The Sheriff Court Fees Order 2022

Scottish Statutory Instruments

2022 No. 181

Sheriff Court

The Sheriff Court Fees Order 2022

Made

24th May 2022

Laid before the Scottish Parliament

26th May 2022

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 107(1) and (2) of the Courts Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.

Citation, commencement and effect

1.—(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.

Interpretation

2.  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 1993(2),

“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 1971(3), 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 courts

3.—(1) Subject to paragraph (3) and articles 4 to 14—

(a) the fees payable in a sheriff court in respect of the matters specified in column 1 of the Table of Fees in schedule 1 (table of fees payable from 1 July 2022) are the fees specified in relation to those matters in column 2 of that Table, and

(b) in respect of the matters specified in column 1 of the Table of Fees in schedule 2 (table of fees payable from 1 April 2023) are the fees specified in relation to those matters in column 2 of that Table, and

(c) 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

(2) The fees payable under this Order are to be paid to the sheriff clerk or the auditor of court.

(3) 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.

(4) 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 once

4.  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 fees

5.  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 Court

6.—(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 Court(4).

(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 payable

7.—(1) When a summary cause or simple procedure case(5) 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 1995(6) 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 aid

8.  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 1986(7) 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 security

9.—(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 1992(8),

(b) the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995(9),

(c) the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002(10),

(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 2002(11)) 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 2007(12),

(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 2022(14)

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 2015(15).

(2) In this article—

“the 2012 Act” means the Welfare Reform Act 2012(16).

Cases where articles 8 and 9 do not apply

10.  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 tax

11.  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 1984(17), 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 proceedings

12.—(1) The fees provided for by this Order do not apply to—

(a) any application under—

(i) section 129 of the Consumer Credit Act 1974(18) (time orders),

(ii) the Mental Health (Care and Treatment) (Scotland) Act 2003(19), 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 2011(20).

(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 1987(21) or the Debt Arrangement and Attachment (Scotland) Act 2002(22).

Exemptions for applicants for certain interdicts and orders

13.—(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 1981(23) (interdict competent where spouses live together),

(ii) a domestic interdict within the meaning of section 18A of that Act(24) (meaning of “domestic interdict”),

(iii) a relevant interdict under section 113(2) of the Civil Partnership Act 2004(25) (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 2001(26) (attachment of power of arrest to interdict), and

(b) “exclusion order” means an exclusion order under—

(i) section 4 of the Matrimonial Homes (Family Protection) (Scotland) Act 1981(27) (exclusion orders),

(ii) section 76 of the Children (Scotland) Act 1995(28) (exclusion orders etc.), or

(iii) section 104 of the Civil Partnership Act 2004 (exclusion orders).

(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 Court

14.  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).

Revocations

15.  The following instruments are revoked—

(a) The Sheriff Court Fees Order 2018(29), and

(b) The Sheriff Court Fees Amendment Order 2018(30).

ASH REGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

24th May 2022

Article 3(1)(a)

SCHEDULE 1 TABLES OF FEES

PART 1 Sheriff court

Payable from 1 July 2022

Column 1					Column 2	Column 3
(Matters)					(Fee Payable)	(Fee Formerly Payable)(31)
					£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for commissary proceedings					19	19
(NOTE: the fee includes issue of extract decree).
2. Sealing up repositories or the like, per hour.					33	33
3.
		(a) Receiving and examining inventory of estate, except where sub-paragraph (b) or (c) of this paragraph applies—
			(i) where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—
				£50,000,	No fee	No fee
				£250,000,	271	266
			(ii) where the amount of the estate exceeds £250,000,		543	532
		(b) receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa—
			(i) where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—
				£50,000,	No fee	No fee
				£250,000,	271	266
			(ii) where the amount of the estate exceeds £250,000,		543	532
		(c) Receiving and examining inventory of estate where it is declared that confirmation is not required.			The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable	The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable
4. Commissary copying and extracting.
	(1) Issuing certificate of confirmation—
		(a) if ordered when lodging inventory, each certificate,			8	8
		(b) if ordered subsequent to lodging inventory—
			(i) first certificate, including search fee,		19	19
			(ii) each subsequent certificate.		8	8
	(2) Copy or duplicate confirmation—
		(a) if ordered when lodging inventory,			13	13
		(b) if ordered subsequent to lodging inventory—
			(i) duplicate confirmation, including search fee,		28	27
			(ii) each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).		13	13
	(3) Certified extract confirmation and will (if any)—
		(a) if ordered when lodging inventory,			28	27
		(b) if ordered subsequent to lodging inventory—
			(i) certified extract, including search fee,		40	39
			(ii) each subsequent certified extract if ordered at the same time as the certified extract in head (i).		28	27
	(4) Copy will—
		(a) if ordered when lodging inventory,			8	8
		(b) if ordered subsequent to lodging inventory—
			(i) copy will, including search fee,		19	19
			(ii) each subsequent copy will if ordered at the same time as the copy will in head (i).		8	8
PART II — SHERIFF COURT PROCEEDINGS
Initial Writ
5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table specifies a fee. (NOTE: fee covers issue of extract decree).					135	132
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.					135	132
Divorce and dissolution of civil partners
7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application). (NOTE: fee covers issue of extract decree).					162	159
Application for simplified divorce and simplified dissolution of civil partnership
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree).					131	128
9. Subsequent application upon change of circumstances by party.					34	33
Summary warrant
10. Application for summary warrant.					78	75
Bankruptcy and Insolvency
11. Petition for sequestration of estates or petition for recall of award of sequestration.					122	120
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016.					63	62
13. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986 or filing documents with the court to obtain a moratorium under section A3 of Part A1 of that Act.					132	No previous fee payable
Declarator and petitions for completion of title for the Sheriff of Chancery
14. Application for declarator and petition for completion of title to the Sheriff of Chancery.					247	242
15. Issue of chancery extract.					115	113
Summary cause/simple procedure
16. Summons for summary cause or claim form for simple procedure case (NOTE: includes European small claim procedure and fee covers issue of extract decree or issue of decision)—
		(a) actions for payment of money of £200 or less (or 250 euros for European small claims),			19	19
		(b) other actions,			108	106
		(c) on the marking of an appeal or the sending of an appeal form to the sheriff court.			63	62
Criminal procedure
17. Summary complaint raising a private prosecution					40	39
Road Traffic Offenders Act 1988
18. Petition for removal of disqualification.					97	95
Miscellaneous
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.					19	19
20. Caveat.					46	45
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.					28	27
22. Note in a liquidation or judicial factory.					40	39
Defender’s responses
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
		(a) in proceedings to which paragraph 5 of this Table applies,			134	132
		(b) in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).			162	159
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).					122	120
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.					122	120
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.					58	57
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).					247	242
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.					71	70
Payable by any party (including pursuer)
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion).					52	51
30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).					122	120
Sheriff court books
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).					28	27
32. 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 36 of this Table).					13	13
Miscellaneous office procedures
33. Lodging each set of plans or other Parliamentary deposit.					77	75
34. Inspection of report of auction and the auditor of court’s report.					19	19
35. Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as appropriately included in the Ordinary Cause Rules, with the fees payable in advance weekly for 12 months.					375	368
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (exclusive of search fee)—
		(a) by photocopying or otherwise producing a printed or typed copy—
			(i) up to 10 pages,		7	7
			(ii) each page or part thereof in excess of 10 pages,		0.50	0.50
		(b) for a copy of each document in electronic form.			7	7
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.—					13	13
	In addition, correspondence fee where applicable.				13	13
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.					13 plus sheriff officer’s fee	13 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
		(a) lodging account for taxation,			47	46
		(b) taxing accounts of expenses etc.—
			(i) up to £400,		21	21
			(ii) for every additional £100 or part thereof.		5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
		(c) cancellation of diet of taxation—
			(i) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation,		50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
			(ii) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.		75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

PART 2 Sheriff Personal Injury Court

Payable from 1 July 2022

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)(32)
	£	£
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute. (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)	58	57
2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause.	63	62
3. Hearing fee: per 30 minutes or part thereof.	85	83
4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause).	115	113
5. Initial writ. (NOTE: fee covers issue of extract decree).	232	227
6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree).	232	227
7. Citation of a civil jury. (NOTE: includes outlays incurred in citing and countermanding, and is payable on the lodging of a proposed issue for jury trial.)	323	317
8. Certified copy of a document.	19	19

Article 3(1)(b)

SCHEDULE 2 TABLES OF FEES

PART 1 Sheriff court

Payable from 1 April 2023

Column 1					Column 2	Column 3
(Matters)					(Fee Payable)	(Fee Formerly Payable)(33)
					£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for commissary proceedings.					20	19
(NOTE: the fee includes issue of extract decree).
2. Sealing up repositories or the like, per hour.					34	33
3.
		(a) Receiving and examining inventory of estate, except where sub-paragraph (b) or (c) of this paragraph applies—
			(i) where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—
				£50,000,	No fee	No fee
				£250,000,	276	271
			(ii) where the amount of the estate exceeds £250,000,		553	543
		(b) receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa—
			(i) where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—
				£50,000,	No fee	No fee
				£250,000,	276	271
			(ii) where the amount of the estate exceeds £250,000,		522	512
		(c) Receiving and examining inventory of estate where it is declared that confirmation is not required.			The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable	The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable
4. Commissary copying and extracting.
	(1) Issuing certificate of confirmation—
		(a) if ordered when lodging inventory, each certificate,			8	8
		(b) if ordered subsequent to lodging inventory—
			(i) first certificate, including search fee,		20	19
			(ii) each subsequent certificate.		8	8
	(2) Copy or duplicate confirmation—
		(a) if ordered when lodging inventory,			13	13
		(b) if ordered subsequent to lodging inventory—
			(i) duplicate confirmation, including search fee,		28	28
			(ii) each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).		13	13
	(3) Certified extract confirmation and will (if any)—
		(a) if ordered when lodging inventory,			28	28
		(b) if ordered subsequent to lodging inventory—
			(i) certified extract, including search fee,		40	40
			(ii) each subsequent certified extract if ordered at the same time as the certified extract in head (i).		28	28
	(4) Copy will—
		(a) if ordered when lodging inventory,			8	8
		(b) if ordered subsequent to lodging inventory—
			(i) copy will, including search fee,		20	19
			(ii) each subsequent copy will if ordered at the same time as the copy will in head (i).		8	8
PART II — SHERIFF COURT PROCEEDINGS
Initial Writ
5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table specifies a fee. (NOTE: fee covers issue of extract decree).					138	135
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.					138	135
Divorce and dissolution of civil partners
7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application). (NOTE: fee covers issue of extract decree).					165	162
Application for simplified divorce and simplified dissolution of civil partnership
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree).					134	131
9. Subsequent application upon change of circumstances by party.					34	34
Summary warrant
10. Application for summary warrant.					80	78
Bankruptcy and Insolvency
11. Petition for sequestration of estates or petition for recall of award of sequestration.					124	122
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016.					64	63
13. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986 or filing documents with the court to obtain a moratorium under section A3 of Part A1 of that Act.					135	132
Declarator and petitions for completion of title for the Sheriff of Chancery
14. Application for declarator and petition for completion of title to the Sheriff of Chancery.					252	247
15. Issue of chancery extract.					117	115
Summary cause/simple procedure
16. Summons for summary cause or claim form for simple procedure case(NOTE: includes European small claim procedure and fee covers issue of extract decree or issue of decision)—
		(a) actions for payment of money of £200 or less(or 250 euros for European small claims,			20	19
		(b) other actions,			110	108
		(c) on the marking of an appeal or the sending of an appeal form to the sheriff court.			64	63
Criminal procedure
17. Summary complaint raising a private prosecution					41	40
Road Traffic Offenders Act 1988
18. Petition for removal of disqualification.					99	97
Miscellaneous
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.					20	19
20. Caveat.					47	46
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.					28	28
22. Note in a liquidation or judicial factory.					41	40
Defender’s responses
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
		(a) in proceedings to which paragraph 5 of this Table applies,			137	134
		(b) in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).			165	162
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).					124	122
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.					124	122
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.					59	58
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).					251	247
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.					72	71
Payable by any party (including pursuer)
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion).					53	52
30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).					124	122
Sheriff court books
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).					28	28
32. 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 36 of this Table).					13	13
Miscellaneous office procedures
33. Lodging each set of plans or other Parliamentary deposit.					79	77
34. Inspection of report of auction and the auditor of court’s report.					20	19
35. Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as appropriately included in the Ordinary Cause Rules, with the fees payable in advance weekly for 12 months.					382	375
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (exclusive of search fee)—
		(a) by photocopying or otherwise producing a printed or typed copy—
			(i) up to 10 pages,		7	7
			(ii) each page or part thereof in excess of 10 pages,		0.50	0.50
		(b) for a copy of each document in electronic form.			7	7
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.—					13	13
	In addition, correspondence fee where applicable.				13	13
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.					13 plus sheriff officer’s fee	13 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
		(a) lodging account for taxation,			48	47
		(b) taxing accounts of expenses etc.—
			(i) up to £400,		22	21
			(ii) for every additional £100 or part thereof.		5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
		(c) cancellation of diet of taxation—
			(i) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation,		50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
			(ii) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.		75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

PART 2 Sheriff Personal Injury Court

Payable from 1 April 2023

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)(34)
	£	£
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute. (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)	59	58
2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause.	64	63
3. Hearing fee: per 30 minutes or part thereof.	87	85
4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause).	117	115
5. Initial writ. (NOTE: fee covers issue of extract decree).	237	232
6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree).	237	232
7. Citation of a civil jury. (NOTE: includes outlays incurred in citing and countermanding, and is payable on the lodging of a proposed issue for jury trial.)	329	323
8. Certified copy of a document.	20	19

Article 3(1)(c)

SCHEDULE 3 TABLES OF FEES

PART 1 Sheriff court

Payable from 1 April 2024

Column 1					Column 2	Column 3
(Matters)					(Fee Payable)	(Fee Formerly Payable)(35)
					£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for commissary proceedings					20	20
(NOTE: the fee includes issue of extract decree).
2. Sealing up repositories or the like, per hour.					35	34
3.
		(a) Receiving and examining inventory of estate, except where sub-paragraph (b) or (c) of this paragraph applies—
			(i) where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—
				£50,000,	No fee	No fee
				£250,000,	282	276
			(ii) where the amount of the estate exceeds £250,000,		565	553
		(b) receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa—
			(i) where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—
				£50,000,	No fee	No fee
				£250,000,	282	276
			(ii) where the amount of the estate exceeds £250,000,		532	522
		(c) Receiving and examining inventory of estate where it is declared that confirmation is not required.			The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable	The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable
4. Commissary copying and extracting.
	(1) Issuing certificate of confirmation—
		(a) if ordered when lodging inventory, each certificate,			8	8
		(b) if ordered subsequent to lodging inventory—
			(i) first certificate, including search fee,		20	20
			(ii) each subsequent certificate.		8	8
	(2) Copy or duplicate confirmation—
		(a) if ordered when lodging inventory,			13	13
		(b) if ordered subsequent to lodging inventory—
			(i) duplicate confirmation, including search fee,		29	28
			(ii) each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).		13	13
	(3) Certified extract confirmation and will (if any)—
		(a) if ordered when lodging inventory,			29	28
		(b) if ordered subsequent to lodging inventory—
			(i) certified extract, including search fee,		41	40
			(ii) each subsequent certified extract if ordered at the same time as the certified extract in head (i).		29	28
	(4) Copy will—
		(a) if ordered when lodging inventory,			8	8
		(b) if ordered subsequent to lodging inventory—
			(i) copy will, including search fee,		20	20
			(ii) each subsequent copy will if ordered at the same time as the copy will in head (i).		8	8
PART II — SHERIFF COURT PROCEEDINGS
Initial Writ
5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table specifies a fee. (NOTE: fee covers issue of extract decree).					141	138
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.					141	138
Divorce and dissolution of civil partners
7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application). (NOTE: fee covers issue of extract decree).					168	165
Application for simplified divorce and simplified dissolution of civil partnership
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree).					137	134
9. Subsequent application upon change of circumstances by party.					35	34
Summary warrant
10. Application for summary warrant.					82	80
Bankruptcy and Insolvency
11. Petition for sequestration of estates or petition for recall of award of sequestration.					126	124
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016.					65	64
13. Lodging of notice of appointment or intention to appoint an administrator out of court under the Insolvency Act 1986 or filing documents with the court to obtain a moratorium under section A3 of Part A1 of that Act.					137	135
Declarator and petitions for completion of title for the Sheriff of Chancery
14. Application for declarator and petition for completion of title to the Sheriff of Chancery.					257	252
15. Issue of chancery extract.					119	117
Summary cause/simple procedure
16. Summons for summary cause or claim form for simple procedure case(NOTE: includes European small claim procedure and fee covers issue of extract decree or issue of decision)—
		(a) actions for payment of money of £200 or less(or 250 euros for European small claims),			20	20
		(b) other actions,			112	110
		(c) on the marking of an appeal or the sending of an appeal form to the sheriff court.			65	64
Criminal procedure
17. Summary complaint raising a private prosecution.					42	41
Road Traffic Offenders Act 1988
18. Petition for removal of disqualification.					101	99
Miscellaneous
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.					20	20
20. Caveat.					48	47
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.					29	28
22. Note in a liquidation or judicial factory.					42	41
Defender’s responses
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
		(a) in proceedings to which paragraph 5 of this Table applies,			141	138
		(b) in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).			168	165
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).					126	124
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.					126	124
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.					60	59
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).					256	251
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.					73	72
Payable by any party (including pursuer)
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion).					54	53
30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).					126	124
Sheriff court books
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).					29	28
32. 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 36 of this Table).					13	13
Miscellaneous office procedures
33. Lodging each set of plans or other Parliamentary deposit.					81	79
34. Inspection of report of auction and the auditor of court’s report.					20	20
35. Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as appropriately included in the Ordinary Cause Rules, with the fees payable in advance weekly for 12 months.					390	382
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (exclusive of search fee)—
		(a) by photocopying or otherwise producing a printed or typed copy—
			(i) up to 10 pages,		7	7
			(ii) each page or part thereof in excess of 10 pages,		0.50	0.50
		(b) for a copy of each document in electronic form.			7	7
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.—					13	13
	In addition, correspondence fee where applicable.				13	13
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.					13 plus sheriff officer’s fee	13 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
		(a) lodging account for taxation,			49	48
		(b) taxing accounts of expenses etc.—
			(i) up to £400,		23	22
			(ii) for every additional £100 or part thereof.		5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
		(c) cancellation of diet of taxation—
			(i) where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation,		50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
			(ii) where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.		75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

PART 2 Sheriff Personal Injury Court

Payable from 1 April 2024

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)(36)
	£	£
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute. (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)	60	59
2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause.	65	64
3. Hearing fee: per 30 minutes or part thereof.	89	87
4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause).	119	117
5. Initial writ. (NOTE: fee covers issue of extract decree).	241	237
6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree).	241	237
7. Citation of a civil jury. (NOTE: includes outlays incurred in citing and countermanding, and is payable on the lodging of a proposed issue for jury trial.)	336	329
8. Certified copy of a document.	20	20

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the fees payable in the sheriff court, to the sheriff clerk or the auditor of court (as appropriate).

Article 3 and schedules 1 to 3 specify fee levels payable in a sheriff court in respect of certain matters.

• The fee levels for the period from 1 July 2022 until 31 March 2023 are given effect by the Tables of Fees in schedule 1.

• The fee levels for the period from 1 April 2023 until 31 March 2024 are given effect by the Tables of Fees in schedule 2.

• The fee levels from 1 April 2024 onwards are given effect by the Tables of Fees in schedule 3.

Article 3(3) provides that fees are not to be 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.

Article 3(4) provides that the relevant office holders are not required to do any act in connection with the matter specified in relation to that fee without either prior payment of the fee or entering into an arrangement for payment of the fee.

Article 4 provides that certain fees are payable only once.

Article 5 provides for matters (extract decrees or registration or renewals of registration) included in certain fees.

Article 6 provides for fees payable in the Sheriff Personal Injury Court.

Article 7 provides for cases in which an extra fee is payable.

Articles 8 and 9 provide exemption for certain persons from fees.

Article 10 provides that the fee exemptions in articles 8 and 9 (concerned with legal aid and social security respectively) do not apply in certain cases.

Article 11 provides for exemption in connection with estates exempt from inheritance tax.

Articles 12 and 13 provides for exemption relating to particular proceedings.

Article 14 provides for certain motions in the Sheriff Personal Injury Court to be exempted from fees.

Article 15 revokes the Sheriff Court Fees Order 2018 (and an amending instrument).

A Business and Regulatory Impact Assessment has been prepared for this Order and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.

(1)

2014 asp 18.

(2)

The Ordinary Cause Rules 1993 are in schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c. 51). Schedule 1 was substituted by S.I. 1993/1956 and was last amended by S.S.I. 2019/123.

(3)

1971 c. 58. Section 35(1) was amended by S.S.I. 2007/507 and the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

(4)

See article 2 of the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 (S.S.I. 2015/213).

(5)

“simple procedure case” is defined in section 72(9) of the Courts Reform (Scotland) Act 2014 (asp 18).

(6)

1995 c. 7. Sections 2-9 are moved into a new Part 2 by the Land Registration (Scotland) Act 2012 (asp 5).

(7)

1986 c. 47. Section 13(2) was amended by paragraph 36(3) of schedule 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).

(8)

1992 c. 4. Section 124, which provides for income support, was amended by schedules 2 and 3 of the Jobseekers Act 1995 (c. 18); paragraph 28 of Part 4 of schedule 8 of the Welfare Reform and Pensions Act 1999 (c. 30); schedules 2 and 3 of the State Pension Credit Act 2002 (c. 16); schedule 24 of the Civil Partnership Act 2004 (c. 33); schedules 3 and 8 of the Welfare Reform Act 2007 (c. 5); section 3 of the Welfare Reform Act 2009 (c. 24); and paragraph 1 of schedule 14 of the Welfare Reform Act 2012 (c. 5).

(9)

1995 c. 18.

(10)

2002 c. 16.

(11)

2002 c. 21. Paragraphs (a) and (b) of section 3(5A) were substituted for paragraphs (a) to (d) by paragraph 23(2) of schedule 3 of S.I. 2019/1458. Section 3(5A) was substituted for section 3(5) and (6) by paragraph 144(3) of schedule 24 of schedule 24 of the Civil Partnership Act 2004 (c. 33). Part 1 of the Tax Credits Act 2002 was repealed by paragraph 1 of schedule 14 of the Welfare Reform Act 2012 subject to savings provisions in S.I. 2019/167

(12)

2007 c. 5.

(13)

2012 c. 5.

(14)

S.S.I. 2022/54.

(15)

2015 asp 5.

(16)

2012 c. 5.

(17)

1984 c. 51. Sections 153A and 155A were inserted by, and section 154 was last amended by, section 75 of the Finance Act 2015 (c. 11).

(18)

1974 c. 39. Section 129 was amended by the Debtors (Scotland) Act 1987 (c. 18) and the Consumer Credit Act 2006 (c. 14).

(19)

2003 asp 13.

(20)

2011 asp 1.

(21)

1987 c. 18.

(22)

2002 asp 17.

(23)

1981 c. 59. Section 14 was amended by schedule 3 of the Family Law (Scotland) Act 2006 (asp 2) and by S.S.I. 2006/384.

(24)

Section 18A was inserted by section 31(3) of the Family Law (Scotland) Act 2006 (asp 2).

(25)

2004 c. 33. Section 113 was amended by paragraph 8 of schedule 1 and schedule 3 of the Family Law (Scotland) Act 2006 and by S.S.I. 2006/384.

(26)

2001 asp 14. Section 1 was amended by paragraph 1 of schedule 3 of the Family Law (Scotland) Act 2006.

(27)

Section 4 was amended by section 13(5) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73). By virtue of section 18(3) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, section 4 applies in certain cases to cohabiting couples.

(28)

1995 c. 36. There are amendments to section 76 not relevant to this Order.

(29)

S.S.I. 2018/81, amended by S.S.I. 2018/194.

(30)

S.S.I. 2018/194.

(31)

Column 3 shows the fees which were payable by virtue of Part 1 of schedule 3 of S.S.I. 2015/264 (as substituted by S.S.I. 2016/332) immediately before the coming into force of this schedule.

(32)

Column 3 shows the fees which were payable by virtue of Part 2 of schedule 3 of S.S.I. 2015/264 (as substituted by schedule 4 of S.S.I. 2016/332) immediately before the coming into force of this schedule.

(33)

Column 3 shows the fees which were payable by virtue of Part 1 of schedule 1 of this Order immediately before the coming into force of this schedule.

(34)

Column 3 shows the fees which were payable by virtue of Part 2 of schedule 1 of this Order immediately before the coming into force of this schedule.

(35)

Column 3 shows the fees which were payable by virtue of Part 1 of schedule 2 of this Order immediately before the coming into force of this schedule.

(36)

Column 3 shows the fees which were payable by virtue of Part 2 of schedule 2 of this Order immediately before the coming into force of this schedule.