Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983
In section 5 of the Sheriff Courts (Scotland) Act 1907 (which relates to the jurisdiction of sheriffs), after paragraph (2A) there shall be inserted—.
Any rule of law whereby in any proceedings evidence tending to establish any fact, unless it is corroborated by other evidence, is not to be taken as sufficient proof of that fact shall cease to have effect in relation to any action to which this section applies, and, accordingly, in any such action the court shall be entitled, if they are satisfied that any fact has been established by evidence which has been given in that action, to find that fact proved by that evidence notwithstanding that the evidence is not corroborated.
This section applies to such class or classes of undefended actions for divorce as the Lord Advocate may by order prescribe.
In this section " undefended action for divorce " means an action for divorce in which the defender has not entered appearance or having entered appearance, has not lodged defences or has withdrawn them.
An order under subsection (2) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.
For section 2 of the Courts of Law Fees (Scotland) Act 1895 (which enables the High Court of Justiciary and the Court of Session to regulate court fees) there shall be substituted the following section—
There shall be paid out of moneys provided by Parliament any increase in moneys so payable under any other Act which is attributable to the provisions of this Act.
The enactments specified in Schedule 1 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential upon the provisions of this Act.
The enactments specified in Schedule 2 to this Act are repealed to the extent specified in the third column of that Schedule.
This Act may be cited as the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983.
The following provisions of this Act, that is to say, section 2, this section, and paragraph 2 of Schedule 1 (together with so much of section 6(1) above as relates to that paragraph) shall come into force at the end of the period of two months beginning with the day on which it is passed.
The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint and different days may be appointed for different provisions or for different purposes of the same provision.
This Act shall extend to Scotland only.
Section 6(1)
In section 33 (which provides for the Court of Session to have exclusive jurisdiction in respect of certain consistorial actions), for the word “All” there shall be substituted the words “ Subject to section 5(2B) of the Sheriff Courts (Scotland) Act 1907, all ”.
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at the beginning there shall be inserted the words " Subject to section 2 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983, " and
after the word " enumerated" there shall be inserted the words " (including any actions for divorce brought in the sheriff court) " .
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In section 8 (which empowers the Lord Advocate to appear in actions for declarator of nullity of marriage and divorce), after the word " divorce ", where it first appears, there shall be inserted the words " , whether (in the case of actions for divorce) in the Court of Session or in the sheriff court " .
In section 9 (which empowers the Court to make provision for the children of the marriage in any action for separation or divorce), after the word " divorce" there shall be inserted the words " , whether (in the case of actions for divorce) in the Court of Session or in the sheriff court, " .
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Provided that no scale of costs and fees fixed by the Commission, and no regulations made by them as to the taxation of such costs and fees, shall apply in respect of any of the matters which the Secretary of State may regulate under or by virtue of section 14A of the Legal Aid (Scotland) Act 1967
In section 40 (which relates to the power of the Court of Session to regulate fees etc.), after the word “agents” there shall be inserted the words “ (other than such of the fees of agents as the Secretary of State may regulate under or by virtue of section 14A of the Legal Aid (Scotland) Act 1967) ”.
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In subsection (1) of section 26 (which provides for fees payable by a party applying for a jury trial in a civil cause)—
for the words “Act of Sederunt”, where they appear for the first time, there shall be substituted the words “ an order made by the Secretary of State ”;
after the words “as may be”, where they appear for the second time, there shall be inserted the word “ so ”;
the words “by Act of Sederunt”, where they appear for the second time, shall cease to have effect.
In subsection (3) of section 76 (which relates to the regulation of fees by the High Court of Justiciary), for the words “affect the regulations enacted” there shall be substituted the words “ empower the High Court to make any regulation which the Secretary of State is empowered to make ”.
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In subsection (2A) of section 37 (which relates to remits from the sheriff court to the Court of Session), after the words “sheriff court” there shall be inserted the words “ , being an action for divorce or an action ”.
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In subsection (3) of section 3 (which relates to the financial limit on the prospective cost of advice and assistance).—
for the word " expenses ", in both places where it occurs, there shall be substituted the word " outlays " ;
for the word " disbursements ", wherever it occurs, there shall be substituted the word " outlays " ;
the words "charges or", in both places where they occur, shall cease to have effect; and
for the words " fees payable to ", in both places where they occur, there shall be substituted the words " the fees and outlays of " .
In section 4 (which relates to contributions from persons receiving advice or assistance), for the words " charge or fee " and the words " charges or fees " there shall be substituted the words " fees or outlays " .
In section 5 (which relates to the payment of charges or fees otherwise than through the client's contribution)—
for the words " charges or fees", wherever they occur, there shall be substituted the words " fees or outlays " ;
subsection (6) shall cease to have effect.
In section 6 (which provides for certain provisions of the Legal Aid (Scotland) Act 1967 to have effect in relation to legal advice and assistance as they have effect in relation to legal aid)—
in subsection (1)(b), for the word " 15 " there shall be substituted the words " 14A " ;
in subsection (3), before the words " and section 15" there shall be inserted the words " , 14A " .
In section 8 (which relates to the jurisdiction of the sheriffcourt),—
in subsection (1), at the end there shall be added the words “ or divorce ”;
in subsection (2) of the said section, after the word “separation” there shall be inserted the words “ or divorce ”;
in subsection (3) of the said section, after the word “separation” there shall be inserted the words “ or divorce ”; and
in subsection (4) of the said section, after the word “separation” there shall be inserted the words “ or divorce ”.
In paragraph 8 of Schedule 3 (which relates to the sisting of consistorial actions)—
after the words “in the Court of Session” there shall be inserted the words “ or in the sheriff court ”;
after the word “Court” where it appears for the second time there shall be inserted the word “ concerned ”.
In paragraph 9(3) of the said Schedule the words “on the Court of Session” shall cease to have effect.
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In section 13(1) (which defines terms used in the Act), in the definition of “court” for the words from “—(a)” to “require” there shall be substituted the words “ , in relation to any action, the Court of Session or the sheriff court, as the case may require. ”.
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In Schedule 14 (repeals) in the entry relating to the Sheriff Courts (Scotland) Act 1907, for the words “the first “Provided”” there shall be substituted the words “ Provided that actions ”.
Chapter Short title Extent of repeal 1 & 2 Geo. 4. c. 38. The Court of Session Act 1821. Section 31. 7 Edw. 7. c. 51. The Sheriff Courts (Scotland) Act 1907. In section 40, the words from “and, with the” to “fees of court”. 15 & 16 Geo. 5. c. 33. The Church of Scotland (Property and Endowments) Act 1925. In section 11(3), the words from “The Court of Session” to “the said fees.”. 1 & 2 Geo. 6. c. 50. The Divorce (Scotland) Act 1938. The whole Act. 12 & 13 Geo. 6. c. 27. The Juries Act 1949. In section 26(1), the words “by Act of Sederunt” where they appear for the second time. 1967 c. 43. The Legal Aid (Scotland) Act 1967. Section 16(1)(b)(i), (2) and (4), and Schedule 2. 1972 c. 50. The Legal Advice and Assistance Act 1972. In section 3(3) the words “charges or” in both places where they occur. Section 5(6). 1973 c. 45. The Domicile and Matrimonial Proceedings Act 1973. In Schedule 3, in paragraph 9(3) the words “on the Court of Session”.