Act of Sederunt (Fees of Sheriff Officers) 1992

Made: 16th January 1992

Laid before Parliament: 27th January 1992

Coming into force: 17th February 1992

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) 1992 and shall come into force on 17th February 1992.

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

Amendment of fees

2

• (1) Subject to this rule and the following 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 Sederunt 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 — TABLE OF FEES

1

Service or intimation of a document

• (a) Service

• (i) each person at a different address

2

Interdicts

• (a) Interdicts only

• (i) each person at a different address

3

Poindings

• (a) Saving notice of entry

4

Poindings of motor vehicles, heavy plant or machinery

• (a) Arranging and executing pointing 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 possessions

8

Taking possession of effects

• (a) Arranging possession

9

Apprehensions

• (a) Arranging apprehensions

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 — 16th January 1992

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 6%. The last increase was in the Act of Sederunt (Fees of Sheriff Officers) 1991 (S.I. 1991/290). It also amends the entry in the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 (S.I. 1990/379) relating to photocopies.

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; amended by S.I. 1991/290.