Citation and commencement
1.
(1)
This Order may be cited as the Sheriff Court Fees Amendment Order 2009 and, subject to paragraph (2), comes into force on 1st April 2009.
(2)
Article 2(7)(b) comes into force on 6th April 2009.
Amendment of the Sheriff Court Fees Order 1997
2.
(1)
(2)
In article 2(3), for “22, 23 and 28” substitute “26, 27 and 30”.
(3)
In article 4(1), for “1, 6 to 8, 14, 20 and 21” substitute “1, 5 to 7, 18 and 25”.
(4)
Article 4(2) is amended as follows–
(a)
for “11 and 30” substitute “12 and 15”; and
(b)
for “11” when it occurs the second time substitute “12”.
(5)
In article 4(3), for “6” substitute “5”.
(6)
In articles 5(1) and 5(2), for “6 and 20” substitute “5 and 25”.
(7)
(a)
at the end of paragraph (f), omit “or”;
(b)
(c)
“; or
- (a)
the person or his or her partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 20075.”.
(8)
In article 8, for “the fee payable in respect of an inventory of that estate under paragraph 3(a), (b) or (c) of the Table of Fees will, where that fee would amount to more than £2.00, be restricted to £2.00” substitute “there will be no fee payable in respect of the inventory of that estate under paragraph 3(a), (b) or (c) of the Table of Fees.”.
(9)
In article 9(2), for “37” substitute “36”.
(10)
In article 10, for “14(d), 22 to 25, 27 and 28” substitute “18(d), 26 to 29, 30 and 32”.
Amendment of the Sheriff Court Fees Amendment Order 2008
3.
(1)
(2)
After paragraph 5 insert the following matter (column 1) with the corresponding fee payable (column 2) and the fee formerly payable (column 3):–
European order for payment in terms of EU Regulation 1896/20069 |
|
|
5A.Application for European order for payment | 80 | 75 |
(3)
At paragraph 18, in column 1, insert–
(a)
(b)
at the end of sub-paragraph (a) after “£200” the words “(or 250 euros for European Small Claims)”.
(4)
At paragraph 25(a), in column 2, for “75” substitute “80”.
(5)
At paragraph 34, in column 1, for “Preservation of deeds, each deed (Note: Recording and extracting to be charged as in paragraph 38 of this Table)” substitute “Preservation of deeds, each deed (Note: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 38 of this Table)”.
(6)
At paragraph 36, in column 1, for “sale” substitute “auction”.
(7)
At paragraph 38(a), in column 1, for “by photocopying” substitute “by photocopying or otherwise producing a printed or typed copy”.
4.
(1)
(2)
After paragraph 5 insert the following matter (column 1) with the corresponding fee payable (column 2) and the fee formerly payable (column 3):–
European order for payment in terms of EU Regulation 1896/2006 |
|
|
5A.Application for European order for payment | 80 | 75 |
(3)
At paragraph 18, in column 1, insert–
(a)
(b)
(4)
At paragraph 25(a)–
(i)
in column 2, for “75” substitute “80”; and
(ii)
in column 3, for “75” substitute “80”.
(5)
At paragraph 33, in column 1, for “37” substitute “38”.
(6)
At paragraph 34, in column 1, for “Preservation of deeds, each deed (Note: Recording and extracting to be charged as in paragraph 38 of this Table)” substitute “Preservation of deeds, each deed (Note: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 38 of this Table)”.
(7)
At paragraph 36, in column 1, for “sale” substitute “auction”.
(8)
At paragraph 38(a), in column 1, for “by photocopying” substitute “by photocopying or otherwise producing a printed or typed copy”.
St Andrew’s House,
Edinburgh