The Sheriff Court Fees Amendment Order 1999

Made: 8th March 1999

Laid before Parliament: 11th March 1999

Coming into force: 1st April 1999

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895¹ 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 1999 and shall come into force on 1st April 1999.

Amendment of Fees Order

2

• (1) The Sheriff Court Fees Order 1997² shall be amended in accordance with the following paragraphs.

• (2) After article 9(1)(a)(iii) (proceedings to which fees under this Order do not apply), there shall be inserted the following:–

(iv) section 129 of the Consumer Credit Act 1974³; or

• (3) For the Table of Fees in Schedule 1 there shall be substituted the Table of Fees set out in the Schedule to this Order.

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–

• (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 1892⁵ is required does not exceed–

4

Commissary copying and extracting

• (1) Issuing certificate of confirmation

• (a) if ordered when lodging inventory-each certificate

5

Application under section 4 of the Requirements of Writing (Scotland) Act 1995⁶

6

Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

Actions of divorce (other than simplified divorce application)

7

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

Simplified divorce application

8

Simplified divorce application (inclusive of all procedures other than those specified at paragraphs 31 and 32 of this Table)

Summary warrants

9

Application for summary warrant

Bankruptcy proceedings

10

Petition for sequestration of estates

11

Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement

12

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985⁷

Service of heirs

13

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

Summary cause

14

Summons-summary cause (including small claim)–

• (a) Actions for payment of money less than £50

Miscellaneous

15

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

16

Caveat

Enforcement of UK judgments

17

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982⁸

Criminal Procedure

18

Complaint

Road Traffic Offenders Act 1988

19

Petition for removal of disqualification

Defender’s responses – non-divorce cases

20

First writ, reponing note or attendance to state a defence, or oppose an interim order in proceedings to which paragraph 6 of this Table applies, each defender or compearer

Defender’s responses – divorces

21

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

Civil court procedure

22

Fee to be paid by the pursuer on the lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 1993¹⁰

23

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

24

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

25

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

26

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

27

Fee to be paid on marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 14(d) of this Table)

28

Fee to be paid by the pursuer on the endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the Ordinary Cause Rules 1993

Bankruptcy (Scotland) Act 1985

29

Act and warrant of trustee

30

Application (written or oral) for discharge of trustee

Simplified divorce

31

In relation to a simplified divorce application, citation of, or intimation to, any person or persons by sheriff officer

32

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

33

Note in a liquidation or judicial factory

Sheriff court books

34

Recording protest of a bill or promissory note

35

Preservation of deeds, each deed

Miscellaneous office procedures

36

Lodging each set of plans or other Parliamentary deposit

37

Inspection of report of sale and the auditor of court’s report

38

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

• (a) Weekly for twelve months (payable in advance)

39

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

• (a) By manuscript or typescript per sheet or part thereof

40

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

• (a) For first half hour of time taken

41

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

• (1) auditor’s fee on lodging account for taxation

Signed

Henry B McLeish — Minister of State, Scottish Office — 4th March 1999

We concur,

Clive Betts — Bob Ainsworth — Two of the Lords Commissioners of Her Majesty’s Treasury — 8th March 1999

Explanatory note

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1997 (“the 1997 Order”). The Order specifies for proceedings in the sheriff court new fee levels in substitution for those applicable since 1st April 1997. Many fee levels remain unchanged and the increases represent an average of 2.5%.

The Order also amends article 9 of the 1997 Order (proceedings to which fees under this Order do not apply). The effect of that amendment is to include in the list of those applications to which the fees regulated by the Order do not apply in paragraph (1)(a) of article 9, an application under section 129 of the Consumer Credit Act 1974 (time orders) (article 2(2)).

Footnotes