The Sheriff Court Fees Amendment Order 1996

Made: 4th March 1996

Laid before Parliament: 11th March 1996

Coming into force: 1st April 1996

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:

Citation and commencement

1

This Order may be cited as the Sheriff Court Fees Amendment Order 1996 and shall come into force on 1st April 1996.

Amendment of Fees Order

2

• (1) The Sheriff Court Fees Order 1985[^f00002] shall be amended in accordance with the following provisions of this article.

• (2) In article 2(1) (Interpretation), there shall be inserted after the definition of “extract decree” the following definitions:—

• “minute” means a minute in terms of rule 14.2 of the Ordinary Cause Rules 1993[^f00003];
• “motion” means— a written motion to which Chapter 15 of the Ordinary Cause Rules 1993 apply; and a written motion made in an undefended family action in terms of Chapter 33 of the Ordinary Cause Rules 1993 in which no notice of intention to defend has been lodged;

• (3) After article 2(2) (Interpretation), there shall be inserted, as follows:—

(3) The fees payable in respect of the matters referred to in paragraphs 35, 36 and 41 of the Table of Fees shall be payable on one occasion only in respect of a cause.

• (4) In article 5 (cases in which an extra fee is payable)—

• (a) in paragraph (1)—

• (i) for the words “ordinary roll”, there shall be substituted the words “ordinary cause roll”; and

• (ii) for the word “action”, wherever it appears, there shall be substituted the word “cause”; and

• (b) in paragraph (2) for the words “or bankruptcy proceedings”, there shall be substituted the words “, bankruptcy proceedings or proceedings under section 4 of the Requirements of Writing (Scotland) Act 1995[^f00004]”.

• (5) For the Table of Fees in the Schedule there shall be substituted the Table of Fees set out in the Schedule to this Order.

Revocation

3

Article 2 (b) of the Sheriff Court Fees Amendment (No.2) Order 1993[^f00005] is hereby revoked.

SCHEDULE — TABLE OF FEES

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) or (c) of this paragraph applies—

4

Commissary copying and extracting

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 composition 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 of 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

31

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

31A

Application under section 4 of the Requirements of Writing (Scotland) Act 1995

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[^f00011]

36

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

37

Fee to be paid by pursuer on the fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

38

Fee to be paid by the pursuer for each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause

39

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

40

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

41

Fee to be paid by the pursuer on the endorsing of a minute in the form F27 in terms of rule 33.29(1)(b) of the said Rules

Signed

James Douglas-Hamilton — Minister of State, Scottish Office — 29th February 1996

We concur,

Simon Burns — Liam Fox — Two of the Lords Commissioners of Her Majesty’s Treasury — 4th March 1996

Explanatory note

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1985 by specifying new fee levels in substitution for those applicable since 1st January 1994. Many fee levels remain unchanged and the increases represent an average of 4%.

A fee is payable for the first time for applications in terms of section 4 of the Requirements of Writing (Scotland) Act 1995 and the fee for copying and extracting in respect of commissary proceedings is reduced when a subsequent duplicate confirmation, confirmation and will or will is ordered at the same time as the first copy. The 1985 Order is amended for the purpose of clarification and in particular places beyond doubt that the fee to be paid on the lodging of a certified copy record, on the lodging of a certified closed record and the endorsing of a minute seeking decree in certain undefended family actions is payable on one occasion only in respect of a cause. The 1985 Order is also amended in making consequential amendments.

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. 1993/2957.

[^f00003]: S.I. 1993/1956.

[^f00004]: 1995 c. 7.

[^f00005]: S.I. 1993/2957.

[^f00006]: Column 3 shows the fees which were payable under S.I. 1985/827 as amended by S.I. 1993/2957 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]: 1988 c. 53.

[^f00011]: S.I. 1993/1956.