The Sheriffs' Fees (Amendment No. 2) Order 1956

Statutory Instruments

1956 No. 2081 (L. 24)

SHERIFF COURT SCOTLAND

The Sheriffs' Fees (Amendment No. 2) Order, 1956

Made

21st December 1956

Coming into Operation

1st January 1957

I, David Viscount Kilmuir, Lord High Chancellor of Great Britain, with the advice and consent of the undersigned Judges of the Court of Appeal and the High Court, and with the concurrence of the Treasury, do hereby make the following Order in exercise of the powers conferred on me by section 20 (2) of the Sheriffs Act, 1887 —

1.  At the beginning of the first paragraph following Fee No. 10 in the Schedule to the Order made under section 20 (2) of the Sheriffs Act, 1887, and dated the 8th day of July, 1920(1), there shall be added the words “Except where the judgment or order sought to be enforced is for less than £40 and does not entitle the plaintiff to costs against the person against whom the execution is issued”.

2.  This Order may be cited as the Sheriffs' Fees (Amendment No. 2) Order, 1956, and shall come into operation on the 1st day of January, 1957.

Kilmuir, C

Goddard, L.J

Evershed, M.R

A. T. Denning, L.J

Dated the 21st day of December, 1956

We concur.

Martin Redmayne

Edward Wakefield

Lords Commissioners of Her Majesty's Treasury

EXPLANATORY NOTE

Under the Rules of the Supreme Court (No. 3) 1956 (S.I. 1956/2001), a party entitled to levy execution may not recover the cost of doing so from his debtor if the judgment sought to be enforced is for less than £40 and does not carry costs. This Order makes the necessary consequential amendment to the Sheriffs' Fees Order.

(1)

S.R. & O 1920/1250 (Rev. XX, p.734: 1920 II, p. 673).