The Sheriff Court Fees Amendment Order 2002

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2002 No. 269

SHERIFF COURT

The Sheriff Court Fees Amendment Order 2002

	Made	5th June 2002
	Laid before the Scottish Parliament	7th June 2002
	Coming into force	1st July 2002

Citation and commencement

This Order may be cited as the Sheriff Court Fees Amendment Order 2002 and shall come into force on 1st July 2002.

Amendment of Fees Order

- (1) The Sheriff Court Fees Order 1997[

Exemption of certain persons from fees

- (1) A fee to which this article applies shall not be payable by a person-

(a) who is in receipt of income support, working families' tax credit or disabled person's tax credit under Part VII of the Social Security Contributions and Benefits Act 1992[

(2) This article applies to all fees regulated by this Order except-

(3) For the Table of Fees in Schedule 1[6] substitute the Table of Fees set out in the Schedule to this Order.

JAMES WALLACE
A member of the Scottish Executive

St Andrew's House, Edinburgh
5th June 2002

SCHEDULE

Article 2(3)

TABLE OF FEES

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)[7]
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	Ł11.00	Ł10.00
2. Sealing up repositories or the like, per hour	Ł16.00	Ł15.00
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[8] is required does not exceed-
Ł5,000	No fee	No fee
Ł50,000	Ł81.00	Ł74.00
(ii) where the amount of the said estate exceeds Ł50,000	Ł114.00	Ł105.00
(b) Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa	Ł81.00	Ł74.00
(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	Ł3.00	Ł3.00
(b) if ordered subsequent to lodging inventory-
(i) first certificate - including search fee	Ł10.00	Ł9.00
(ii) each subsequent certificate	Ł3.00	Ł3.00
(2) Copy or duplicate confirmation-
(a) if ordered when lodging inventory	Ł5.00	Ł5.00
(b) if ordered subsequent to lodging inventory-
(i) first duplicate - including search fee	Ł12.00	Ł11.00
(ii) each subsequent duplicate if ordered at the same time as the first duplicate	Ł5.00	Ł5.00
(3) Certified extract confirmation and will (if any)-
(a) if ordered when lodging inventory	Ł12.00	Ł11.00
(b) if ordered subsequent to lodging inventory-
(i) first certified extract - including search fee	Ł19.00	Ł17.00
(ii) each subsequent certified extract if ordered at the time of the first certified extract	Ł12.00	Ł11.00
(4) Copy will-
(a) if ordered when lodging inventory	Ł3.50	Ł3.50
(b) if ordered subsequent to lodging inventory-
(i) first copy - including search fee	Ł10.00	Ł9.50
(ii) each subsequent copy, if ordered at the same time as the first copy	Ł3.50	Ł3.50
5. Application under section 4 of the Requirements of Writing (Scotland) Act 1995[9]	Ł11.00	Ł10.00
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	Ł50.00	Ł46.00
Actions of divorce (other than simplified divorce application)
7. Initial writ in an action of divorce other than a simplified divorce application	Ł81.00	Ł74.00
Simplified divorce application
8. Simplified divorce application (inclusive of all procedures other than those specified at paragraphs 31 and 32 of this Table)	Ł62.00	Ł57.00
Summary warrants
9. Application for summary warrant	Ł39.00	Ł36.00
Bankruptcy proceedings
10. Petition for sequestration of estates	Ł63.00	Ł58.00
11. Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement	Ł19.00	Ł17.00
12. Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985[10]	Ł32.00	Ł29.00
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	Ł126.00	Ł116.00
Summary cause
14. Summons - summary cause (including small claim)-
(a) actions for payment of money less than Ł50	Ł7.00	Ł6.00
(b) other actions	Ł39.00	Ł36.00
(c) in relation to a small claim summons, citation of, or intimation to, any party by sheriff officer	Ł26.00	Ł24.00
(d) on the marking of an appeal	Ł32.00	Ł29.00
Miscellaneous
15. Application under section 4 of the Requirements of Writing (Scotland) Act 1995	Ł11.00	Ł10.00
16. Caveat	Ł19.00	Ł17.00
Enforcement of UK judgments
17. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[11]	Ł13.00	Ł12.00
Criminal procedure
18. Complaint	Ł19.00	Ł17.00
Road Traffic Offenders Act 1988[12]
19. Petition for removal of disqualification	Ł50.00	Ł46.00
Defender's responses - non-divorce cases
20. 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	Ł50.00	Ł46.00
Defender's responses - divorces
21. 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	Ł81.00	Ł74.00
Civil court procedure
22. 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[13]	Ł63.00	Ł58.00
23. Fee to be paid by the pursuer on the lodging of a certified closed record under the additional procedure of the said Rules	Ł63.00	Ł58.00
24. Fee to be paid by the pursuer on the fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause	Ł28.00	Ł26.00
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	Ł63.00	Ł58.00
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	Ł26.00	Ł24.00
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)	Ł63.00	Ł58.00
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	Ł37.00	Ł34.00
Bankruptcy (Scotland) Act 1985
29. Act and warrant of trustee	Ł26.00	Ł24.00
30. Application (written or oral) for discharge of trustee	Ł19.00	Ł17.00
Simplified divorce
31. In relation to a simplified divorce application, citation of, or intimation to, any person or persons by sheriff officer	Ł35.00	Ł32.00
32. Subsequent application upon change of circumstances by party to a simplified divorce application	Ł17.00	Ł16.00
Miscellaneous
33. Note in a liquidation or judicial factory	Ł19.00	Ł17.00
Sheriff court books
34. Recording protest of a bill or promissory note	Ł13.00	Ł12.00
NOTE: Extract to be charged as in paragraph 39 of this Table.
35. Preservation of deeds, each deed	Ł5.00	Ł5.00
NOTE: Recording and extracting to be charged as in paragraph 39 of this Table.
Miscellaneous office procedures
36. Lodging each set of plans or other Parliamentary deposit	Ł39.00	Ł36.00
37. Inspection of report of sale and the auditor of court's report	Ł9.00	Ł8.00
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)	Ł190.00	Ł174.00
(b)Twice weekly for twelve months (payable in advance)	Ł378.00	Ł347.00
(c) four times weekly for twelve months (payable in advance)	Ł759.00	Ł696.00
39. Recording, engrossing, extracting or copying all documents except as provided for at paragraph 4 of this Table-
(a) by manuscript or typescript (exclusive of search fee): for each page or part thereof	Ł7.00
(b) by copying by any other means (exclusive of search fee): for each page or part thereof	Ł0.30
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	Ł7.00	Ł6.00
(b) for more than one half hour up to a maximum of two hours	Ł13.00	Ł12.00
(c) for each half hour or part thereof in excess of two hours	Ł7.00	Ł6.00
(d) plus correspondence fee where applicable	Ł7.00	Ł6.00
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	Ł30.00	Ł12.00
(2) auditor's fee for taxing accounts of expenses etc.-
(a) up to Ł400	Ł16.00	Ł12.00
(b) for every additional Ł100 or part thereof	Ł4.00	Ł4.00
NOTE: Fee to be determined by auditor of court on amount of account as submitted.
(3) fee for cancellation of diet of taxation- (a) where written notice of cancellation received within three working days of diet, half of fee that would have been payable under sub-paragraph (2) of this paragraph (b) where written notice of cancellation received on the working day before or the day of the diet, three-quarters of fee that would have been payable under sub-paragraph (2) of this paragraph

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1997 ("the 1997 Order").

The Order amends article 7 of the 1997 Order (exemption of certain persons from fees in simplified divorce actions) so as to provide exemption from certain of the fees payable for persons in receipt of certain forms of benefits and legal aid (article 2(2)). The exemption is also extended to civil sheriff court proceedings generally.

The Order also specifies for proceedings in the sheriff court new fee levels in substitution for those applicable since the 1997 Order was last amended on 1st April 1999. Some fee levels remain unchanged and the increases represent an average of approximately 9% except (a) the lodging fee to be paid to the Auditor of Court increases from Ł12 to Ł30; and (b) the auditor's fee for taxing the first Ł400 (formerly Ł300) of an account increases from Ł12 to Ł16 (article 2(3) and the Schedule).

Finally, the Order simplifies the fees payable relating to recording, engrossing and copying documents and makes new provision for payment of a fee on cancellation of a diet of taxation (article 2(3) and the Schedule, in particular paragraphs 39 and 41).

[1] 1895 c.14; section 2 was amended by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), section 4 and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), article 2 and Schedule 2, paragraph 9. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

back

[2] S.I. 1997/687 as amended by S.I. 1999/754.back

[3] 1992 c.4. Section 124, which provides for income support, was amended by the Jobseekers Act 1995 (c. 18), section 41 and Schedules 2 and 3 and by the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, Part IV, paragraph 28. Section 128, which provides for working families' tax credit, was amended by the Tax Credits Act 1999 (c. 10), section 1(2) and Schedule 1, paragraphs 1(a) and (b) and 2(g) and by the Jobseekers Act 1995, section 41(4) and Schedule 2, paragraph 33. Section 129, which provides for disabled person's tax credit, was amended by the Tax Credits Act 1999, sections 1(2) and 14(1) and (5) and Schedule 1, paragraphs 1(a) and (b) and 2(h), the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 10(2) and (3) and 11(1) and Schedule 1, paragraph 32, the Welfare Reform and Pensions Act 1999, section 88 and Schedule 13, Part IV, the Jobseekers Act 1995, section 41(4) and Schedule 2, paragraph 34 and by the Local Government Finance Act 1992 (c. 14), section 103 and Schedule 9, paragraph 2.back

[4] 1995 c.18.back

[5] 1986 c.47. Section 13(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 74 and Schedule 8, paragraph 36(3).back

[6] Schedule 1 was substituted by S.I. 1999/754, article 2(3).back

[7] Column 3 shows the fees which were payable under S.I. 1997/687 (as amended by S.I. 1999/754) before the coming into force of this Order. Where there is no entry in column 3 but an entry in column 2 in respect of any particular matter, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.back

[8] 1892 c.6.back

[9] 1995 c.7.back

[10] 1985 c.66.back

[11] 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 Criminal Justice Act 1993 (c.36), section 24, the Drug Trafficking Act 1994 (c.37), Schedule 1, paragraph 6, the Criminal Justice (Scotland) Act 1995 (c.20), Schedule 6, paragraph 183 and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 42.back

[12] 1988 c.53.back

[13] See Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c.51).back

ISBN 0 11061462 3

Prepared 20 June 2002

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	Statutory Instruments of the Scottish Parliament
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