Act of Sederunt (Fees of Sheriff Officers) (Amendment) 1992

This Statutory Instrument has been made in consequence of a defect in S.I. 1992/82 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1992 No. 773 (S.81)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Fees of Sheriff Officers) (Amendment) 1992

Made

5th March 1992

Laid before Parliament

16th March 1992

Coming into force

6th April 1992

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 40 of the Sheriff Courts (Scotland) Act 1907(1), section 6 of the Execution of Diligence (Scotland) Act 1926(2) 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 Sheriff Officers) (Amendment) 1992 and shall come into force on 6th April 1992.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees

2.—(1) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990(3), shall be amended in accordance with the following sub-paragraphs.

(2) In Items 3(c)(ii) (poindings) and 4(a)(ii) (poindings of motor vehicles, heavy plant or machinery), for the figures “75.00” wherever they occur substitute “75.05”.

(3) In Item 6(c) (Sales, officer attending warrant sale conducted by auctioneer)—

(a) in both summary cause and ordinary cause Band 2, for the figures “20.80” substitute “35.20”;

(b) in both summary cause and ordinary cause Band 3, for the figures “20.80” substitute “44.50”.

(4) In Item 6(d)(i) (officer and witness attending warrant sale and being unable to execute same for whatever reason) in ordinary cause Bands 1, 2 and 3, for the figures “26.35” substitute “39.50”.

(5) In Items 7(a) (ejections, arranging ejection) and 8(a) (arranging possession), in ord inary cause Bands 1, 2 and 3, for the figures “39.10” substitute “39.50”.

(6) The fees as amended by this paragraph shall apply to work done on or after the date on which this Act of Sederunt comes into force.

J.A.D. Hope

Lord President, I.P.D.

Edinburgh,

5th March 1992

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends certain fees in the Act of Sederunt (Fees of Sheriff Officers) 1990 (S.I. 1990/381).

(1)

1907 c. 51; section 40 was amended by the Schedule to the Administration of Justice (Scotland) Act 1933 (c. 41) and by paragraph 7 of Schedule 1 to and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12) and is to be read with section 1(3) of the Secretaries of State Act 1926 (c. 18).

(2)

1926 c. 16.

(3)

S.I. 1990/381; amended by S.I. 1991/290, and S.I. 1992/82.