Scottish Statutory Instruments
SHERIFF COURT
Made
7th November 2003
Laid before the Scottish Parliament
11th November 2003
Coming into force
1st January 2004
1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 2003 and shall come into force on 1st January 2004.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
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) (No. 2) 2002(3) and shall apply to work carried out by a sheriff officer on or after 1st January 2004.
(2) Sub-paragraph (1) does not affect the fees payable as respects any work so carried out before the date mentioned in that sub-paragraph.
Cullen of Whitekirk
Lord President I.P.D.
Edinburgh
7th November 2003
Paragraph 2(1)
| Summary Cause | Ordinary Cause | |||||
|---|---|---|---|---|---|---|
| Item | Band 1 | Band 2 | Band 3 | Band 1 | Band 2 | Band 3 |
| £ | £ | £ | £ | £ | £ | |
1. Service or intimation of a document | ||||||
(a)Service | ||||||
(i)each person at a different address | 24.00 | 37.05 | 48.00 | 39.25 | 57.70 | 75.25 |
(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 | 8.05 | 8.05 | 8.05 | 13.10 | 13.10 | 13.10 |
(b)Postal service | 11.60 | 11.60 | 11.60 | 19.40 | 19.40 | 19.40 |
(c)Postal diligence | 17.75 | 17.75 | 17.75 | 29.10 | 29.10 | 29.10 |
2. Interdicts | ||||||
(a)Interdict only | ||||||
(i)each person at a different address | 108.00 | 108.00 | 108.00 | |||
(ii)each additional person at the same address | 23.75 | 23.75 | 23.75 | |||
(b)Interdict and service | ||||||
(i)each person at a different address | 121.25 | 121.25 | 121.25 | |||
(ii)each additional person at the same address | 36.95 | 36.95 | 36.95 | |||
3. Attachments | ||||||
(a)Serving notice of entry | 5.30 | 5.30 | 5.30 | 8.15 | 8.15 | 8.15 |
(b)Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 41.80 | 41.80 | 41.80 | 61.15 | 61.15 | 61.15 |
(c)Arranging and executing attachment where appraised value is– | ||||||
(i)£504 or under | 71.60 | 71.60 | 71.60 | 71.60 | 71.60 | 71.60 |
(ii)over £504 and up to £2,024 | 111.00 | 111.00 | 111.00 | 111.00 | 111.00 | 111.00 |
(iii)over £2,024 and up to £20,386 – 10% of the appraised value | ||||||
(iv)over £20,386 and up to £101,917 – 10% of the first £20,386, 5% thereafter | ||||||
(v)over £101,917 – 10% of the first £20,386, 5% thereafter up to £101,917 and 1% thereafter | ||||||
(d)Reporting attachment | 6.85 | 6.85 | 6.85 | 6.85 | 6.85 | 6.85 |
4. Attachment of motor vehicles, heavy plant or machinery | ||||||
(a)Arranging and executing attachment where appraised value is– | ||||||
(i)£504 or under | 71.60 | 71.60 | 71.60 | 71.60 | 71.60 | 71.60 |
(ii)over £504 and up to £2,239 | 111.00 | 111.00 | 111.00 | 111.00 | 111.00 | 111.00 |
(iii)over £2,239 and up to £101,917 – 5% of the appraised value | ||||||
(iv)over £101,917 – 5% of the first £101,917 and 1% thereafter | ||||||
(b)Reporting attachment | 6.85 | 6.85 | 6.85 | 6.85 | 6.85 | 6.85 |
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 | 38.90 | 38.90 | 38.90 | 58.40 | 58.40 | 58.40 |
(b)Arranging and effecting sequestration where the appraised value is– | ||||||
(i)£504 or under | 68.75 | 68.75 | 68.75 | |||
(ii)over £504 and up to £2,024 | 108.00 | 108.00 | 108.00 | |||
(iii)over £2,024 as 3(c)(iii) above | ||||||
(c)arranging and effecting ordinary sequestration or poinding of the ground | 108.00 | 108.00 | 108.00 | |||
(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 | 17.70 | 17.70 | 17.70 | 17.70 | 17.70 | 17.70 |
(ii)intimating the place and date of auction and if necessary the date of removal of attached effects – as in items 1(a) or (b) above, as the case may be | ||||||
(b)(i)Officer and witness attending auction but auction not executed for whatever reason | 38.90 | 38.90 | 38.90 | 58.40 | 58.40 | 58.40 |
(ii)Officer and witness attending auction | 108.00 | 108.00 | 108.00 | 108.00 | 108.00 | 108.00 |
7. Ejections | ||||||
(a)Arranging ejection | 38.90 | 38.90 | 38.90 | 58.40 | 58.40 | 58.40 |
(b)Arranging and executing ejection | 79.95 | 79.95 | 79.95 | 90.70 | 90.70 | 90.70 |
8. Taking possession of effects | ||||||
(a)Arranging possession | 38.90 | 38.90 | 38.90 | 58.40 | 58.40 | 58.40 |
(b)Arranging and effecting possession | 79.95 | 79.95 | 79.95 | 108.00 | 108.00 | 108.00 |
9. Apprehensions | ||||||
(a)Arranging apprehension | 58.40 | 58.40 | 58.40 | |||
(b)Arranging and apprehending | 108.00 | 108.00 | 108.00 | |||
10. Taking possession of children | ||||||
(a)Arranging to take possession | 58.40 | 58.40 | 58.40 | |||
(b)Arranging and taking possession of each child | 108.00 | 108.00 | 108.00 | |||
11. Arresting vessels, aircraft and cargo | ||||||
(a)Arranging to arrest | 38.90 | 38.90 | 38.90 | 58.40 | 58.40 | 58.40 |
(b)Arranging and effecting arrestment | 98.20 | 98.20 | 98.20 | 178.55 | 178.55 | 178.55 |
12. Miscellaneous | ||||||
(a)Making any report or application under the Act of 1987 or the Act of 2002 with the exception of reporting an attachment | 13.50 | 13.50 | 13.50 | 13.50 | 13.50 | 13.50 |
(b)Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | 6.85 | 6.85 | 6.85 | 6.85 | 6.85 | 6.85 |
(c)Arranging locksmith or tradesman to be in attendance | 4.40 | 4.40 | 4.40 | 4.40 | 4.40 | 4.40 |
(d)Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor | 13.50 | 13.50 | 13.50 | 13.50 | 13.50 | 13.50 |
(e)Executing warrant to open lockfast places | 13.50 | 13.50 | 13.50 | 13.50 | 13.50 | 13.50 |
(f)Time | ||||||
(i)with witness – £21.70 per unit | ||||||
(ii)without witness – £16.20 per unit | ||||||
(g)Photocopies | ||||||
(i)first page document – £1.55 | ||||||
(ii)subsequent pages – per page – £0.70 | ||||||
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Schedule to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002 (S.S.I. 2002/567) by increasing the fees payable to sheriff officers by 3.2% with effect from 1st January 2004.
1907 c. 51; section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c. 28, Schedule 1; the Secretaries of State Act 1926 c. 18, section 1(3); the Administration of Justice (Scotland) Act 1933 c. 41, Schedule; and the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c. 12, Schedule 1, paragraph 7 and Schedule 2.