Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Sheriff Court Fees Order 2015

Type Scottish-Statutory-Instrument

Publication 2015-06-15

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

articles Not indexed

Reform history JSON API PDF

Made: 15th June 2015

Laid before the Scottish Parliament: 17th June 2015

Coming into force in accordance with article 1

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Citation, commencement and effect

1

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Interpretation

2

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Fees payable in sheriff courts

3

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Certain fees payable only once

4

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Matters included in certain fees

5

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Fees payable in the Sheriff Personal Injury Court

6

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Cases in which an extra fee is payable

7

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Exemption of certain persons from fees

8

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Exemption in connection with estate exempt from inheritance tax

9

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Exemptions relating to particular proceedings

10

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Sheriff Personal Injury Court: exemption of certain motions from fees

11

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Revocations

12

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SCHEDULE 1 — TABLES OF FEES

PART 1 — Sheriff court

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)[^f00021]
	£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for—
appointment of executor;	18	17
restriction of caution;	18	17
special warrant;	18	17
sealing up of repositories or the like;	18	17
appointment of Commissary factor.	18	17
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree)
2. Sealing up repositories or the like, per hour.	29	28
3.
Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies—
where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892[^f00022] is required does not exceed—
£10,000;	No fee	No fee[^f00023]
£50,000;	221	212
where the amount of the estate exceeds £50,000;	221	212
receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa;	221	212
Receiving and examining inventory of estate where it is declared that confirmation is not required.	The fees payable are 50% of those specified in sub paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable	The fees payable are 50% of those specified in sub paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable
4. Commissary copying and extracting.
(1) Issuing certificate of confirmation—
if ordered when lodging inventory, each certificate;	6	6
if ordered subsequent to lodging inventory—	18	17
first certificate, including search fee;	18	17
each subsequent certificate.	6	6
(2) Copy or duplicate confirmation—	11	11
if ordered when lodging inventory;	11	11
if ordered subsequent to lodging inventory—	23	22
duplicate confirmation, including search fee;	23	22
each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).	11	11
(3) Certified extract confirmation and will (if any)—	23	22
if ordered when lodging inventory;	23	22
if ordered subsequent to lodging inventory—	35	34
certified extract, including search fee;	35	34
each subsequent certified extract if ordered at the same time as the certified extract in head (i).	23	22
(4) Copy will—	6	6
if ordered when lodging inventory;	6	6
if ordered subsequent to lodging inventory—	18	17
copy will, including search fee;	18	17
each subsequent copy will if ordered at the same time as the copy will in head (i).	6	6
PART II — SHERIFF COURTPROCEEDINGS
Initial Writ
5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee. (NOTE: fee covers issue of extract decree).	94	90
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.	94	90
Divorce and dissolution of civil partners
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). (NOTE: fee covers issue of extract decree).	147	141
Application for simplified divorce and simplified dissolution of civil partnership
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree).	111	107
9. Subsequent application upon change of circumstances by party.	29	28
Summary warrant	70	67
10. Application for summary warrant.	70	67
Bankruptcy	111	107
11. Petition for sequestration of estates or petition for recall of award of sequestration.	111	107
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985[^f00024].	58	56
13. Application for the approval of composition.	35	34
Declarator and petitions for completion of title for the Sheriff of Chancery
14. Application for declarator and petition for completion of title to the Sheriff of Chancery.	223	214
15. Issue of chancery extract.	105	101
Summary cause
16. Summons - summary cause (including small claim and European small claim procedure) (NOTE: fee covers issue of extract decree)—
actions for payment of money of £200 or less (or 250 euros for European small claims);	18	17
other actions;	76	73
on the marking of an appeal.	58	56
Criminal procedure	35	34
17. Complaint.	35	34
Road Traffic Offenders Act 1988[^f00025]	87	84
18. Petition for removal of disqualification.	87	84
Miscellaneous
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995[^f00026].	18	17
20. Caveat.	35	34
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00027].	23	22
22. Note in a liquidation or judicial factory.	35	34
Defender’s responses
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
in proceedings to which paragraph 5 of this Table applies;	94	90
in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).	147	141
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).	111	107
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.	111	107
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.	53	51
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).	223	214
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.	65	62
Payable by any party (including pursuer)
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.	47	45
30. Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).	111	107
Sheriff court books
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).	23	22
32. Preservation of deeds, each deed (NOTE: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 36 of this Table).	11	11
Miscellaneous office procedures
33. Lodging each set of plans or other Parliamentary deposit.	70	67
34. Inspection of report of auction and the auditor of court’s report.	18	17
35. 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 appropriately included in the Ordinary Cause Rules, with the fees below payable in advance—	339	326[^f00028]
weekly for 12 months.	339	326[^f00028]
36. Recording, engrossing, extracting, printing 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 37 of this Table)—
by photocopying or otherwise producing a printed or typed copy—
up to 10 pages;	6	5
each page or part thereof in excess of 10 pages;	0.50	0.50
for a copy of a document in electronic form.	6	5
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)	6	5
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof—	11	-[^f00029]
In addition, correspondence fee where applicable.	11	11
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.	11 plus sheriff officer’s fee	11 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
lodging account for taxation.	42	40
taxing accounts of expenses etc.—	20	20
up to £400;	20	20
for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
cancellation of diet of taxation—
where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.	75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

PART 2 — Sheriff Personal Injury Court

Column 1	Column 2
(Matters)	(Fee Payable)
	£
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.	53
2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause.	58
3. Hearing fee: per 30 minutes or part thereof.	75
4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause).	105
5. Initial writ. (NOTE: fee covers issue of extract decree).	210
6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree).	210
7. Citation of a civil jury.(NOTE: includes outlays incurred in citing and countermanding, and is payable on the lodging of a proposed issue for jury trial.)	292
8. Certified copy of a document	18

SCHEDULE 2 — TABLES OF FEES

PART 1 — Sheriff court

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