The Sheriff Court Fees Amendment Order 2003

Scottish Statutory Instruments

2003 No. 97

SHERIFF COURT

The Sheriff Court Fees Amendment Order 2003

Made

18th February 2003

Laid before the Scottish Parliament

21st February 2003

Coming into force

12th March 2003

The Scottish Ministers, in exercise of the powers conferred by section 2 of the Courts of Law Fees (Scotland) Act 1895(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Sheriff Court Fees Amendment Order 2003, and shall come into force on 12th March 2003.

(2) In this Order “the 1997 Order” means the Sheriff Court Fees Order 1997(2).

Amendment of the 1997 Order

2.—(1) The 1997 Order is amended in accordance with paragraphs (2) and (3).

(2) At the end of article 9(2) insert “or the Debt Arrangement and Attachment (Scotland) Act 2002(3)”.

(3) In column 1 of paragraph 37 of Schedule 1 (Table of Fees) for “sale” substitute “auction”.

Savings

3.  The provisions set out in paragraph 37 of Schedule 1 to the 1997 Order shall continue to have effect in respect of the fee payable for an inspection of a report of sale and auditor of court’s report until 1st June 2003.

JAMES WALLACE

A member of the Scottish Executive

St Andrew’s House, Edinburgh

18th February 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1997 (“the 1997 Order”).

Article 2 amends the 1997 Order so that:–

(a) the fees that would otherwise be payable under the 1997 Order are not due from a debtor or creditor in proceedings under the Debt Arrangement and Attachment (Scotland) Act 2002 (“the 2002 Act”);

(b) a fee for inspecting a report of auction and auditor of court’s report following an attachment and auction under the 2002 Act is substituted for the fee for inspecting a report of sale and auditor of court’s report following a poinding and sale under the Debtors (Scotland) Act 1987 (“the 1987 Act”).

Article 3 makes a saving which permits the charging of the fee for inspecting a report of sale and auditor of court’s report during the transitional period, provided for by the 2002 Act, during which sales under the 1987 Act are still competent.

(1)

1895 c. 14. Section 2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), section 4, and amended by S.I. 1999/1820 which repealed the requirement to obtain treasury consent. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of the Scotland Act 1998 (c. 46), section 53.

(2)

S.I. 1997/687, amended by S.I. 1999/754 and S.S.I. 2002/269. The table of fees was substituted by S.S.I. 2002/269.

(3)

2002 asp 17.