LegalizeThe Sheriff Appeal Court Fees Order 2022
Made: 24th May 2022
Laid before the Scottish Parliament: 26th May 2022
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)[^f00017] £ |
| 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.) | 52 | 51 |
| 2. Fixing of a hearing— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules[^f00018] (standard appeal procedure), | 58 | 57 |
| under rule 27.2 (accelerated appeal procedure), | 58 | 57 |
| under rule 28.13(3)(a) (application for a new jury trial), | 58 | 57 |
| under rule 29.2(2) (appeal from summary cause), | 58 | 57 |
| under rule 16.4(1) of the Simple Procedure Rules[^f00019] (appeal from simple procedure case). | 58 | 57 |
| (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, | 122 | 120 |
| a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals), | 122 | 120 |
| an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014, | 122 | 120 |
| an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014. | 122 | 120 |
| 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, | 247 | 242 |
| under rule 27.2, | 247 | 242 |
| under rule 28.13(3)(a), | 247 | 242 |
| under rule 29.2(2), | 247 | 242 |
| under rule 16.4(1) of the Simple Procedure Rules. | 247 | 242 |
| 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, | 617 | 605 |
| under rule 27.2, | 617 | 605 |
| under rule 28.13(3)(a), | 617 | 605 |
| under rule 29.2(2), | 617 | 605 |
| under rule 16.4(1) of the Simple Procedure Rules. | 617 | 605 |
| 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, | 47 | 46 |
| 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 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.) | 54 | 52 |
| 2. Fixing of a hearing— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure), | 60 | 58 |
| under rule 27.2 (accelerated appeal procedure), | 60 | 58 |
| under rule 28.13(3)(a) (application for a new jury trial), | 60 | 58 |
| under rule 29.2(2) (appeal from summary cause), | 60 | 58 |
| under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case). | 60 | 58 |
| (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, | 124 | 122 |
| a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals), | 124 | 122 |
| an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014, | 124 | 122 |
| an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014. | 124 | 122 |
| 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, | 252 | 247 |
| under rule 27.2, | 252 | 247 |
| under rule 28.13(3)(a), | 252 | 247 |
| under rule 29.2(2), | 252 | 247 |
| under rule 16.4(1) of the Simple Procedure Rules. | 252 | 247 |
| 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, | 629 | 617 |
| under rule 27.2, | 629 | 617 |
| under rule 28.13(3)(a), | 629 | 617 |
| under rule 29.2(2), | 629 | 617 |
| under rule 16.4(1) of the Simple Procedure Rules. | 629 | 617 |
| 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, | 48 | 47 |
| 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.) | 55 | 54 |
| 2. Fixing of a hearing— | ||
| under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure), | 61 | 60 |
| under rule 27.2 (accelerated appeal procedure), | 61 | 60 |
| under rule 28.13(3)(a) (application for a new jury trial), | 61 | 60 |
| under rule 29.2(2) (appeal from summary cause), | 61 | 60 |
| under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case). | 61 | 60 |
| (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, | 126 | 124 |
| a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals), | 126 | 124 |
| an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014, | 126 | 124 |
| an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014. | 126 | 124 |
| 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, | 257 | 252 |
| under rule 27.2, | 257 | 252 |
| under rule 28.13(3)(a), | 257 | 252 |
| under rule 29.2(2), | 257 | 252 |
| under rule 16.4(1) of the Simple Procedure Rules. | 257 | 252 |
| 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, | 642 | 629 |
| under rule 27.2, | 642 | 629 |
| under rule 28.13(3)(a), | 642 | 629 |
| under rule 29.2(2), | 642 | 629 |
| under rule 16.4(1) of the Simple Procedure Rules. | 642 | 629 |
| 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. | 14 | 13 |
| In addition, correspondence fee where applicable. | 14 | 13 |
| 8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation— | ||
| lodging account for taxation, | 49 | 48 |
| taxing accounts of expenses etc.— | ||
| up to £400, | 22 | 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
ASH REGAN — Authorised to sign by the Scottish Ministers — 24th May 2022
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 paragraph 36(3) of schedule 8 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40).
[^f00003]: 1992 c. 4. Section 124, which provides for income support, was amended by schedules 2 and 3 of the Jobseekers Act 1995 (c. 18); paragraph 28 of Part 4 of schedule 8 of the Welfare Reform and Pensions Act 1999 (c. 30); schedules 2 and 3 of the State Pension Credit Act 2002 (c. 16); schedule 24 of the Civil Partnership Act 2004 (c. 33); schedules 3 and 8 of the Welfare Reform Act 2007 (c. 5); section 3 of the Welfare Reform Act 2009 (c. 24); and paragraph 1 of schedule 14 of the Welfare Reform Act 2012 (c. 5).
[^f00004]: 1995 c. 18.
[^f00005]: 2002 c. 16.
[^f00006]: 2002 c. 21. Paragraphs (a) and (b) of section 3(5A) were substituted for paragraphs (a) to (d) by paragraph 23(2) of schedule 3 of S.I. 2019/1458. Section 3(5A) was substituted for section 3(5) and (6) by paragraph 144(3) of schedule 24 of the Civil Partnership Act 2004 (c. 33). Part 1 of the Tax Credits Act 2002 was repealed by paragraph 1 of schedule 14 of the Welfare Reform Act 2012 subject to savings provisions in S.I. 2019/167.
[^f00007]: 2007 c. 5.
[^f00008]: 2012 c. 5.
[^f00009]: S.S.I. 2022/54.
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