Act of Sederunt (Fees of Sheriff Officers) 1998

Made: 22nd October 1998

Laid before Parliament: 30th October 1998

Coming into force: 1st January 1999

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 1907¹ section 6 of the Execution of Diligence (Scotland) Act 1926² 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 o.f Sederunt (Fees of Sheriff Officers) 1998 and shall come into force on 1st January 1999.

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

Amendment of fees

2

• (1) Subject to sub-paragraph (2) below, the Table of Fees in the Schedule to this Act of Sederunt shall be substituted for the Table in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1994³ and shall apply to work carried out by a sheriff officer on or after the date on which this Act of Sederunt comes into force.

• (2) Sub-paragraph (i) above does not affect the fees payable as respects any work so carried out before the date mentioned in that sub-paragraph.

SCHEDULE — TABLE OF FEES

Service or intimation of a document

1

• (a) Service

• (i) each person at a different address

Interdicts

2

• (a) Interdict only

• (i) each person at a different address

Poindings

3

• (a) Serving notice of entry

Poindings of motor vehicles, heavy plant or machinery

4

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

• (i) £431 or under

Sequestrations for rent, poinding of ground

5

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

Sales

6

• (a)

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

Ejections

7

• (a) Arranging ejection

8

Taking possession of effects

• (a) Arranging possession

Apprehensions

9

• (a) Arranging apprehension

Taking possession of children

10

• (a) Arranging to take possession

Arresting vessels, aircraft and cargo

11

• (a) Arranging to arrest

Miscellaneous

12

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

Signed

Rodger of Earlsferry — Lord President I.P.D. — 22nd October 1998

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) 1994 (S.I. 1994/392) by increasing the fees payable to Sheriff Officers by about 4.1%. The last increase was in the Act of Sererunt (Fees of Sheriff Officers) 1997 (S.I. 1997/2824).

Footnotes