LegalizeAct of Sederunt (Fees of Sheriff Officers) 2008
Made: 17th December 2008
Laid before the Scottish Parliament: 22nd December 2008
Coming into force: 26th January 2009
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) 2008 and shall come into force on 26th January 2009.
- (2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
- (1) Subject to paragraph (2) below, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002[^f00003] substitute the Table in the Schedule to this Act of Sederunt.
- (2) Subparagraph (1) shall apply to work carried out by a sheriff officer on or after 26th January 2009 but shall not affect the fees payable as respects any work so carried out before that date.
SCHEDULE — TABLE OF FEES
| Column A | Column A | Column A | Column B | Column B | Column B | |
|---|---|---|---|---|---|---|
| Item | Band 1 | Band 2 | Band 3 | Band 1 | Band 2 | Band 3 |
| £ | £ | £ | £ | £ | £ | |
| 1. Service or intimation of a document | 1. Service or intimation of a document | 1. Service or intimation of a document | 1. Service or intimation of a document | 1. Service or intimation of a document | 1. Service or intimation of a document | 1. Service or intimation of a document |
| a Service | ||||||
| i each person at a different address | 28.85 | 44.50 | 57.65 | 47.10 | 69.35 | 90.40 |
| 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 | 9.65 | 9.65 | 9.65 | 15.70 | 15.70 | 15.70 |
| b Postal service | 13.60 | 13.60 | 13.60 | 23.00 | 23.00 | 23.00 |
| c Postal diligence | 21.10 | 21.10 | 21.10 | 34.65 | 34.65 | 34.65 |
| 2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | 2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | 2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | 2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | 2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | 2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | 2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) |
| a Interdict only | ||||||
| i each person at a different address | 129.70 | 129.70 | 129.70 | |||
| ii each additional person at the same address | 28.55 | 28.55 | 28.55 | |||
| b Interdict and service | ||||||
| i each person at a different address | 145.70 | 145.70 | 145.70 | |||
| ii each additional person at the same address | 44.40 | 44.40 | 44.40 | |||
| 3. Attachments | 3. Attachments | 3. Attachments | 3. Attachments | 3. Attachments | 3. Attachments | 3. Attachments |
| a Serving notice of entry | 6.35 | 6.35 | 6.35 | 9.80 | 9.80 | 9.80 |
| b Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 50.20 | 50.20 | 50.20 | 73.45 | 73.45 | 73.45 |
| c Arranging and executing attachment where appraised value is – | ||||||
| i £605 or under | 86.00 | 86.00 | 86.00 | 86.00 | 86.00 | 86.00 |
| ii over £605 and up to £2,431 | 133.35 | 133.35 | 133.35 | 133.35 | 133.35 | 133.35 |
| iii over £2,431 and up to £24,493 – 10% of the appraised value | ||||||
| iv over £24,493 and up to £122,453 – 10% of the first £24,493, 5% thereafter | ||||||
| v over £122,453 –10% of the first £24,493, 5% thereafter up to £122,453 and 1% thereafter | ||||||
| d Reporting attachment | 8.20 | 8.20 | 8.20 | 8.20 | 8.20 | 8.20 |
| 4. Attachment of motor vehicles, heavy plant or machinery | 4. Attachment of motor vehicles, heavy plant or machinery | 4. Attachment of motor vehicles, heavy plant or machinery | 4. Attachment of motor vehicles, heavy plant or machinery | 4. Attachment of motor vehicles, heavy plant or machinery | 4. Attachment of motor vehicles, heavy plant or machinery | 4. Attachment of motor vehicles, heavy plant or machinery |
| a Arranging and executing attachment where appraised value is – | ||||||
| i £605 or under | 86.00 | 86.00 | 86.00 | 86.00 | 86.00 | 86.00 |
| ii over £605 and up to £2,690 | 133.35 | 133.35 | 133.35 | 133.35 | 133.35 | 133.35 |
| iii over £2,690 and up to £122,453 – 5% of the appraised value | ||||||
| iv over £122,453 – 5% of the first £122,453 and 1% thereafter | ||||||
| b Reporting attachment | 8.20 | 8.20 | 8.20 | 8.20 | 8.20 | 8.20 |
| 5. Sequestrations for rent, poinding of ground | 5. Sequestrations for rent, poinding of ground | 5. Sequestrations for rent, poinding of ground | 5. Sequestrations for rent, poinding of ground | 5. Sequestrations for rent, poinding of ground | 5. Sequestrations for rent, poinding of ground | 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 | 46.75 | 46.75 | 46.75 | 70.20 | 70.20 | 70.20 |
| b Arranging and effecting sequestration where the appraised value is – | ||||||
| i £605 or under | 82.60 | 82.60 | 82.60 | |||
| ii over £605 and up to £2,431 | 129.70 | 129.70 | 129.70 | |||
| iii over £2,431 as 3(c)(iii) above | ||||||
| c Arranging and effecting ordinary sequestrations or poinding of the ground | 129.70 | 129.70 | 129.70 | |||
| d Service – as in item 1(a) or (b) above, as the case may be | ||||||
| 6. Auctions | 6. Auctions | 6. Auctions | 6. Auctions | 6. Auctions | 6. Auctions | 6. Auctions |
| a i Arranging auction, preparing advertisement and giving public notice | 21.30 | 21.30 | 21.30 | 21.30 | 21.30 | 21.30 |
| 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 | 46.75 | 46.75 | 46.75 | 70.20 | 70.20 | 70.20 |
| ii Officer and witness attending auction | 129.70 | 129.70 | 129.70 | 129.70 | 129.70 | 129.70 |
| 7. Ejections | 7. Ejections | 7. Ejections | 7. Ejections | 7. Ejections | 7. Ejections | 7. Ejections |
| a Arranging ejection | 46.75 | 46.75 | 46.75 | 70.20 | 70.20 | 70.20 |
| b Arranging and executing ejection | 96.05 | 96.05 | 96.05 | 109.00 | 109.00 | 109.00 |
| 8. Taking possession of effects | 8. Taking possession of effects | 8. Taking possession of effects | 8. Taking possession of effects | 8. Taking possession of effects | 8. Taking possession of effects | 8. Taking possession of effects |
| a Arranging possession | 46.75 | 46.75 | 46.75 | 70.20 | 70.20 | 70.20 |
| b Arranging and effecting possession | 96.05 | 96.05 | 96.05 | 129.70 | 129.70 | 129.70 |
| 9. Apprehensions | 9. Apprehensions | 9. Apprehensions | 9. Apprehensions | 9. Apprehensions | 9. Apprehensions | 9. Apprehensions |
| a Arranging apprehension | 70.20 | 70.20 | 70.20 | |||
| b Arranging and apprehending | 129.70 | 129.70 | 129.70 | |||
| 10. Taking possession of a child | 10. Taking possession of a child | 10. Taking possession of a child | 10. Taking possession of a child | 10. Taking possession of a child | 10. Taking possession of a child | 10. Taking possession of a child |
| a Arranging to take possession | 70.20 | 70.20 | 70.20 | |||
| b Arranging and taking possession of each child | 129.70 | 129.70 | 129.70 | |||
| 11. Arresting vessels, aircraft and cargo | 11. Arresting vessels, aircraft and cargo | 11. Arresting vessels, aircraft and cargo | 11. Arresting vessels, aircraft and cargo | 11. Arresting vessels, aircraft and cargo | 11. Arresting vessels, aircraft and cargo | 11. Arresting vessels, aircraft and cargo |
| a Arranging to arrest | 46.75 | 46.75 | 46.75 | 70.20 | 70.20 | 70.20 |
| b Arranging and effecting arrestment | 118.00 | 118.00 | 118.00 | 214.55 | 214.55 | 214.55 |
| 12. Miscellaneous | 12. Miscellaneous | 12. Miscellaneous | 12. Miscellaneous | 12. Miscellaneous | 12. Miscellaneous | 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 | 16.25 | 16.25 | 16.25 | 16.25 | 16.25 | 16.25 |
| b Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | 8.20 | 8.20 | 8.20 | 8.20 | 8.20 | 8.20 |
| c Arranging locksmith or tradesman to be in attendance | 5.20 | 5.20 | 5.20 | 5.20 | 5.20 | 5.20 |
| 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 | 16.25 | 16.25 | 16.25 | 16.25 | 16.25 | 16.25 |
| e Executing warrant to open lockfast places | 16.25 | 16.25 | 16.25 | 16.25 | 16.25 | 16.25 |
| f Time | ||||||
| i with witness –£26.10 per unit | ||||||
| ii without witness – £19.50 per unit | ||||||
| g Photocopies | ||||||
| i first page document – £1.85 | ||||||
| ii subsequent pages – per page – £1.00 |
Signed
A C HAMILTON — Lord President, I.P.D. — 17th December 2008
Explanatory note
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002 by substituting a new Table of Fees.
The fee levels in the new Table of Fees represent an increase of 4.35% on the existing fees. This increase takes effect from 26th January 2009.
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. Section 6 will be amended by paragraph 7(4) of schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) when that provision comes into force.
[^f00003]: S.S.I. 2002/567, amended by S.S.I. 2003/538, 2004/513, 2005/583, 2006/539 and 2007/550.
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