Act of Sederunt (Fees of Sheriff Officers) 2013

Made: 10th December 2013

Laid before the Scottish Parliament: 12th December 2013

Coming into force: 27th January 2014

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], section6 of the Execution of Diligence (Scotland) Act 1926[^f00002] and of all other powers enabling them in that behalf[^f00003], 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) 2013 and comes into force on 27th January 2014.

• (2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of fees

2

For the Table of Fees in Schedule1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002[^f00004] substitute the Table of Fees in the Schedule to this Act of Sederunt.

Savings

3

Paragraph2 does not affect the fees payable as respects any work carried out before 27th January 2014.

SCHEDULE — TABLE OF FEES

1

Service or intimation of a document

2

Inhibitions

3

Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. ( Scotland ) Act 2004)

4

Attachments

5

Attachment of motor vehicles, heavy plant or machinery

6

Money attachments under the Act of 2007

7

Auctions

8

Ejections

9

Taking possession of effects

10

Apprehensions

11

Taking possession of a child

12

Arresting vessels, aircraft and cargo

13

Miscellaneous

Signed

BRIAN GILL — Lord President — I.P.D. — 10th December 2013

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt substitutes a new Table of Fees for the Table of Fees in 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 2.15% on the existing fees. This increase takes effect from 27th January 2014.

Footnotes

[^f00001]: 1907 c.51. Section40 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. Section40 was renumbered as section40(1), the proviso was repealed and section40(2) was inserted by S.S.I. 2011/396.

[^f00002]: 1926 c.16.

[^f00003]: The powers to make this Act of Sederunt are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Act of Sederunt is subject to the negative procedure by virtue of section33(4) of that Act.

[^f00004]: S.S.I. 2002/567, amended by S.S.I. 2003/538, 2004/513, 2005/583, 2006/539, 2007/550, 2008/430, 2009/379, 2011/47, 2011/432 and 2012/341.