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Act of Sederunt (Fees of Sheriff Officers) 2007

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Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 2007 and shall come into force on 14th January 2008.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees

2.—(1) Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002(1) is amended in accordance with subparagraphs (2) to (4).

(2) After general regulation 1, insert–

1A.  Column A of the Table of Fees specifies the fees payable in relation to–

(a)a summary cause commenced before 14th January 2008; and

(b)a summary cause commenced on or after that date where the value of the claim when the cause is commenced is £1,500 or less (exclusive of interest and expenses).

1B.  A summary cause falling within paragraph (c) of section 35(1) of the Sheriff Courts (Scotland) Act 1971 (actions ad factum praestandum and actions for the recovery of possession of heritable or moveable property)(2) falls within paragraph (b) of general regulation 1A where it contains no additional or alternative crave for decree for payment of money or where the value of such crave is £1,500 or less (exclusive of interest and expenses).

1C.  Column B of the Table of Fees specifies the fees payable in relation to–

(a)a summary cause not falling within general regulation 1A; and

(b)an ordinary cause.

(3) In general regulation 15, for “in the Table of Fees for ordinary causes” substitute “column B of the Table of Fees”.

(4) For the Table of Fees substitute the Table of Fees in the Schedule to this Act of Sederunt.

(5) This paragraph is subject to paragraph 3.

Application and saving provision

3.  Paragraph 2 shall apply to work carried out by a sheriff officer on or after 14th January 2008 but shall not affect the fees payable as respects any work so carried out before that date.

A C HAMILTON

Lord President, I.P.D.

Edinburgh

5th December 2007

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