1996 No. 628 (S.63)

SHERIFF COURT, SCOTLAND

The Sheriff Court Fees Amendment Order 1996

Made4th March 1996

Laid before Parliament11th March 1996

Coming into force1st April 1996

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 18951 and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

Citation and commencement1

This Order may be cited as the Sheriff Court Fees Amendment Order 1996 and shall come into force on 1st April 1996.

Amendment of Fees Order2

1

The Sheriff Court Fees Order 19852 shall be amended in accordance with the following provisions of this article.

2

In article 2(1) (Interpretation), there shall be inserted after the definition of “extract decree” the following definitions:—

“minute” means a minute in terms of rule 14.2 of the Ordinary Cause Rules 19933;
“motion” means—
a
a written motion to which Chapter 15 of the Ordinary Cause Rules 1993 apply; and
b
a written motion made in an undefended family action in terms of Chapter 33 of the Ordinary Cause Rules 1993 in which no notice of intention to defend has been lodged;

3

After article 2(2) (Interpretation), there shall be inserted, as follows:—

3
The fees payable in respect of the matters referred to in paragraphs 35, 36 and 41 of the Table of Fees shall be payable on one occasion only in respect of a cause.

4

In article 5 (cases in which an extra fee is payable)—

a

in paragraph (1)—

i

for the words “ordinary roll”, there shall be substituted the words “ordinary cause roll”; and

ii

for the word “action”, wherever it appears, there shall be substituted the word “cause”; and

b

in paragraph (2) for the words “or bankruptcy proceedings”, there shall be substituted the words “, bankruptcy proceedings or proceedings under section 4 of the Requirements of Writing (Scotland) Act 19954”.

5

For the Table of Fees in the Schedule there shall be substituted the Table of Fees set out in the Schedule to this Order.

Revocation3

Article 2(b) of the Sheriff Court Fees Amendment (No.2) Order 19935 is hereby revoked.

James Douglas-HamiltonMinister of State, Scottish OfficeSt Andrew’s House,Edinburgh29th February 1996

We concur,

Simon BurnsLiam FoxTwo of the Lords Commissioners of Her Majesty’s Treasury4th March 1996

SCHEDULETABLE OF FEES

Article 2(5)

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)6
PART I—COMMISSARY PROCEEDINGS
1 Petition for (a) appointment of executor, (b) restriction of caution, (c) special warrant, (d) sealing up of repositories or the like, or (e) appointment of Commissary factor	£ 10.00	£ 10.00
2 Sealing up repositories or the like, per hour	£ 15.00	£ 15.00
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 18927 is required does not exceed—
£5,000	No fee	No fee up to £3,000
£50,000	£ 70.00	£ 70.00
ii where the amount of the said estate exceeds £50,000	£100.00	£100.00
b Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa	£ 70.00	£ 70.00
c Receiving and examining inventory of estate where it is declared that confirmation is not required:
The fees payable shall be half those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining half of the fees specified in sub-paragraph (a) or (b) shall be payable.
4 Commissary copying and extracting
1 Issuing certificate of confirmation—
a if ordered when lodging inventory-each certificate	£ 3.00	£ 3.00
b if ordered subsequent to lodging inventory—
i first certificate-including search fee	£ 9.00	£ 9.00
ii each subsequent certificate	£ 3.00	£ 3.00
2 Copy or duplicate confirmation—
a if ordered when lodging inventory	£ 5.00	£ 5.00
b if ordered subsequent to lodging inventory—		£ 11.00
i first duplicate-including search fee	£ 11.00	—
ii each subsequent duplicate if ordered at the same time as the first duplicate	£5.00	—
3 Certified extract confirmation and will (if any)—
a if ordered when lodging inventory	£ 11.00	£ 11.00
b if ordered subsequent to lodging inventory—		£ 19.00
i first certified extract-including search fee	£ 17.00	—
ii each subsequent certified extract if ordered at the time of the first certified extract	£ 11.00	—
4 Copy will—
a if ordered when lodging inventory	£ 3.50	£ 3.50
b if ordered subsequent to lodging inventory—	£ 9.00
i first copy-including search fee	£ 9.50	—
ii each subsequent copy, if ordered at the same time as the first copy	£ 3.50	—
PART II—SHERIFF COURT PROCEEDINGS
Ordinary causes and summary or miscellaneous applications
5 Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee	£ 44.00	£ 42.00
6 First writ, reponing note or attendance to state a defence, or oppose an interim order in proceedings to which paragraph 5 of this Table applies, each defender or compearer	£ 44.00	£ 42.00
Bankruptcy proceedings
7 Petition for sequestration of estates	£ 56.00	£ 53.00
8 Act and warrant of trustee	£ 22.00	£ 21.00
9 Writing minute of meeting, per hour	£ 27.00	£ 26.00
10 Application (written or oral) for discharge of trustee	£ 17.00	£ 16.00
11 Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement	£ 17.00	£ 16.00
12 Sheriff clerk acting as commissioner	£ 27.00	£ 26.00
12A Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 19858	£ 27.00	£ 26.00
Service of heirs
13 Petition for general or special service or completion of title, or note for a Crown or Prince’s charter, writ or precept	£110.00	£105.00
Enforcement of UK judgments
14 Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 19829	£ 12.00	£ 11.00
Criminal Procedure
15 Complaint	£ 17.00	£ 16.00
Road Traffic Offenders Act 198810
15A Petition for removal of disqualification	£ 44.00	£ 42.00
Summary cause
16 Summons-Summary Cause (including small claim)—
a Actions for payment of money less than £50	£ 6.00	£ 6.00
b Other actions	£ 34.00	£ 32.00
c In relation to a small claim summons, citation of, or intimation to, any party by sheriff officer	£ 22.00	£ 21.00
d On the marking of an appeal	£ 27.00	£ 26.00
Actions of divorce (other than simplified divorce application)
17 Initial writ in an action of divorce other than a simplified divorce application	£ 70.00	£ 70.00
18 First writ or attendance to state a defence or oppose an interim order, each defender or compearer in an action of divorce other than a simplified divorce application	£ 70.00	£ 70.00
Simplified divorce application
19 Simplified divorce application (inclusive of all procedures other than those specified at paragraphs 20 and 21 of this Table)	£ 55.00	£ 55.00
20 In relation to a simplified divorce application, citation of, or intimation to, any person or persons by sheriff officer	£ 30.00	£ 30.00
21 Subsequent application upon change of circumstances by party to a simplified divorce application	£ 16.00	£ 16.00
Miscellaneous
22 Note in a liquidation or judicial factory	£ 17.00	£ 16.00
23 Caveat	£ 17.00	£ 16.00
24 Summary warrant for the recovery of rates	£ 34.00	£ 32.00
25 Summary warrant for the recovery of community charges	£ 34.00	£ 32.00
25A Summary warrant for the recovery of council tax, council water charge and related penalties	£ 34.00	£ 32.00
26 Summary warrant for the recovery of taxes	£ 34.00	£ 32.00
27 Recording protest of a bill or promissory note NOTE: Extract to be charged as in paragraph 32 of this Table.	£ 12.00	£ 11.00
28 Lodging each set of plans or other Parliamentary deposit	£ 34.00	£ 32.00
29 Preservation of deeds, each deed NOTE: Recording and extracting to be charged as in paragraph 32 of this Table.	£ 5.00	£ 5.00
30.Inspection of report of sale and the auditor of court’s report	£ 8.00	£ 8.00
31 Inspection by a trade protection society, licensed credit reference agency or trade publication of protests, Act Book and Court Rolls—
a Weekly for twelve months (payable in advance)	£166.00	£158.00
b Twice weekly for twelve months (payable in advance)	£331.00	£315.00
c Four times weekly for twelve months (payable in advance)	£662.00	£630.00
PART III—
COMMISSARY AND SHERIFF COURT PROCEEDINGS— MISCELLANEOUS>
31A Application under section 4 of the Requirements of Writing (Scotland) Act 1995	£ 10.00	—
32 Recording, engrossing, extracting or copying all documents except as provided for at paragraph 4 of this Table—
a By manuscript or typescript per sheet or part thereof	£ 6.00	£ 6.00
b By copying by electrical or mechanical means per page:
First copy—
each of first 10 pages	£ 1.00	£ 1.00
each page after first 10	£ 0.30	£ 0.30
Subsequent copies: each page	£ 0.30	£ 0.30
NOTE: Recording in Sheriff Court Register of Deeds to be charged as in (a) or (b).
33 Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table—
a For first half hour of time taken	£ 6.00	£ 6.00
b For more than one half hour up to a maximum of two hours	£ 12.00	£ 12.00
c For each half hour or part thereof in excess of two hours	£ 6.00	£ 6.00
d Plus correspondence fee where applicable	£ 6.00	£ 6.00
PART IV— TAXATION
34 For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
1 auditor’s fee on lodging account for taxation	£ 12.00	£ 12.00
2 auditor’s fee for taxing accounts of expenses etc.—
a Under £300	£ 12.00	£ 12.00
b For every additional £100 or part thereof	£ 4.00	£ 4.00
NOTE: Fee to be determined by auditor of court on amount of account as submitted.
PART V—
ORDINARY CAUSES (INCLUDING DIVORCE) AND SUMMARY OR MISCELLANEOUS APPLICATIONS (EXCLUDING SUMMARY CAUSE)
35 Fee to be paid by the pursuer on the lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 199311	£ 56.00	£ 53.00
36 Fee to be paid by the pursuer on the lodging of a certified closed record under the additional procedure of the said Rules	£ 56.00	£ 53.00
37 Fee to be paid by pursuer on the fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause	£ 24.00	£ 53.00
38 Fee to be paid by the pursuer for each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause NOTE: The above fee does not apply if the proof, debate or hearing does not proceed on that day.	£ 56.00	£ 53.00
39 Fee to be paid by any party lodging a written motion or minute; and any party lodging written opposition to any such motion or minute	£ 22.00	£ 21.00
40 Fee to be paid on marking an appeal to the Sheriff Principal in any proceedings	£ 56.00	£ 53.00
41 Fee to be paid by the pursuer on the endorsing of a minute in the form F27 in terms of rule 33.29(1)(b) of the said Rules	£ 32.00	£ 30.00

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1985 by specifying new fee levels in substitution for those applicable since 1st January 1994. Many fee levels remain unchanged and the increases represent an average of 4%.

A fee is payable for the first time for applications in terms of section 4 of the Requirements of Writing (Scotland) Act 1995 and the fee for copying and extracting in respect of commissary proceedings is reduced when a subsequent duplicate confirmation, confirmation and will or will is ordered at the same time as the first copy. The 1985 Order is amended for the purpose of clarification and in particular places beyond doubt that the fee to be paid on the lodging of a certified copy record, on the lodging of a certified closed record and the endorsing of a minute seeking decree in certain undefended family actions is payable on one occasion only in respect of a cause. The 1985 Order is also amended in making consequential amendments.

The Sheriff Court Fees Amendment Order 1996

Citation and commencement1

Amendment of Fees Order2

1

2

3

3

4

a

i

ii

b

5

Revocation3

SCHEDULETABLE OF FEES

1

2

3

a

i

ii

b

c

4

1

a

b

i

ii

2

a

b

i

ii

3

a

b

i

ii

4

a

b

i

ii

5

6

7

8

9

10

11

12

12A

13

14

15

15A

16

a

b

c

d

17

18

19

20

21

22

23

24

25

25A

26

27

28

29

31

a

b

c