 1st September 2003.
Amendment of the Judicial Committee (Devolution Issues) Rules 1999
2.
The Judicial Committee (Devolution Issues) Rules 1999[4] 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 -
A. K. Galloway
Clerk of the Privy Council
SCHEDULE
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 Case |
300.00 |
4. |
Lodging affidavit |
25.00 |
5. |
Original Order of the Judicial Committee |
30.00 |
6. |
Office Copy of Committee Order |
10.00 |
7. |
Certificate delivered to the parties |
25.00 |
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.
Notes:
[1]
1998 c. 46.back
[2]
1998 c. 38.back
[3]
1998 c. 47.back
[4]
S.I. 1999/665, Schedule.back
ISBN
0 11 046945 3
|
© Crown copyright 2003 |
Prepared
25 July 2003
|