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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. 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

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URL: http://www.bailii.org/uk/legis/num_reg/2003/20031880.html