The Sheriff Court Fees Amendment (No.2) Order 1993

Made: 29th November 1993

Laid before Parliament: 10th December 1993

Coming into force: 1st January 1994

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 (No. 2) Order 1993 and shall come into force on 1st January 1994.

2

The Sheriff Court Fees Order 1985[^f00002] shall be amended as follows:–

• (a) after article 9 there shall be inserted the following article:–

(9A) Paragraphs 16(d), 35, 36, 37, 38, 40 and 41 of the Table of Fees shall not apply to causes commenced before 1st January 1994.

; and

• (b) for the Table of Fees in the Schedule to that Order[^f00003] there shall be substituted the Table of Fees set out in the Schedule to this Order.

3

The Sheriff Court Fees Amendment Order 1992[^f00004] and the Sheriff Court Fees Amendment Order 1993[^f00005] are hereby revoked.

SCHEDULE — TABLE OF FEES

PART 1-COMMISSARY PROCEEDINGS

1

Petition for (a) appointment of executor, (b) restriction of caution, (c) special warrant, (d) sealing up of 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[^f00007] is required does not exceed—

4

Commissary copying and extracting

• (1) Issuing certificate of confirmation

PART II–SHERIFF COURT PROCEEDINGS

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, reponing note or attendance to state a defence, or oppose an interim order in proceedings to which paragraph 5 of this Table applies, each defender or compearer

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 a bankrupt or application for approval of compostiton or deed of arrangement

12

Sheriff clerk acting as commissioner

12A

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985[^f00008]

13

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

14

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00009]

15

Complaint

15A

Petition for removal of disqualification

16

Summons-Summary cause (including small claim)—

17

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

18

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

19

Simplified divorce application (inclusive of all procedures other than those specified at 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 officer

21

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

22

Note in a liquidation or judicial factory

23

Caveat

24

Summary warrant for the recovery of rates

25

Summary warrant for the recovery of community charges

25A

Summary warrant for the recovery of council tax, council water charge and related penalties

26

Summary warrant for the 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’s report

31

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

32

Recording, engrossing, extracting or copying all documents except as provided for at paragraph 4 of this Table—

33

Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table—

34

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

35

Fee to be paid by the pursuer on the lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 1993[^f00012]

36

Fee to be paid by the pursuer on the lodging of a certified copy closed record under the additional procedure of the said Rules

37

Fee to be paid by pursuer on the fixing of a proof, debate or hearing

38

Fee to be paid by the pursuer for each additional day or part thereof of proof, debate or hearing of the merits of a cause

39

Fee to be paid by any party lodging a written motion, minute, or motion and minute; or opposing any such motion, minute or motion and minute

40

Fee to be paid on marking an appeal to the Sheriff Principal in any proceedings

41

Fee to be paid by any party on the lodging of affidavit evidence in any cause

Signed

Fraser of Carmyllie — Minister of State, Scottish Office — 25th November 1993

We concur,

T. J. R. Wood — Timothy Kirkhope — Two of the Lords Commissioners of Her Majesty’s Treasury — 29th November 1993

Explanatory note

(This note is not part of the Order)

This Order amends, with effect from 1st January 1994, the Sheriff Court Fees Order 1985. It takes account of new procedures, coming into force on that date, introduced into ordinary cause actions in the Sheriff Court. This Order inserts an additional article, 9A, into the 1985 Order and substitutes a new Table of Fees in the Schedule to that Order. Most of the existing fees payable in relation to proceedings in the sheriff court are increased. New structures for the charging of certain commissary fees (at paragraph 3) and taxation fees (at paragraph 34) are introduced. New fees are introduced (at paragraph 16(d) and Part V) for certain procedures relating to lodging of documents, motions, appeals and hearings on the merits of a cause. A new fee is introduced (at paragraph 15A) for petitions for the removal of a disqualification under the Road Traffic Offenders Act 1988.

The Order also revokes the Sheriff Court Fees Amendment Orders of 1992 and 1993.

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. 1992/413 and S.I. 1993/428.

[^f00003]: As substituted by S.I. 1992/413 and amended by S.I. 1993/428.

[^f00004]: S.I. 1992/413.

[^f00005]: S.I. 1993/428.

[^f00006]: Column 3 shows the fees which were payable under S.I. 1985/827 as amended by S.I. 1992/413 and 1993/428 before the coming into force of this Order.

[^f00007]: 1892 c. 6.

[^f00008]: 1985 c. 66 as amended by the Bankruptcy (Scotland) Act 1993 (c. 6).

[^f00009]: 1982 c. 27.

[^f00010]: 1975 c. 21.

[^f00011]: 1988 c. 53.

[^f00012]: S.I. 1993/1956.