Search Legislation

Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Paragraph 2

SCHEDULE 1

GENERAL REGULATIONS

1.  Subject to the following paragraphs, the fees payable to a sheriff officer in relation to an ordinary cause or a summary cause, as the case may be, shall be calculated in accordance with the Table of Fees in this Schedule and shall be payable in respect of (a) all forms of service or intimation of a document, citation of a person or execution of diligence and all other work authorised by the court and (b) recovery of rates, charges or taxes by summary warrant, any of which is executed by a sheriff officer during the normal business hours of 9.00am to 5.00pm.

2.  Fees in relation to service or intimation of a document, citation of a person or diligence which, of necessity, is executed outwith normal business hours shall be surcharged by the levying of an additional fee of–

(a)331/3 per cent of the fee specified in the Table of Fees, where it is executed on a week day between the hours of 5.00pm and 10.00pm; and

(b)75 per cent of the fee specified in the Table of Fees, where it is executed on a week day after 10.00pm or before 9.00am or on a Saturday, Sunday or a public holiday.

3.—(1) There shall be three bands of charge in the Table of Fees in accordance with which fees shall be payable.

(2) The three band of charges shall be–

(a)Band 1 – up to 12 miles;

(a)Band 2 – over 12 miles and up to 18 miles; and

(c)Band 3 – over 18 miles

(3) A fee is payable in respect of one band of charge only for any item.

(4) Unless by special arrangement between a sheriff officer and the instructing agent, the bands of charge shall be calculated according to the distance between the court house where the warrant was granted and the place of execution or the distance from the place of business of the nearest sheriff officer within the Sheriff Court district to the place of execution, whichever is the lesser.

4.  An additional fee may be negotiated between a sheriff officer and the instructing agent by prior agreement in the following circumstances–

(a)where the sheriff officer is standing by awaiting the delivery or uplifting of a document for immediate service;

(a)where the sheriff officer has to instruct an huissier or other officer of court outwith Scotland to serve a document; or

(c)where there is no prescribed fee and the importance, urgency and value of the work involved necessitates an additional fee.

5.  All reasonable outlays, excluding postage, but including any recorded delivery cost exclusive of postage in respect of items 1(b) and 1(c) in the Table of Fees, necessarily incurred by a sheriff officer in carrying out lawful instructions shall be charged in addition to a fee specified in the Table of Fees in this schedule.

6.  Every fee note rendered by a sheriff officer shall be so detailed that the fees charged by him may be easily checked against the Table of Fees; and any fees agreed under paragraph 4 above and any allowable outlays shall be clearly narrated as such. The fee note shall be reviewed by the sheriff officer to ensure that it is fair and reasonable in the circumstances and shall be adjusted by him if necessary.

7.  Discounting of fees is permitted only between sheriff officers.

8.  Any restriction or modification made by a sheriff officer of fees recoverable from a person shall be passed on to that person only.

9.  Time will be charged in units of 30 minutes or part thereof; and, in respect of the following items in the Table of Fees, shall apply from the end of the first hour at the place of execution until completion: 2.5(c), 6(b)(i) and (ii), 7(b), 8(b), 9(b), 10(b) and 11(b).

10.  Where a sheriff officer has to use a ferry, he and any witness shall be allowed the necessary cost of the ferry, all reasonable subsistence and the time for boarding, crossing and returning, which shall be charged on a time basis.

11.  Where a sheriff officer is required to attend before a notary public, commissioner or other person or as a witness, a fee for such attendance by the sheriff officer and any other witness shall be chargeable on a time basis.

12.  Where enquiries are necessary in order to execute service, intimation, citation, diligence or any other work authorised by the court, a fee for such enquiries shall be chargeable on a time basis.

13.  Where personal service is to be carried out under item 1(a)(i) in the Table of Fees and more than one visit is required, each additional visit shall be charged at 50 per cent of the fee specified in that item.

14.—(1) Where, in an attachment, the appraised value of an article exceeds the sum recoverable, the fee specified in the Table of Fees in this schedule shall be calculated in accordance with the sum recoverable and not the appraised value.

(2) Where, in an attachment, a debtor or other occupier of the premises claims that goods are subject to a hire purchase agreement or are otherwise the property of someone other than the debtor, but refuses or is unable to produce evidence to that effect, the sheriff officer may attach the goods and shall add a note on the schedule of the attachment stating that the debtor has claimed that goods are subject to a hire purchase agreement or are otherwise the property of someone other than the debtor, as the case may be.

15.  The fees payable to a sheriff officer in respect of recovery of rates, charges or taxes by summary warrant shall be calculated in accordance with the fees specified in the Table of Fees for ordinary causes.

16.  A sheriff officer supplying services to any other person in respect of which fees are payable to him under this Schedule shall–

(a)if he is a taxable person within the meaning of the Value Added Tax Act 1983; and

(a)if the supply is a taxable supply within the meaning of that Act,

make charges to that person in addition to the charges in respect of that fee, being such additional charge as amounts to the value-added tax payable under the Act in respect of the supply of those services.

17.  In this Schedule, unless the context otherwise requires–

“the Act of 1987” means the Debtors (Scotland) Act 1987 (c. 18);

“the Act of 2002” means the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17);

“apprehension” means apprehending, detaining and taking to and from court or prison;

“arranging” means accepting instructions, checking for competency, reserving time, advising instructing agent, making all necessary arrangements, intimation and service (where necessary) prior to execution;

“possession” means searching, taking possession and delivery;

“postal diligence” means service of any diligence, which may be served by post, by registered post or the first class recorded delivery service;

“postal service” means service or intimation by registered post or the first class recorded delivery service;

“service” means service or intimation of any document under a rule of court or an order of the court and includes accepting instructions, preparation, postage and service or intimation of any ancillary form or other ancillary document.

(2) TABLE OF FEES PAYABLE TO SHERIFF OFFICERS

ItemSummary CauseOrdinary Cause
Band 1Band 2Band 3Band 1Band 2Band 3
££££££

1.  Service or intimation of a document

(a)Service

(i)each person at a different address

£23.25£35.90£46.50£38.05£55.90£72.90

(ii)each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 and the Act of 2002

£7.80£7.80£7.80£12.70£12.70£12.70

(b)Postal service

£11.25£11.25£11.25£18.80£18.80£18.80

(c)Postal diligence

£17.20£17.20£17.20£28.20£28.20£28.20

2.  Interdicts

(a)Interdict only

(i)each person at a different address

£104.65£104.65£104.65

(ii)each additional person at the same address

£23.00£23.00£23.00

(b)Interdict and service

(i)each person at a different address

£117.50£117.50£117.50

(ii)each additional person at the same address

£35.80£35.80£35.80

3.  Attachments

(a)Serving notice of entry

£5.15£5.15£5.15£7.90£7.90£7.90

(b)Arranging attachment and endeavouring but being unable to execute same for whatever reason

£40.50£40.50£40.50£59.25£59.25£59.25

(c)Arranging and executing attachment where appraised value is–

(i)£488 or under

£69.40£69.40£69.40£69.40£69.40£69.40

(ii)Over £488 and up to £1,961

£107.55£107.55£107.55£107.55£107.55£107.55

(iii)Over £1,961 and up to £19,754 – 10% of the appraised value

(iv)Over £19,754 and up to £98,757 – 10% of the first £19,754, 5% there-after

(v)Over £98,757 – 10% of the first £19,754, 5% there– after up to £98,757 and 1% thereafter

(d)Reporting attachment

£6.65£6.65£6.65£6.65£6.65£6.65

4.  Attachment of motor vehicles, heavy plant or machinery

(a)Arranging and executing attachment where appraised value is–

(i)£488 or under

£69.40£69.40£69.40£69.40£69.40£69.40

(ii)Over £488 and up to £2,170

£107.55£107.55£107.55£107.55£107.55£107.55

(iii)Over £2,170 and up to £98,757 – 5% of the appraised value

(iv)Over £98,757 – 5% of the first £98,757 and 1% there-after

(b)Reporting attachment

£6.65£6.65£6.65£6.65£6.65£6.65

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

£37.70£37.70£37.70£56.60£56.60£56.60

(b)Arranging and effecting sequestration where the appraised value is–

(i)£488 or under

£66.60£66.60£66.60

(ii)Over £488 and up to £1961

£104.65£104.65£104.65

(iii)Over £1,961 as 3(c)(iii) above

(c)Arranging and effecting ordinary sequestration or poinding of the ground

£104.65£104.65£104.65

(d)Service – as in item 1(a) or (b)above, as the case may be

6.  Auctions

(a)(i)Arranging auction, preparing advertisement and giving public notice

£17.15£17.15£17.15£17.15£17.15£17.15

(ii)intimating the place and date of auction and if necessary the date of removal of attached effects, as in item 1(a) or (b) above, as the case may be

(b)(i)Officer and witness attending auction but auction not executed for whatever reason

£37.70£37.70£37.70£56.60£56.60£56.60

(ii)Officer and witness attending auction

£104.65£104.65£104.65£104.65£104.65£104.65

7.  Ejections

(a)Arranging ejection

£37.70£37.70£37.70£56.60£56.60£56.60

(b)Arranging and executing ejection

£77.45£77.45£77.45£87.90£87.90£87.90

8.  Taking possession of effects

(a)Arranging possession

£37.70£37.70£37.70£56.60£56.60£56.60

(b)Arranging and effecting possession

£77.45£77.45£77.45£104.65£104.65£104.65

9.  Apprehensions

(a)Arranging apprehension

£56.60£56.60£56.60

(b)Arranging and apprehending

£104.65£104.65£104.65

10.  Taking possession of children

(a)Arranging to take possession

£56.60£56.60£56.60

(b)Arranging and taking possession of each child

£104.65£104.65£104.65

11.  Arresting vessels, aircraft and cargo

(a)Arranging to arrest

£37.70£37.70£37.70£56.60£56.60£56.60

(b)Arranging and effecting arrestment

£95.15£95.15£95.15£173.00£173.00£173.00

12.  Miscellaneous

(a)To making any report or application under the Act of 1987 and the Act of 2002 with exception of reporting an attachment

£13.10£13.10£13.10£13.10£13.10£13.10

(b)To granting any receipt required to be issued under the Act of 1987 and the Act of 2002

£6.65£6.65£6.65£6.65£6.65£6.65

(c)To arranging locksmith or tradesman to be in attendance

£4.25£4.25£4.25£4.25£4.25£4.25

(d)To granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor

£13.10£13.10£13.10£13.10£13.10£13.10

(e)Executing warrant to open lockfast places

£13.10£13.10£13.10£13.10£13.10£13.10

(f)Time

(i)with witness – £21.05 per unit

(ii)without witness – £15.70 per unit

(g)Photocopies

(i)first page of document – £1.50

(ii)subsequent pages – per page – £0.70

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources