The Sheriff Court Fees Amendment Order 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.