Act of Sederunt (Fees of Sheriff Officers) 1993

Statutory Instruments

1993 No. 120 (S.8)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Fees of Sheriff Officers) 1993

Made

22nd January 1993

Laid before Parliament

1st February 1993

Coming into force

22nd February 1993

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 40 of the Sheriff Courts (Scotland) Act 1907(1), section 6 of the Execution of Diligence (Scotland) Act 1926(2) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 1993 and shall come into force on 22nd February 1993.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees

2.—(1) Subject to the provisions of the following sub-paragraphs, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990(3), substitute the Table of Fees in the Schedule to this Act of Sederunt.

(2) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 as substituted by sub-paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.

(3) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 having effect before the substitution under sub-paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.

J.A.D. Hope

Lord President, IPD

Edinburgh,

22nd January 1993

Paragraph 2(1)

SCHEDULE TABLE OF FEES

Item	Summary Cause			Ordinary Cause
	Band 1	Band 2	Band 3	Band 1	Band 2	Band 3
	£	£	£	£	£	£
1.  Service or intimation of a document (a) Service (i) each person at a diferent address	16.95	26.10	33.70	27.70	40.65	52.90
(ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987	5.65	5.65	5.65	9.25	9.25	9.25
(b) Postal service	8.50	8.50	8.50	13.90	13.90	13.90
(c) Postal diligence	12.75	12.75	12.75	20.85	20.85	20.85
2.  Interdicts (a) Interdict only (i) each person at a different address				76.00	76.00	76.00
(ii) each additinal person at the same address				16.70	16.70	16.70
(b) Interdict and service (i) each person at a different address				85.30	85.30	85.30
(ii) each additional person at the same address				26.00	26.00	26.00
3.  Poindings (a) Serving notice of entry	3.75	3.75	3.75	5.70	5.70	5.70
(b) Arranging poinding and endeavouring but being unable to execute same for whatever reason	29.40	29.40	29.40	43.05	43.05	43.05
(c) Arranging and executing poinding where appraised value is— (i) £354 or under	50.40	50.40	50.40	50.40	50.40	50.40
(ii) Over £354 and up to £1,425	78.05	78.05	78.05	78.05	78.05	78.05
(iii) Over £1,425 and up to £14,347—10% of the appraised value only (iv) Over £14,347 and up to £71,729—10% of the first £14,347, 5% thereafter up to £71,729 of the appraised value (v) Over £71,729—10% of the first £14,347, 5*percnt; thereafter up to £71,729 and 1% of the appraised value over £71,729
(d) Reporting value over £71,729	4.85	4.85	4.85	4.85	4.85	4.85
4.  Poindings of motor vehicles, heavy plant or machinery (a) Arrnging and executing poindings where appraised value is— (i) £354 or under	50.40	50.40	50.40	50.40	50.40	50.40
(ii) Over £354 and up to £1,576	78.05	78.05	78.05	78.05	78.05	78.05
(iii) Over £1,576 and up to £71,729—5% of the appraised value only (iv) Over £71,729—5% of the first £71,729 and 1% thereafter of the appraised value
(b) Reporting poinding	4.85	4.85	4.85	4.85	4.85	4.85
5.  Sequestrations for rent, poinding of ground (a) Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason	27.40	27.40	27.40	41.10	41.10	41.10
(b) Arranging and effecting sequestration where the appraised value is— (i) £354 or under	48.35	48.35	48.35
(ii) Over £354 and up to £1,425	76.00	76.00	76.00
(iii) Over £1,425 as 3(c)(iii) above
(c) Arranging and effecting ordinary sequestration or poinding of the ground				76.00	76.00	76.00
(d) Service—as it item 1(a) or (b) above, as the case may be
6.  Sales (a) (i) Application for warrant of sale or variation of warrent of sale	7.90	7.90	7.90	7.90	7.90	7.90
(ii) Intimating application—as in item 1(a) or (b) above, as the case may be
(b) (i) Arranging warrant sale, preparing advertisement and giving public notice	12.40	12.40	12.40	12.40	12.40	12.40
(ii) Serving copy of warrent of sale and intimating the place and date of sale and if necessary the date of removal of poinded effects, as in item 1(a) or (b) above, as the case may be
(c) Officer attending warrent sale conducted by auctioneer	21.65	36.60	46.30	21.65	36.60	46.30
(d) (i) Officer and witness attending warrant sale and being unable to execute same for whatever reason	27.40	27.40	27.40	41.10	41.10	41.10
(ii) Officer and witness conducting sale where the appraised value is £354 or under	48.35	48.35	48.35	48.35	48.35	48.35
(iii) Over £354	76.00	76.00	76.00	76.00	76.00	76.00
7.  Ejections (a) Arranging ejection	27.40	27.40	27.40	41.10	41.10	41.10
(b) Arrnging and executing ejection	56.25	56.25	56.25	63.85	63.85	63.85
8.  Taking possession of effects (a) Arranging possession	27.40	27.40	27.40	41.10	41.10	41.10
(b) Arranging and effecting possession	56.25	56.25	56.25	76.00	76.00	76.00
9.  Apprehensions (a) Arranging apprehension				41.10	41.10	41.10
(b) Arranging and apprehending				76.00	76.00	76.00
10.  Taking possession of children (a) Arranging to take possession				41.10	41.10	41.10
(b) Arranging and taking possession of each child				76.00	76.00	76.00
11.  Arresting vessels, aircraft and cargo (a) Arranging to arrest	27.40	27.40	27.40	41.10	41.10	41.10
(b) Arranging and effecting arrestment	69.10	69.10	69.10	125.70	125.70	125.70
12.  Miscellaneous (a) To make any report or application under the Act of 1987 with exception of reporting a poinding	9.50	9.50	9.50	9.50	9.50	9.50
(b) To granting any receipt required to be issued under the Act of 1987	4.85	4.85	4.85	4.85	4.85	4.85
(c) To arranging locksmith or tradesman to be in attendance	3.05	3.05	3.05	3.05	3.05	3.05
(d) To granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor	9.50	9.50	9.50	9.50	9.50	9.50
(e) Executing warrant to open lockfast places	9.50	9.50	9.50	9.50	9.50	9.50
(f) Time (i) with witness—£15.25 per unit (ii) without witness—£11.40 per unit (g) Photocopies (i) first sheet of document—£1.00 (ii) subsequent sheets—£0.50

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Fees of Sheriff Officers) 1990 (S.I. 1990/381) by increasing the fees payable to Sheriff Officers by about 4%. The last increase was in the Act of Sederunt (Fees of Sheriff Officers) 1992 (S.I. 1992/82) as amended by the Act of Sederunt (Fees of Sheriff Officers) (Amendment) 1992 (S.I. 1992/773).

(1)

1907 c. 51; section 40 was amended by the Schedule to the Administration of Justice (Scotland) Act 1933 (c. 41) and by paragraph 7 of Schedule 1 to and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12) and is to be read with section 1(3) of the Secretaries of State Act 1926 (c. 18).

(2)

1926 c. 16.

(3)

S.I. 1990/381; amended by S.I. 1991/290, S.I. 1992/82 and S.I. 1992/773.