Citation, commencement and effectI41
1
This Order may be cited as the Sheriff Court Fees Order 2022 and, subject to paragraphs (2) and (3), comes into force on 1 July 2022.
2
Article 3(1)(b) and schedule 2 come into force, and article 3(1)(a) and schedule 1 cease to have effect, on 1 April 2023.
3
Article 3(1)(c) and schedule 3 come into force, and article 3(1)(b) and schedule 2 cease to have effect, on 1 April 2024.
InterpretationI72
In this Order—
“extract decree” includes any duly authenticated extract of an order made by the sheriff in respect of any licence, appointment, discharge or like matter,
“minute” means a minute in terms of rule 14.2 of the Ordinary Cause Rules,
“motion” means any written motion lodged with the sheriff clerk in any proceedings in the sheriff court,
“Ordinary Cause Rules” means the Ordinary Cause Rules 19932,
“partner” means a person to whom a person is married or with whom the person is in a civil partnership,
“pursuer” includes a defender or other party to any proceedings in the sheriff court where the pursuer is no longer a party to the proceedings,
“sheriff clerk” includes the Sheriff Clerk of Chancery, the Commissary Clerk of Edinburgh and sheriff clerk depute,
“summary cause” has the meaning assigned to it by section 35(1) of the Sheriff Courts (Scotland) Act 19713, and
“writ” means any document containing written pleadings relating to proceedings in the sheriff court and includes an inventory of estate, a precept of arrestment on a liquid document of debt, a notice of intention to defend and a notice of appearance lodged in an action of multiplepoinding under rule 35.8 of the Ordinary Cause Rules.
Fees payable in sheriff courtsI1I5I173
1
Subject to paragraph (3) and articles 4 to 14—
I17c
in respect of the matters specified in column 1 of the Table of Fees in schedule 3 (table of fees payable from 1 April 2024) are the fees specified in relation to those matters in column 2 of that Table, and
I12
The fees payable under this Order are to be paid to the sheriff clerk or the auditor of court.
I13
The fees provided for by this Order are not payable by the Crown in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.
I14
No act is required of the sheriff clerk or the auditor of court in connection with a matter specified in relation to any fee prior to—
a
the payment of that fee, or
b
an arrangement being entered into for payment of that fee.
Certain fees payable only onceI84
The fees payable in respect of the following matters are payable on one occasion only in respect of a cause—
a
the matters specified in paragraphs 5, 24, 25 and 28 of the Table of Fees in Part 1 of schedule 1, 2 or 3, and
b
the matters specified in paragraphs 4 and 5 of the Table of Fees in Part 2 of schedule 1, 2 or 3.
Matters included in certain feesI25
The following matters include, where appropriate, issue of an extract decree—
a
the matters specified in paragraphs 1, 5 to 8, 16 and 23 of the Table of Fees in Part 1 of schedule 1, 2 or 3, and
b
the matters specified in paragraphs 5 and 6 of the Table of Fees in Part 2 of schedule 1, 2 or 3.
Fees payable in the Sheriff Personal Injury CourtI146
1
The fees specified in the Table of Fees in Part 2 of schedule 1, 2 or 3 apply only in relation to proceedings in the Sheriff Personal Injury Court4.
2
Paragraph (3) applies where a matter is specified both in the Table of Fees in Part 1 of schedule 1, 2 or 3 (sheriff court) and in the Table of Fees in Part 2 of that schedule (sheriff personal injury court).
3
The fee specified in the Table of Fees in Part 2 applies, and the corresponding fee in Part 1 is not payable in relation to proceedings in the Sheriff Personal Injury Court.
Cases in which an extra fee is payableI117
1
When a summary cause or simple procedure case5 is remitted to the ordinary cause roll, the fees payable in paragraphs 5 and 23 of the Table of Fees in Part 1 of schedule 1, 2 or 3 become payable in respect of the cause by the persons who would have been required to pay them if the cause had been from its commencement an ordinary cause, less the amount of any fee previously paid by the person concerned in respect of the cause.
2
When any commissary proceedings, bankruptcy proceedings or proceedings under section 4 of the Requirements of Writing (Scotland) Act 19956 are opposed, the fees specified in paragraphs 5 and 23 of the Table of Fees in Part 1 of schedule 1, 2 or 3 become payable in respect of the proceedings by the persons who would have been required to pay them if the proceedings had been from their commencement proceedings to which those paragraphs applied, less the amount of any fee previously paid by the person concerned in respect of the proceedings.
Exemption of certain persons from fees: legal aidI138
A fee specified by this Order is not payable by a person if—
a
the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 19867 in respect of the matter in the Table of Fees in Part 1 or Part 2 of schedule 1, 2 or 3 in connection with which the fee is payable,
b
the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application, or
c
the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in Part 1 or Part 2 of schedule 1, 2 or 3 in connection with which the fee is payable on the basis of any regulations made under section 36(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.
Exemption of certain persons from fees: social securityI169
1
A fee specified by this Order is not payable by a person if—
a
the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 19928,
b
the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 19959,
c
the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 200210,
d
the person or the person’s partner (“the party”) is in receipt of working tax credit, provided that—
i
child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 200211) which includes the party, or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party,
and that the gross annual income taken into account for the calculation of the working tax credit is £20,592 or less,
e
the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 200712,
f
the person is in receipt of universal credit under Part 1 of the 2012 Act 13,
g
the person is in receipt of either—
i
personal independence payment under Part 4 of the 2012 Act, or
ii
adult disability payment within the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 202214
provided that the person’s gross annual income is £20,592 or less, or
h
the person or the person’s partner has, within the period of 3 months prior to the date the specified fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 201515.
2
In this article—
“the 2012 Act” means the Welfare Reform Act 201216.
Cases where articles 8 and 9 do not applyI610
Articles 8 and 9 do not apply as regards—
a
the fees specified in paragraphs 1 to 4 (commissary proceedings) of the Table of Fees in Part 1 of schedule 1, 2 or 3, or
b
the fee specified in paragraph 18 (sheriff court proceedings: petition for removal of disqualification) of the Table of Fees in Part 1 of schedule 1, 2 or 3.
Exemption in connection with estate exempt from inheritance taxI1511
Where the estate of a deceased person is exempt from inheritance tax by virtue of section 153A (death of emergency service personnel etc.), 154 (death on active service etc.) or 155A (death of constables and service personnel targeted because of their status) of the Inheritance Tax Act 198417, there will be no fee payable in respect of the inventory of that estate under paragraph 3(a), (b) or (c) (commissary proceedings) of the Table of Fees in Part 1 of schedule 1, 2 or 3.
Exemptions relating to particular proceedingsI1212
1
The fees provided for by this Order do not apply to—
a
any application under—
i
section 129 of the Consumer Credit Act 197418 (time orders),
ii
the Mental Health (Care and Treatment) (Scotland) Act 200319, or
iii
any enactment relating to registration of births, marriages or civil partnerships, or
b
any application or appeal under the Children’s Hearings (Scotland) Act 201120.
2
Except in relation to the fee specified in paragraph 34 of the Table of Fees in Part 1 of schedule 1, 2 or 3, the fees otherwise payable by a debtor or creditor in terms of this Order do not apply to any proceedings under the Debtors (Scotland) Act 198721 or the Debt Arrangement and Attachment (Scotland) Act 200222.
Exemptions for applicants for certain interdicts and ordersI913
1
The fees provided for by this Order are not payable by a person applying for a specified interdict or for an exclusion order.
2
In this article—
a
“specified interdict” means an interdict or interim interdict that is—
i
a matrimonial interdict within the meaning of section 14(2) of the Matrimonial Homes (Family Protection) (Scotland) Act 198123 (interdict competent where spouses live together),
ii
a domestic interdict within the meaning of section 18A of that Act24 (meaning of “domestic interdict”),
iii
a relevant interdict under section 113(2) of the Civil Partnership Act 200425 (civil partners: competency of interdict), or
iv
otherwise an interdict in respect of which there is an application for a power of arrest to be attached under section 1 of the Protection from Abuse (Scotland) Act 200126 (attachment of power of arrest to interdict), and
3
The exemption in paragraph (1) does not apply to a person applying for a principal remedy other than a specified interdict or exclusion order.
Exemption of certain motions from fees: jury trials in the Sheriff Personal Injury CourtI314
The fees specified in paragraph 29 of the Table of Fees in Part 1 of schedule 1, 2 or 3 and in paragraph 1 of the Table of Fees in Part 2 of schedule 1, 2 or 3 are not payable in respect of motions under the following rules of the Ordinary Cause Rules—
a
rule 36B.2(2)(b) (motion for a proof),
b
rule 36B.2(6) (motion for approval of proposed issue),
c
rule 36B.2(7) (motion for approval of proposed counter-issue), and
d
rule 36B.10 (motion for application of verdict).
RevocationsI1015
The following instruments are revoked—
a
The Sheriff Court Fees Order 201829, and
b
The Sheriff Court Fees Amendment Order 201830.