Act of Sederunt (Fees of Sheriff Officers) 2004

Made: 29th November 2004

Laid before the Scottish Parliament: 30th November 2004

Coming into force: 1st January 2005

The Lords of Council and Session, under and by virtue of the powers conferred upon 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) 2004 and shall come into force on 1st January 2005.

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

Amendment of fees and regulations

2

• (1) Subject to sub-paragraph (3) 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) (No.2) 2002[^f00003].

• (2) Subject to sub-paragraph (3) below, in regulation 5 of Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 for “excluding postage, but including any recorded delivery costs exclusive of postage” there shall be substituted “including postage and any recorded delivery costs”.

• (3) Sub-paragraphs (1) and (2) shall apply to work carried out by a sheriff officer on or after 1st January 2005 but shall not affect the fees payable as respects any work so carried out before that date.

SCHEDULE — TABLE OF FEES

1

Service or intimation of a document

2

Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and anti-social behaviour orders under the Crime and Disorder Act 1998)

3

Attachments

4

Attachment of motor vehicles, heavy plant or machinery

5

Sequestrations for rent, poinding of ground

6

Auctions

7

Ejections

8

Taking possession of effects

9

Apprehensions

10

Taking possession of a child

11

Arresting vessels, aircraft and cargo

12

Miscellaneous

Signed

CULLEN OF WHITEKIRK — Lord President I.P.D. — 29th November 2004

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Schedule to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 by increasing the fees payable to sheriff officers by 3.7% with effect from 1st January 2005. It also amends the general regulations set out in that Schedule so as to entitle sheriff officers to payment under those regulations in respect of postage.

Footnotes

[^f00001]: 1907 c. 51; section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c. 28, Schedule 1; the Secretaries of State Act 1926 c. 18, section 1(3); the Administration of Justice (Scotland) Act 1933 c. 41, Schedule; and the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c. 12, Schedule 1, paragraph 7 and Schedule 2.

[^f00002]: 1926 c. 16.

[^f00003]: S.S.I. 2002/567 amended by S.S.I. 2003/538.