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This Order makes provision for the fees payable from 1 November 2024 in the sheriff court, to the sheriff clerk or the auditor of court (as appropriate).
Article 3 and the schedule specify fee levels payable in respect of certain matters, given effect by the Tables of Fees in the schedule.
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 exemptions concerned with legal aid and social security for certain persons. Article 10 provides that these fee exemptions 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 2022 (and an instrument which amended that Order).
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.
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Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
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