Act of Sederunt (Fees of Sheriff Officers) 1991

Made: 19th February 1991

Laid before Parliament: 4th March 1991

Coming into force: 25th March 1991

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 40 of the Sheriff Courts (Scotland) Act 1907[^f00001], section 6 of the Execution of Diligence (Scotland) Act 1926[^f00002] and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 1991 and shall come into force on 25th March 1991.

• (2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees

2

• (1) Subject to the following paragraphs of this rule, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990[^f00003], substitute the table of Fees in the Schedule to this Act of Sederunt.

• (2) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 as substituted by paragraph (1) above shall apply to work done on or after the date on which this Act of Sederant comes into force.

• (3) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 having effect before the substitution under paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.

SCHEDULE 1 — TABLE OF FEES

1

Service or intimation of a document

• (a) Service

• (i) each person at a different address

2

Interdicts

• (a) Interdict only

• (i) each person at a different address

3

Poindings

• (a) Serving notice of entry

4

Poindings of motor vehicles, heavy plant or machinery

• (a) Arranging and executing poinding where appraised value is-

• (i) £340 or under

5

Sequestrations for rent, poinding of ground

• (a) Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason

6

Sales

• (a)

• (i) Application for warrant of sale or variation of warrant of sale

7

Ejections

• (a) Arranging ejection

8

Taking possession of effects

• (a) Arranging possession

9

Apprehensions

• (a) Arranging apprehension

10

Taking possession of children

• (a) Arranging to take possession

11

Arresting vessels, aircraft and cargo

• (a) Arranging to arrest

12

Miscellaneous

• (a) To making any report or application under the Act of 1987 with exception of reporting a poinding

Signed

J.A.D. Hope — Lord President, IPD — 19th February 1991

Explanatory note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Fees of Sheriff Officers) 1990 by increasing the fees payable to Sheriff Officers by about 14%. The last increase was in the ACt of Sederunt (Fees of Sheriff Officers) 1989 (S.I. 1989/1018).

Footnotes

[^f00001]: 1907 c. 51; section 40 was amended by the Schedule to the Administration of Justice (Scotland) Act 1933 (c. 41) and by paragraph 7 of Schedule 1 to and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), and is to be read with section 1(3) of the Secretaries of State Act 1926 (c. 18).

[^f00002]: 1926 c. 16.

[^f00003]: S.I. 1990/381