The Sheriff Court Fees Amendment Order 2007

Made: 7th June 2007

Laid before the Scottish Parliament: 8th June 2007

Coming into force: 16th July 2007

The Scottish Ministers make the following Order in exercise of the powers conferred by section 2 of the Courts of Law Fees (Scotland) Act 1895[^f00001] and all other powers enabling them to do so.

Citation and commencement

1

This Order may be cited as the Sheriff Court Fees Amendment Order 2007 and shall come into force on 16th July 2007.

Amendment of Fees Order

2

• (1) The Sheriff Court Fees Order 1997[^f00002] shall be amended in accordance with the following paragraphs.

• (2) In article 2(1), at the appropriate place, insert–

• “partner” means a person to whom a person is married, or with whom the person is registered as a civil partner in terms of sections 1(1), 85(1) or 137(1) of the Civil Partnership Act 2004[^f00003].

• (3) For article 7 (exemption of certain persons from fees), substitute–

(7) A fee regulated by this Order shall not be payable by a person if– (a) the person or his or her partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992[^f00004]; (b) the person is in receipt of an income based jobseeker’s allowance (payable under the Jobseekers Act 1995[^f00005]); (c) the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986[^f00006] in respect of the matter in the Table of Fees in connection with which the fee is payable; (d) the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application; (e) the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in connection with which the fee is payable on the basis of any regulations made under section 36 of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency; (f) the person or his or her partner is in receipt of guarantee credit under the State Pension Credit Act 2002[^f00007]; or (g) the person or his or her partner is in receipt of working tax credit, provided that– (i) child tax is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002)[^f00008] which includes the party; or (ii) there is a disability element or severe disability element (or both) to the tax credit received by the party; and that the gross annual income taken into account for the calculation of the working tax credit is £16,017 or less.

• (4) For the Table of Fees in Schedule 1[^f00009] substitute the Table of Fees set out in the Schedule to this Order.

SCHEDULE — TABLE OF FEES

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

2

Sealing up repositories or the like, per hour

3

• (a) Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies–

4

Commissary copying and extracting

5

Application under section 4 of the Requirements of Writing (Scotland) Act 1995[^f00012]

6

Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

7

Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application)

8

Simplified divorce or dissolution of a civil partnership application (inclusive of all procedures other than those specified at paragraphs 32 and 33 of this Table)

9

Application for summary warrant

10

Petition for sequestration of estates

11

Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement

12

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985[^f00013]

13

Applications for Declarator and Petitions for completion of title to the Sheriff of Chancery

14

Issue of chancery extract

15

Summons summary cause (including small claim)–

16

Application under section 4 of the Requirements of Writing (Scotland) Act 1995

17

Caveat

18

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00014]

19

Complaint

20

Petition for removal of disqualification

21

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

22

First writ or attendance to state a defence or oppose an interim order, each defender or compearer in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application)

23

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[^f00016]

24

Fee to be paid by the pursuer on the lodging of a certified closed record under the additional procedure of the said Rules

25

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

26

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

27

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

28

Fee to be paid on marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 15(d) of this Table)

29

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

30

Act and warrant of trustee

31

Application (written or oral) for discharge of trustee

32

In relation to a simplified divorce or dissolution of a civil partnership application, citation of, or intimation to, any person or persons by sheriff officer

33

Subsequent application upon change of circumstances by party to a simplified divorce or dissolution of a civil partnership application

34

Note in a liquidation or judicial factory

35

Recording protest of a bill or promissory note

36

Preservation of deeds, each deed

37

Lodging each set of plans or other Parliamentary deposit

38

Inspection of report of sale and the auditor of court’s report

39

Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests, of relevant court records as allowed by appropriate Sheriff Court Rules 1993, as amended–

40

Recording, engrossing, extracting or copying all documents except as provided for at paragraph 4 of this Table–

41

Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table–

42

For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation–

Signed

FERGUS EWING — Authorised to sign on behalf of the Scottish Ministers — 7th June 2007

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) so as to update, for changes in the exemptions that are available.

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 July 2002. The increases are on average approximately 15% which is approximately the cumulative rate in inflation over that period.

Footnotes

[^f00001]: 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).

[^f00002]: S.I. 1997/687 as amended by S.I. 1999/754 and S.S.I. 2002/269.

[^f00003]: 2004 c. 33.

[^f00004]: 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.

[^f00005]: 1995 c. 18.

[^f00006]: 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).

[^f00007]: 2002 c. 16.

[^f00008]: 2002 c. 21; section 3(5A) substituted for sections 3(5) to (6) by the Civil Partnership Act 2004 (c. 33), Schedule 24, paragraph 144(3).

[^f00009]: Schedule 1 was substituted by S.I. 1999/754, article 2(3) and S.S.I. 2002/269, article 2(3).

[^f00010]: Column 3 shows the fees which were payable under S.I. 1997/687 (as amended by S.I. 1999/754 and S.S.I. 2002/269) 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.

[^f00011]: 1892 c. 6.

[^f00012]: 1995 c. 7.

[^f00013]: 1985 c. 66.

[^f00014]: 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.

[^f00015]: 1988 c. 53.

[^f00016]: See Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c. 51).