The Sheriff Court Fees Amendment Order 2008

Made: 6th June 2008

Laid before the Scottish Parliament: 6th June 2008

Coming into force in accordance with article 1

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

• (1) This Order may be cited as the Sheriff Court Fees Amendment Order 2008 and, subject to paragraphs (2) and (3), shall come into force on 1st August 2008.

• (2) Article 2(3)(b) and Schedule 2 shall come into force, and article 2(3)(a) and Schedule 1 shall cease to have effect, on 1st April 2009.

• (3) Article 2(3)(c) and Schedule 3 shall come into force, and article 2(3)(b) and Schedule 2 shall cease to have effect, on 1st April 2010.

Amendment of the Sheriff Court Fees Order 1997

2

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

• (2) For article 7 (exemption of certain persons from fees)[^f00003], substitute–

(7) (1) A fee to which this article applies 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 credit 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. (2) This article applies to all fees regulated by this Order except– (a) the fees specified in Part I (Commissary proceedings) of the Table of Fees; and (b) in Part II (sheriff court proceedings) of the Table of Fees, the fee specified in paragraph 20 (petition for removal of disqualification).

• (3) The Table of Fees in Schedule 1[^f00009] shall be substituted by–

• (a) the Table of Fees in Schedule 1 to this Order on 1st August 2008;

• (b) the Table of Fees in Schedule 2 to this Order on 1st April 2009; and

• (c) the Table of Fees in Schedule 3 to this Order on 1st April 2010.

SCHEDULE 1 — 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

Initial Writ

5

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

Divorce and dissolution of civil partners

6

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)

Application for Simplified Divorce and simplified dissolution of civil partnership

7

Any application (inclusive of all procedures other than those specified at paragraphs 8 and 9)

8

Citation of, or intimation to, any person or persons by sheriff officer

9

Subsequent application upon change of circumstances by party

Summary warrant

10

Application for summary warrant

Bankruptcy

11

Petition for sequestration of estates

12

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

13

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985[^f00012]

14

Act and warrant of trustee

15

Application (written or oral) for discharge of trustee

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

16

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

17

Issue of chancery extract

Summary cause

18

Summons summary cause (including small claim)–

Criminal procedure

19

Complaint

Road Traffic Offenders Act 1988

20

Petition for removal of disqualification

Miscellaneous

21

Application under section 4 of the Requirements of Writing (Scotland) Act 1995 [^f00014]

22

Caveat

23

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00015]

24

Note in a liquidation or judicial factory

Defender’s responses

25

First writ, reponing note or attendance to state a defence, or oppose an interim order (fee payable by each defender or compearer)

26

Lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 1993[^f00016]

27

Lodging of a certified closed record under the additional procedure of the said Rules

28

Fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

29

For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (not payable if the proof, debate or hearing does not proceed on that day)

30

Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the said Rules

31

Lodging of a written motion or minute; and the lodging of any written opposition to any such motion or minute

32

Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 18(d) of this Table)

Sheriff court books

33

Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 38 of this Table.)

34

Preservation of deeds, each deed (NOTE: Recording and extracting to be charged as in paragraph 38 of this Table)

Miscellaneous office procedures

35

Lodging each set of plans or other Parliamentary deposit

36

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

37

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 said Rules as amended, with the fees below payable in advance–

38

Recording, engrossing, extracting or copying of all documents except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 39 of this Table)

39

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

40

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

SCHEDULE 2 — 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

Initial Writ

5

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

Divorce and dissolution of civil partners

6

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)

Application for Simplified Divorce and simplified dissolution of civil partnership

7

Any application (inclusive of all procedures other than those specified at paragraphs 8 and 9)

8

Citation of, or intimation to, any person or persons by sheriff officer

9

Subsequent application upon change of circumstances by party

Summary warrant

10

Application for summary warrant

Bankruptcy

11

Petition for sequestration of estates

12

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

13

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985[^f00019]

14

Act and warrant of trustee

15

Application (written or oral) for discharge of trustee

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

16

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

17

Issue of chancery extract

Summary cause

18

Summons summary cause (including small claim)–

Criminal procedure

19

Complaint

Road Traffic Offenders Act 1988

20

Petition for removal of disqualification

Miscellaneous

21

Application under section 4 of the Requirements of Writing (Scotland) Act 1995[^f00021]

22

Caveat

23

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00022]

24

Note in a liquidation or judicial factory

Defender’s responses

25

First writ, reponing note or attendance to state a defence, or oppose an interim order (fee payable by each defender or compearer)

26

Lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 1993[^f00023]

27

Lodging of a certified closed record under the additional procedure of the said Rules

28

Fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

29

For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (not payable if the proof, debate or hearing does not proceed on that day)

30

Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the said Rules

31

Lodging of a written motion or minute; and the lodging of any written opposition to any such motion or minute

32

Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 18(d) of this Table)

Sheriff court books

33

Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 38 of this Table.)

34

Preservation of deeds, each deed (NOTE: Recording and extracting to be charged as in paragraph 38 of this Table)

Miscellaneous office procedures

35

Lodging each set of plans or other Parliamentary deposit

36

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

37

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 said Rules as amended, with the fees below payable in advance–

38

Recording, engrossing, extracting or copying of all documents except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 39 of this Table)

39

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

40

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

SCHEDULE 3 — 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

Initial Writ

5

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

Divorce and dissolution of civil partners

6

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)

Application for Simplified Divorce and simplified dissolution of civil partnership

7

Any application (inclusive of all procedures other than those specified at paragraphs 8 and 9)

8

Citation of, or intimation to, any person or persons by sheriff officer

9

Subsequent application upon change of circumstances by party

Summary warrant

10

Application for summary warrant

Bankruptcy

11

Petition for sequestration of estates

12

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

13

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985[^f00026]

14

Act and warrant of trustee

15

Application (written or oral) for discharge of trustee

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

16

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

17

Issue of chancery extract

Summary cause

18

Summons summary cause (including small claim)–

Criminal procedure

19

Complaint

Road Traffic Offenders Act 1988

20

Petition for removal of disqualification

Miscellaneous

21

Application under section 4 of the Requirements of Writing (Scotland) Act 1995 [^f00028]

22

Caveat

23

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00029]

24

Note in a liquidation or judicial factory

Defender’s responses

25

First writ, reponing note or attendance to state a defence, or oppose an interim order (fee payable by each defender or compearer)

26

Lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 1993[^f00030]

27

Lodging of a certified closed record under the additional procedure of the said Rules

28

Fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

29

For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (not payable if the proof, debate or hearing does not proceed on that day)

30

Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the said Rules

31

Lodging of a written motion or minute; and the lodging of any written opposition to any such motion or minute

32

Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 18(d) of this Table)

Sheriff court books

33

Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 37 of this Table.)

34

Preservation of deeds, each deed (NOTE: Recording and extracting to be charged as in paragraph 38 of this Table)

Miscellaneous office procedures

35

Lodging each set of plans or other Parliamentary deposit

36

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

37

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 said Rules as amended, with the fees below payable in advance–

38

Recording, engrossing, extracting or copying of all documents except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 39 of this Table)

39

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

40

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

Signed

KENNY MACASKILL — A member of the Scottish Executive — 6th June 2008

Explanatory note

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1997.

The Order amends article 7 of that Order (exemption of certain persons from fees) so as to ensure that the exemptions do not apply to (1) Commissary proceedings or (2) to a petition for removal of disqualification under the Road Traffic Offenders Act 1988 in the sheriff court. This is reinstated from the Sheriff Court Fees Amendment Order 2002 (S.S.I. 2002/269).

The Order also specifies new fee levels for proceedings in the sheriff court. Fee levels were last amended on 16th July 2007 by the Sheriff Court Fees Amendment Order 2007 (S.S.I. 2007/318). The fees in the Table of Fees in Schedule 1 to this Order are payable from 1st August 2008 and reflect an average increase of 31%. There is no increase in Auditor of Court fees in 2008.

The fees in the Table of Fees in Schedule 2 to this Order are payable from 1st April 2009 and reflect an average increase of 3%. The fees in the Table of Fees in Schedule 3 to this Order are payable from 1st April 2010 and reflect an average increase of 3%.

Footnotes

[^f00001]: 1895 c. 14; section 2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), section 4, and modified by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), articles 2(1) and 4 and Schedule 2, Part I, paragraph 9, and Part IV. 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 2003/97, 2005/455 and S.S.1. 2007/318.

[^f00003]: As substituted by S.S.I. 2007/318.

[^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, the Welfare Reform and Pensions Act 1999 (c. 30), section 70 and Schedule 8, Part IV, paragraph 28, the State Pension Credit Act 2002 (c. 16), Schedule 3, Schedule 2 Part 1, paragraph 2(2) and 2(3), the Civil Partnership Act 2004 (c. 33), Schedule 24, paragraph 42, and the Welfare Reform Act 2007 (c. 5), Schedule 3, paragraphs 9(9) and (10), and Schedule 8.

[^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 to the Sheriff Court Fees Order 1997 was substituted by S.I. 1999/754, article 2(3), S.S.I. 2002/269, article 2(3), and S.S.I. 2007/318, article 2(4).

[^f00010]: Column 3 shows the fees which were payable under S.S.I. 2007/318 immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, 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]: 1985 c. 66, as amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

[^f00013]: 1988 c. 53.

[^f00014]: 1995 c. 7.

[^f00015]: 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.

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

[^f00017]: Column 3 shows the fees which were payable in Schedule 1 to this Order immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

[^f00018]: 1892 c. 6.

[^f00019]: 1985 c. 66, as amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

[^f00020]: 1988 c. 53.

[^f00021]: 1995 c. 7.

[^f00022]: 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.

[^f00023]: See Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c. 51).

[^f00024]: Column 3 shows the fees which were payable in Schedule 2 to this Order immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

[^f00025]: 1892 c. 6.

[^f00026]: 1985 c. 66, as amended by the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3).

[^f00027]: 1988 c. 53.

[^f00028]: 1995 c. 7.

[^f00029]: 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.

[^f00030]: See Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c. 51).