Statutory Instruments
SHERIFF COURT, SCOTLAND
Made
8th March 1999
Laid before Parliament
11th March 1999
Coming into force
1st April 1999
The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895(1) and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:
1. This Order may be cited as the Sheriff Court Fees Amendment Order 1999 and shall come into force on 1st April 1999.
2.—(1) The Sheriff Court Fees Order 1997(2) shall be amended in accordance with the following paragraphs.
(2) After article 9(1)(a)(iii) (proceedings to which fees under this Order do not apply), there shall be inserted the following:–
“(iv)section 129 of the Consumer Credit Act 1974(3); or”.
(3) For the Table of Fees in Schedule 1 there shall be substituted the Table of Fees set out in the Schedule to this Order.
Henry B McLeish
Minister of State, Scottish Office
St Andrew’s House,
Edinburgh
4th March 1999
We concur,
Clive Betts
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
8th March 1999
Article 2
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Matters) | (Fee Payable) | (Fee Formerly Payable)(4) |
| 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(5) is required does not exceed– | ||
| £5,000 | No fee | No fee |
| £50,000 | £ 74.00 | £ 72.00 |
(ii)where the amount of the said estate exceeds £50,000 | £105.00 | £103.00 |
(b)Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa | £ 74.00 | £ 72.00 |
(c)Receiving and examining inventory of estate where it is declared that confirmation is not required: | ||
| NOTE: 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– (i)first duplicate-including search fee | £ 11.00 | £ 11.00 |
(ii)each subsequent duplicate if ordered at the same time as the first duplicate | £ 5.00 | £ 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– (i)first certified extract-including search fee | £ 17.00 | £ 17.00 |
(ii)each subsequent certified extract if ordered at the time of the first certified extract | £ 11.00 | £ 11.00 |
(4) Copy will– (a)if ordered when lodging inventory | £ 3.50 | £ 3.50 |
(b)if ordered subsequent to lodging inventory– (i)first copy-including search fee | £ 9.50 | £ 9.50 |
(ii)each subsequent copy, if ordered at the same time as the first copy | £ 3.50 | £ 3.50 |
5. Application under section 4 of the Requirements of Writing (Scotland) Act 1995(6) | £ 10.00 | £ 10.00 |
| PART II-SHERIFF COURT PROCEEDINGS | ||
6. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee | £ 46.00 | £ 45.00 |
Actions of divorce (other than simplified divorce application)7. Initial writ in an action of divorce other than a simplified divorce application | £ 74.00 | £ 72.00 |
Simplified divorce application8. Simplified divorce application (inclusive of all procedures other than those specified at paragraphs 31 and 32 of this Table) | £ 57.00 | £ 56.00 |
Summary warrants9. Application for summary warrant | £ 36.00 | £ 35.00 |
Bankruptcy proceedings10. Petition for sequestration of estates | £ 58.00 | £ 57.00 |
11. Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement | £ 17.00 | £ 17.00 |
12. Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985(7) | £ 29.00 | £ 28.00 |
Service of heirs13. Petition for general or special service or completion of title, or note for a Crown or Prince’s charter, writ or precept | £116.00 | £113.00 |
Summary cause14. Summons-summary cause (including small claim)– (a)Actions for payment of money less than £50 | £ 6.00 | £ 6.00 |
(b)Other actions | £ 36.00 | £ 35.00 |
(c)In relation to a small claim summons, citation of, or intimation to, any party by sheriff officer | £ 24.00 | £ 23.00 |
(d)On the marking of an appeal | £ 29.00 | £ 28.00 |
Miscellaneous15. Application under section 4 of the Requirements of Writing (Scotland) Act 1995 | £ 10.00 | £ 10.00 |
16. Caveat | £ 17.00 | £ 17.00 |
Enforcement of UK judgments17. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982(8) | £ 12.00 | £ 12.00 |
Criminal Procedure18. Complaint | £ 17.00 | £ 17.00 |
Road Traffic Offenders Act 1988(9)19. Petition for removal of disqualification | £ 46.00 | £ 45.00 |
Defender’s responses – non-divorce cases20. First writ, reponing note or attendance to state a defence, or oppose an interim order in proceedings to which paragraph 6 of this Table applies, each defender or compearer | £ 46.00 | £ 45.00 |
Defender’s responses – divorces21. 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 | £ 74.00 | £ 72.00 |
Civil court procedure22. 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(10) | £ 58.00 | £ 57.00 |
23. Fee to be paid by the pursuer on the lodging of a certified closed record under the additional procedure of the said Rules | £ 58.00 | £ 57.00 |
24. 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 | £ 26.00 | £ 25.00 |
25. 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 | £ 58.00 | £ 57.00 |
| NOTE: The above fee does not apply if the proof, debate or hearing does not proceed on that day. | ||
26. 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 | £ 24.00 | £ 23.00 |
27. Fee to be paid on marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 14(d) of this Table) | £ 58.00 | £ 57.00 |
28. Fee to be paid by the pursuer on the endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the Ordinary Cause Rules 1993 | £ 34.00 | £ 33.00 |
Bankruptcy (Scotland) Act 198529. Act and warrant of trustee | £ 24.00 | £ 23.00 |
30. Application (written or oral) for discharge of trustee | £ 17.00 | £ 17.00 |
Simplified divorce31. In relation to a simplified divorce application, citation of, or intimation to, any person or persons by sheriff officer | £ 32.00 | £ 31.00 |
32. Subsequent application upon change of circumstances by party to a simplified divorce application | £ 16.00 | £ 16.00 |
Miscellaneous33. Note in a liquidation or judicial factory | £ 17.00 | £ 17.00 |
Sheriff court books34. Recording protest of a bill or promissory note | £ 12.00 | £ 12.00 |
| NOTE: Extract to be charged as in paragraph 39 of this Table. | ||
35. Preservation of deeds, each deed | £ 5.00 | £ 5.00 |
| NOTE: Recording and extracting to be charged as in paragraph 39 of this Table. | ||
Miscellaneous office procedures36. Lodging each set of plans or other Parliamentary deposit | £ 36.00 | £ 35.00 |
37. Inspection of report of sale and the auditor of court’s report | £ 8.00 | £ 8.00 |
38. 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) | £174.00 | £170.00 |
(b)Twice weekly for twelve months (payable in advance) | £347.00 | £339.00 |
(c)Four times weekly for twelve months (payable in advance) | £696.00 | £679.00 |
39. 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 any other 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). | ||
40. 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 III-AUDITOR OF COURT | ||
41. 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)Up to £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. | ||
(This note is not part of the Order)
This Order amends the Sheriff Court Fees Order 1997 (“the 1997 Order”). The Order specifies for proceedings in the sheriff court new fee levels in substitution for those applicable since 1st April 1997. Many fee levels remain unchanged and the increases represent an average of 2.5%.
The Order also amends article 9 of the 1997 Order (proceedings to which fees under this Order do not apply). The effect of that amendment is to include in the list of those applications to which the fees regulated by the Order do not apply in paragraph (1)(a) of article 9, an application under section 129 of the Consumer Credit Act 1974 (time orders) (article 2(2)).
1895 c. 14; section 2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), section 4.
1974 (c. 39); section 129 was amended by the Debtors (Scotland) Act 1987 (c. 18), section 108 and Schedule 6, paragraph 17.
Column 3 shows the fees which were payable under S.I. 1997/687 before the coming into force of this Order.
1982 c. 27; section 12 was amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraph 7 and section 18 was amended by the Insolvency Act 1985 (c. 65), Schedule 8, paragraph 36, the Insolvency Act 1986 (c. 45), Schedule 14, the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 41, the Drug Trafficking Act 1994 (c. 37), Schedule 1, paragraph 6 and the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 183.
See the First Schedule to the Sheriff Courts (Scotland) Act 1907 (c. 51), as substituted by S.I. 1993/1956.