LegalizeThe Sheriff Appeal Court Fees Order 2018
Made: 23rd February 2018
Laid before the Scottish Parliament: 27th February 2018
Coming into force in accordance with article 1
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Citation, commencement and effect
1
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Fees payable in the Sheriff Appeal Court
2
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Exemption of certain persons from fees: legal aid
3
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Exemption of certain persons from fees: social security
4
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Exemptions relating to particular proceedings
5
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Exemptions for applicants for certain interdicts and orders
6
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Revocation
7
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SCHEDULE 1 — TABLE OF FEES
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Matters) | (Fee Payable) £ | (Fee Formerly Payable)[^f00015] £ |
| 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.) | 49 | 48 |
| 2. Fixing of a hearing— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules[^f00016] (standard appeal procedure); | 55 | 54 |
| under rule 27.2 (accelerated appeal procedure); | 55 | 54 |
| under rule 28.13(3)(a) (application for a new jury trial); | 55 | 54 |
| under rule 29.2(2) (appeal from summary cause); | 55 | 54 |
| under rule 16.4(1) of the Simple Procedure Rules[^f00017] (appeal from simple procedure case). | 55 | 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; | 116 | 113 |
| a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals); | 116 | 113 |
| an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014; | 116 | 113 |
| an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014. | 116 | - |
| 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; | 232 | 227[^f00018] |
| under rule 27.2; | 232 | 227 |
| under rule 28.13(3)(a); | 232 | 227 |
| under rule 29.2(2); | 232 | 227 |
| under rule 16.4(1) of the Simple Procedure Rules. | 232 | 227 |
| 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; | 581 | 568[^f00019] |
| under rule 27.2; | 581 | 568 |
| under rule 28.13(3)(a); | 581 | 568 |
| under rule 29.2(2); | 581 | 568 |
| under rule 16.4(1) of the Simple Procedure Rules. | 581 | 568 |
| 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; | 7 | 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. | 7 | 6 |
| 7. Any search of records or archives, per 30 minutes or part thereof. | 13 | 12 |
| In addition, correspondence fee where applicable. | 13 | 12 |
| 8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation— | ||
| lodging account for taxation; | 44 | 43 |
| taxing accounts of expenses etc.— | ||
| up to £400; | 21 | 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 2 — TABLE OF FEES
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Matters) | (Fee Payable) £ | (Fee Formerly Payable)[^f00020] £ |
| 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.) | 50 | 49 |
| 2. Fixing of a hearing— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure); | 56 | 55 |
| under rule 27.2 (accelerated appeal procedure); | 56 | 55 |
| under rule 28.13(3)(a) (application for a new jury trial); | 56 | 55 |
| under rule 29.2(2) (appeal from summary cause); | 56 | 55 |
| under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case). | 56 | 55 |
| (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; | 118 | 116 |
| a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals); | 118 | 116 |
| an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014; | 118 | 116 |
| an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014. | 118 | 116 |
| 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; | 237 | 232 |
| under rule 27.2; | 237 | 232 |
| under rule 28.13(3)(a); | 237 | 232 |
| under rule 29.2(2); | 237 | 232 |
| under rule 16.4(1) of the Simple Procedure Rules. | 237 | 232 |
| 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; | 593 | 581 |
| under rule 27.2; | 593 | 581 |
| under rule 28.13(3)(a); | 593 | 581 |
| under rule 29.2(2); | 593 | 581 |
| under rule 16.4(1) of the Simple Procedure Rules. | 593 | 581 |
| 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; | 7 | 7 |
| each further page or part thereof in excess of 10 pages; | 0.5 | 0.5 |
| for a copy of each document in electronic form. | 7 | 7 |
| 7. Any search of records or archives, per 30 minutes or part thereof. | 13 | 13 |
| In addition, correspondence fee where applicable. | 13 | 13 |
| 8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation— | ||
| lodging account for taxation; | 45 | 44 |
| taxing accounts of expenses etc.— | ||
| up to £400; | 21 | 21 |
| 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)[^f00021] £ |
| 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.) | 51 | 50 |
| 2. Fixing of a hearing— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure); | 57 | 56 |
| under rule 27.2 (accelerated appeal procedure); | 57 | 56 |
| under rule 28.13(3)(a) (application for a new jury trial); | 57 | 56 |
| under rule 29.2(2) (appeal from summary cause); | 57 | 56 |
| under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case). | 57 | 56 |
| (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; | 120 | 118 |
| a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals); | 120 | 118 |
| an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014; | 120 | 118 |
| an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014. | 120 | 118 |
| 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; | 242 | 237 |
| under rule 27.2; | 242 | 237 |
| under rule 28.13(3)(a); | 242 | 237 |
| under rule 29.2(2); | 242 | 237 |
| under rule 16.4(1) of the Simple Procedure Rules. | 242 | 237 |
| 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; | 605 | 593 |
| under rule 27.2; | 605 | 593 |
| under rule 28.13(3)(a); | 605 | 593 |
| under rule 29.2(2); | 605 | 593 |
| under rule 16.4(1) of the Simple Procedure Rules. | 605 | 593 |
| 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; | 7 | 7 |
| each further page or part thereof in excess of 10 pages; | 0.5 | 0.5 |
| for a copy of each document in electronic form. | 7 | 7 |
| 7. Any search of records or archives, per 30 minutes or part thereof. | 13 | 13 |
| In addition, correspondence fee where applicable. | 13 | 13 |
| 8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation— | ||
| lodging account for taxation; | 46 | 45 |
| taxing accounts of expenses etc.— | ||
| up to £400; | 21 | 21 |
| 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
ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 2018-02-23
Explanatory note
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Footnotes
[^f00001]: 2014 asp 18. The definition of “relevant officer” in section 107(3) was relevantly amended by S.S.I. 2016/387.
[^f00002]: 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).
[^f00003]: 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.
[^f00004]: 1995 c.18.
[^f00005]: 2002 c.16.
[^f00006]: 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).
[^f00007]: 2007 c.5.
[^f00008]: 2012 c.5.
[^f00009]: 2015 asp 5.
[^f00010]: 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 of S.S.I. 2015/402.
[^f00011]: 1987 c.18.
[^f00012]: 2002 asp 17.
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