The Sheriff Court Fees Amendment Order 1996

Article 2(5)

SCHEDULE TABLE OF FEES

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)(1)
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 1892(2) 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 1985(3)	£ 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 1982(4)	£ 12.00	£ 11.00
Criminal Procedure
15.  Complaint	£ 17.00	£ 16.00
Road Traffic Offenders Act 1988(5)
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 1993(6)	£ 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

(1)

Column 3 shows the fees which were payable under S.I. 1985/827 as amended by S.I. 1993/2957 before the coming into force of this Order.

(2)

1892 c. 6.

(3)

1985 c. 66; as amended by the Bankruptcy (Scotland) Act 1993 (c. 6).

(4)

1982 c. 27.

(5)

1988 c. 53.

(6)

S.I. 1993/1956.