The Sheriff Court Fees Amendment Order 1989

Made: 21st February 1989

Laid before Parliament: 9th March 1989

Coming into force: 1st April 1989

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895[^f00001], and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

1

This Order may be cited as the Sheriff Court Fees Amendment Order 1989 and shall come into force on 1st April 1989.

2

For the Table of Fees in the Schedule to the Sheriff Court Fees Order 1985[^f00002] there shall be substituted the Table of Fees set out in the Schedule to this Order.

SCHEDULE — TABLE OF FEES

1

Petition for (a) appointment of executor, (b) restriction of caution. (c)special warrant, (d) sealing up repositories or the like, or (e) appointment of Commissary factor

2

Sealing up repositories or the like, per hour

3

• (a) Receiving and examining inventory of estate, except where sub-paragraph (b), (c) or (d) of this paragraph applies—

• (i) 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[^f00004] is required, does not exceed

• £3,000

4

Issuing each certificate of confirmation

Ordinary actions and various other proceedings

5

Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

6

First writ, responding note or attendance to state a defence, in proceedings to which paragraph 5 of this Table applies, each defender or compearer

Bankruptcy proceedings

7

Petition for sequestration of estates

8

Act and warrant of trustee

9

Writing minute of meeting, per hour

10

Application (written or oral) for discharge of trustee

11

Petition for discharge of bankrupt or application for approval of composition or deed of arrangement

12

Sheriff clerk acting as commissioner

12A

Miscellaneous applications including appeals under the bankruptcy (Scotland) Act 1985[^f00005]

Service of heirs

13

Petition for general or special service or completion of title, or note for a Crown or Prince’s charter, writ or precept

Enforcement of UK judgements

14

Any proceedings under sections 12 or 18 of the Civil Jurisdiction and Judgements Act 1982[^f00006]

Criminal Procedure (Scotland) Act 1975

15

Complaint

Summary cause

16

Summons—Summary Cause (including small claim)

• (1) Action for payment of money less than £50

Action of divorce (other than simplified divorce application)

17

Initial writ in an action of divorce other than a simplified divorce application

18

First writ or attandance to state a defence, each defender or compearer in an action of divorce other than a simplified divorce application

Simplified divorce application

19

Simplified divorce application (inclusive of all procedures other than those specified in paragraphs 20 and 21 of this Table)

20

In relation to a simplified divorce application, citation of, or intimation to, any person or persons by sheriff officerr

21

Subsequent application upon change of circumstances by party to simplified divorce application

Miscellaneous

22

Note in a liquidation or judicial factory

23

Caveat

24

Summary warrant for recovery of rates

25

Summary warrant for recovery of community charges

26

Summary warrant for recovery of taxes

27

Recording protest of a bill or promissory note.

28

Lodging each set of plans or other Parliamentary deposit

29

Preservation of deeds, each deed

30

Inspection of report of sale and the auditor of court report

31

Inspection by a trade protection society, licensed credit reference agency or trade publication of protests, Act Book and Court rolls—

• (a) Weekly for twelve months (payable in advance)

32

Recording, engrossing, extracting or copying all documents—

• (a) By manuscript or tyhpescript per sheet of 250 words

33

Searches: for each search of records or archives—

• (a) For first half hour of time taken

34

For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation:

• (a) Under £50

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 15th February 1989

We concur,

David Maclean — Kenneth Carlisle — Two of the Lords Commissioners of Her Majesty’s Treasury — 21st February 1989

Explanatory note

(This Note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1985 so as to increase most of the fees payable to the sheriff clerk in relation to proceedings in the sheriff court and adds a new matter to the Table of Fees. A new fee is imposed (paragraph 25 of the Table of Fees) for applications to the court for the issue of a summary warrant for recovery of community charges.

Footnotes

[^f00001]: 1895 c. 14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12)

[^f00002]: S.I. 1985/827, amended by S.I. 1986/451 and 1988/1893

[^f00003]: Column 3 shows the fees which were payable under S.I. 1985/827 as amended by S.I. 1986/451 and 1988/1893 before the coming into operation of this Order.

[^f00004]: 1892 c. 6.

[^f00005]: 1985 c. 66.

[^f00006]: 1982 c. 27.

[^f00007]: 1975 c. 21.