LegalizeThe Sheriff Appeal Court Fees Order 2015
Made: 4th November 2015
Laid before the Scottish Parliament: 6th November 2015
Coming into force in accordance with article 1
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Citation, commencement and effect
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Fees payable in the Sheriff Appeal Court
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Exemption of certain persons from fees
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Exemptions relating to particular proceedings
4
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SCHEDULE 1 — TABLE OF FEES
| Column 1 | Column 2 |
|---|---|
| (Matters) | (Fee Payable) £ |
| 1. Lodging or opposing a motion. | 47 |
| 2. Fixing a hearing date. | 53 |
| 3. Lodging an appeal in a cause other than a summary cause; lodging an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014. | 111 |
| 4. Hearing fee per day or part thereof (bench of 1). (NOTE: This fee does not apply to the first 30 minutes of the hearing.) | 223 |
| 5. Hearing fee per day or part thereof (bench of 3 or more). (NOTE: This fee does not apply to the first 30 minutes of the hearing.) | 557 |
| 6. Copying of— | |
| each document, up to 10 pages; | 6 |
| each further page or part thereof; | 0.5 |
| each document in electronic form. | 6 |
| 7. Any search of records or archives, per 30 minutes or part thereof. | 11 |
| In addition, correspondence fee where applicable. | 11 |
| 8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation— | |
| lodging account for taxation; taxing accounts of expenses etc.— | 42 |
| up to £400; for every additional £100 or part thereof. | 20 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 |
| 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 |
SCHEDULE 2 — TABLE OF FEES
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Matters) | (Fee Payable) £ | (Fee Formerly Payable)[^f00012] £ |
| 1. Lodging or opposing a motion. | 48 | 47 |
| 2. Fixing a hearing date. | 54 | 53 |
| 3. Lodging an appeal in a cause other than a summary cause; lodging an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014. | 113 | 111 |
| 4. Hearing fee per day or part thereof (bench of 1). (NOTE: This fee does not apply to the first 30 minutes of the hearing.) | 227 | 223 |
| 5. Hearing fee per day or part thereof (bench of 3 or more). (NOTE: This fee does not apply to the first 30 minutes of the hearing.) | 568 | 557 |
| 6. Copying of— | ||
| each document, up to 10 pages; | 6 | 6 |
| each further page or part thereof; | 0.5 | 0.5 |
| each document in electronic form. | 6 | 6 |
| 7. Any search of records or archives, per 30 minutes or part thereof. | 12 | 11 |
| In addition, correspondence fee where applicable. | 12 | 11 |
| 8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation— | ||
| lodging account for taxation; | 43 | 42 |
| taxing accounts of expenses etc.— | ||
| 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 |
SCHEDULE 3 — TABLE OF FEES
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Matters) | (Fee Payable)£ | (Fee Formerly Payable)£ |
| 1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.(NOTE: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.) | 48 | 48 |
| 2. Fixing of a hearing— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure); | 54 | 54 |
| under rule 27.2 (accelerated appeal procedure); | 54 | |
| under rule 28.13(3)(a) (application for a new jury trial); | 54 | |
| under rule 29.2(2) (appeal from summary cause); | 54 | |
| under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case). | 54 | |
| (NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.) | ||
| 3. Lodging— | ||
| an appeal in a cause other than a summary cause or simple procedure case; | 113 | 113 |
| a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals); | 113 | |
| an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014. | 113 | |
| 4. Hearing fee per day or part thereof (bench of 1) for hearings— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules; | 227 | 227 |
| under rule 27.2; | 227 | |
| under rule 28.13(3)(a); | 227 | |
| under rule 29.2(2); | 227 | |
| under rule 16.4(1) of the Simple Procedure Rules. | 227 | |
| (NOTES: This fee does not apply to the first 30 minutes of the hearing. Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal. Where an appeal and a cross-appeal are heard together, each party must pay fee.) | ||
| 5. Hearing fee per day or part thereof (bench of 3 or more) for hearings— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules; | 568 | 568 |
| under rule 27.2; | 568 | |
| under rule 28.13(3)(a); | 568 | |
| under rule 29.2(2); | 568 | |
| under rule 16.4(1) of the Simple Procedure Rules. | 568 | |
| (NOTES: This fee does not apply to the first 30 minutes of the hearing. Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal. Where an appeal and a cross-appeal are heard together, each party must pay fee.) | ||
| 6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)— | ||
| by photocopying or otherwise producing a printed or typed copy— | ||
| each document, up to 10 pages; | 6 | 6 |
| each further page or part thereof in excess of 10 pages; | 0.5 | 0.5 |
| for a copy of each document in electronic form. | 6 | 6 |
| 7. Any search of records or archives, per 30 minutes or part thereof. | 12 | 12 |
| In addition, correspondence fee where applicable. | 12 | 12 |
| 8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation— | ||
| lodging account for taxation; | 43 | 43 |
| taxing accounts of expenses etc.— | ||
| 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 |
Signed
PAUL WHEELHOUSE — Authorised to sign by the Scottish Ministers — 4th November 2015
Explanatory note
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Footnotes
[^f00001]: 2014 asp 18.
[^f00002]: 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), Schedules 2 and 3; the Civil Partnership Act 2004 (c.33), Schedule 24; the Welfare Reform Act 2007 (c.5), Schedules 3 and 8; the Welfare Reform Act 2009 (c.24), section 3; and the Welfare Reform Act 2012 (c.5), Schedule 14.
[^f00003]: 1995 c.18.
[^f00004]: 2012 c.5.
[^f00005]: 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).
[^f00006]: 2002 c.16.
[^f00007]: 2002 c.21. Section 3(5A) was substituted for section 3(5) to (6) by the Civil Partnership Act 2004, Schedule 24, paragraph 144(3).
[^f00008]: 2007 c.5.
[^f00009]: 2011 asp 1, as relevantly modified by section 109 of the Courts Reform (Scotland) Act 2014 and as relevantly amended by paragraph 7 of Part 1 of the Schedule to the Courts Reform (Scotland) Act 2014 (Consequential and Supplemental Provisions) Order 2015 (S.S.I. 2015/xxx).
[^f00010]: 1987 c.18.
[^f00011]: 2002 asp 17.
[^f00012]: Column 3 shows the fees which were payable by virtue of Schedule 1 to this Order immediately before the coming into force of this Schedule.
Editorial notes
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