LegalizeAct of Sederunt (Fees of Sheriff Officers) 2005
Made: 10th November 2005
Laid before the Scottish Parliament: 18th November 2005
Coming into force: 1st January 2006
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) 2005 and shall come into force on 1st January 2006.
- (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) (No. 2) 2002[^f00003].
- (2) Sub-paragraph (1) shall apply to work carried out by a sheriff officer on or after 1st January 2006 but shall not affect the fees payable as respects any work so carried out before that date.
SCHEDULE — TABLE OF FEES
| Summary Cause | Summary Cause | Summary Cause | Ordinary Cause | Ordinary Cause | Ordinary Cause | |
|---|---|---|---|---|---|---|
| Item | Band 1 | Band 2 | Band 3 | Band 1 | Band 2 | Band 3 |
| £ | £ | £ | £ | £ | £ | |
| 1. | ||||||
| Service or intimation of a document | ||||||
| a Service | ||||||
| i each person at a different address | 25.75 | 39.70 | 51.50 | 42.10 | 61.90 | 80.75 |
| ii each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 and the Act of 2002 | 8.65 | 8.65 | 8.65 | 14.05 | 14.05 | 14.05 |
| b Postal service | 12.15 | 12.15 | 12.15 | 20.55 | 20.55 | 20.55 |
| c Postal diligence | 18.80 | 18.80 | 18.80 | 30.95 | 30.95 | 30.95 |
| 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) | ||||||
| a Interdict only | ||||||
| i each person at a different address | 115.85 | 115.85 | 115.85 | |||
| ii each additional person at the same address | 25.50 | 25.50 | 25.50 | |||
| b Interdict and service | ||||||
| i each person at a different address | 130.10 | 130.10 | 130.10 | |||
| ii each additional person at the same address | 39.60 | 39.60 | 39.60 | |||
| 3. | ||||||
| Attachments | ||||||
| a Serving notice of entry | 5.70 | 5.70 | 5.70 | 8.75 | 8.75 | 8.75 |
| b Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 44.85 | 44.85 | 44.85 | 65.60 | 65.60 | 65.60 |
| c Arranging and executing attachment where appraised value is– | ||||||
| i £541 or under | 76.80 | 76.80 | 76.80 | 76.80 | 76.80 | 76.80 |
| ii over £541 and up to £2,171 | 119.05 | 119.05 | 119.05 | 119.05 | 119.05 | 119.05 |
| iii over £2,171 and up to £21,869 – 10% of the appraised value | ||||||
| iv over £21,869 and up to £109,334 – 10% of the first £21,869, 5% thereafter | ||||||
| v over £109,334 –10% of the first £21,869, 5% thereafter up to £109,334 and 1% thereafter | ||||||
| d Reporting attachment | 7.35 | 7.35 | 7.35 | 7.35 | 7.35 | 7.35 |
| 4. | ||||||
| Attachment of motor vehicles, heavy plant or machinery | ||||||
| a Arranging and executing attachment where appraised value is– | ||||||
| i £541 or under | 76.80 | 76.80 | 76.80 | 76.80 | 76.80 | 76.80 |
| ii over £541 and up to £2,402 | 119.05 | 119.05 | 119.05 | 119.05 | 119.05 | 119.05 |
| iii over £2,402 and up to £109,334 – 5% of the appraised value | ||||||
| iv over £109,334 – 5% of the first £109,334 and 1% thereafter | ||||||
| b Reporting attachment | 7.35 | 7.35 | 7.35 | 7.35 | 7.35 | 7.35 |
| 5. | ||||||
| Sequestrations for rent, poinding of ground | ||||||
| a Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason | 41.75 | 41.75 | 41.75 | 62.65 | 62.65 | 62.65 |
| b Arranging and effecting sequestration where the appraised value is– | ||||||
| i £541 or under | 73.75 | 73.75 | 73.75 | |||
| ii over £541 and up to £2,171 | 115.85 | 115.85 | 115.85 | |||
| iii over £2,171 as 3(c)(iii) above | ||||||
| c arranging and effecting ordinary sequestrations or poinding of the ground | 115.85 | 115.85 | 115.85 | |||
| d service – as in item 1(a) or (b) above, as the case may be | ||||||
| 6. | ||||||
| Auctions | ||||||
| a i Arranging auction, preparing advertisement and giving public notice | 19.00 | 19.00 | 19.00 | 19.00 | 19.00 | 19.00 |
| ii intimating the place and date of auction and if necessary the date of removal of attached effects – as in items 1(a) or (b) above, as the case may be | ||||||
| b i Officer and witness attending auction but auction not executed for whatever reason | 41.75 | 41.75 | 41.75 | 62.65 | 62.65 | 62.65 |
| ii Officer and witness attending auction | 115.85 | 115.85 | 115.85 | 115.85 | 115.85 | 115.85 |
| 7. | ||||||
| Ejections | ||||||
| a Arranging ejection | 41.75 | 41.75 | 41.75 | 62.65 | 62.65 | 62.65 |
| b Arranging and executing ejection | 85.75 | 85.75 | 85.75 | 97.30 | 97.30 | 97.30 |
| 8. | ||||||
| Taking possession of effects | ||||||
| a Arranging possession | 41.75 | 41.75 | 41.75 | 62.65 | 62.65 | 62.65 |
| b Arranging and effecting possession | 85.75 | 85.75 | 85.75 | 115.85 | 115.85 | 115.85 |
| 9. | ||||||
| Apprehensions | ||||||
| a Arranging apprehension | 62.65 | 62.65 | 62.65 | |||
| b Arranging and apprehending | 115.85 | 115.85 | 115.85 | |||
| 10. | ||||||
| Taking possession of a child | ||||||
| a Arranging to take possession | 62.65 | 62.65 | 62.65 | |||
| b Arranging and taking possession of each child | 115.85 | 115.85 | 115.85 | |||
| 11. | ||||||
| Arresting vessels, aircraft and cargo | ||||||
| a Arranging to arrest | 41.75 | 41.75 | 41.75 | 62.65 | 62.65 | 62.65 |
| b Arranging and effecting arrestment | 105.35 | 105.35 | 105.35 | 191.55 | 191.55 | 191.55 |
| 12. | ||||||
| Miscellaneous | ||||||
| a Making any report or application under the Act of 1987 or the Act of 2002 with the exception of reporting an attachment | 14.50 | 14.50 | 14.50 | 14.50 | 14.50 | 14.50 |
| b Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | 7.35 | 7.35 | 7.35 | 7.35 | 7.35 | 7.35 |
| c Arranging locksmith or tradesman to be in attendance | 4.70 | 4.70 | 4.70 | 4.70 | 4.70 | 4.70 |
| d Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor | 14.50 | 14.50 | 14.50 | 14.50 | 14.50 | 14.50 |
| e Executing warrant to open lockfast places | 14.50 | 14.50 | 14.50 | 14.50 | 14.50 | 14.50 |
| f Time | ||||||
| i with witness –£23.30 per unit | ||||||
| ii without witness – £17.40 per unit | ||||||
| g Photocopies | ||||||
| i first page document – £1.65 | ||||||
| ii subsequent pages – per page – £0.85 |
Signed
Cullen of Whitekirk — Lord President I.P.D. — 10th November 2005
Explanatory note
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002 by increasing the fees payable to sheriff officers by 3.45% with effect from 1st January 2006.
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 and S.S.I. 2004/513.
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