Act of Sederunt (Fees of Sheriff Officers) 1999

Made: 19th November 1999

Laid before the Scottish Parliament: 26th November 1999

Coming into force: 1st January 2000

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[^f00001], section 6 of the Execution of Diligence (Scotland) Act 1926[^f00002] 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) 1999 and shall come into force on 1st January 2000.

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

Amendment of fees

2

• (1) Subject to sub-paragraph (2) below, the Table of Fees in the Schedule to this Act of Sederunt shall be substituted for the Table in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1994[^f00003] and shall apply to work carried out by a sheriff officer on or after the date on which this Act of Sederunt comes into force.

• (2) Sub-paragraph (1) above does not affect the fees payable as respects any work so carried out before the date mentioned in that sub-paragraph.

SCHEDULE — TABLE OF FEES

1

Service or intimation of a document

• (a) Service

• (i) each person at a different address

2

Interdicts

• (a) Interdict only

• (i) each person at a different address

3

Poindings

• (a) Serving notice of entry

4

Poindings of motor vehicles, heavy plant or machinery

• (a) Arranging and executing poinding where appraised value is –

• (i) £445 or under

5

Sequestrations for rent, poinding of ground

• (a) Arranging for the sequestration or poinding of the ground and endeavouring, but being unable, to execute it for whatever reason

6

Sales

• (a)

• (i) Application for warrant of sale or variation of warrant of sale

7

Ejections

• (a) Arranging ejection

8

Taking possession of effects

• (a) Arranging possession

9

Apprehensions

• (a) Arranging apprehension

10

Taking possession of children

• (a) Arranging to take possession

11

Arresting vessels, aircraft and cargo

• (a) Arranging to arrest

12

Miscellaneous

• (a) Making any report or application under the Act of 1987 with the exception of reporting a poinding

Signed

Rodger of Earlsferry — Lord President, I.P.D. — 19th November 1999

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) 1994 (S.I. 1994/392) by increasing the fees payable to Sheriff Officers by about 3.25%. The last increase was in the Act of Sederunt (Fees of Sheriff Officers) 1998 (S.I. 1998/2669).

Footnotes

[^f00001]: 1907 c. 51; section 40 as amended by section 1(3) of the Secretaries of State Act 1926 (c. 18), 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).

[^f00002]: 1926 c. 16.

[^f00003]: S.I. 1994/392, as amended by S.I. 1994/3267, S.I. 1995/3095, S.I. 1996/2858, S.I. 1997/2824 and S.I. 1998/2669