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The Sheriff Court Fees Amendment Order 2008

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Article 2(3)(a), as read with article 1

SCHEDULE 1TABLE OF FEES

This schedule has no associated Executive Note

Fees payable from 1st August 2008

Column 1Column 2Column 3
(Matters)(Fee Payable)(Fee Formerly Payable)(1)
££
PART I – COMMISSARY PROCEEDINGS

1.  Petition for–

(a)appointment of executor,

(b)restriction of caution,

(c)special warrant,

(d)sealing up of repositories or the like, or

(e)appointment of Commissary factor

1512

2.  Sealing up repositories or the like, per hour

2518

3.—(a) Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies–

(i)where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892(2) is required does not exceed–

  • £5,000

No feeNo fee
  • £50,000

19092

(ii)where the amount of the said estate exceeds £50,000

190129

(b)Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa

19092

(c)Receiving and examining inventory of estate where it is declared that confirmation is not required:

The fees payable shall be 50% of those specified in sub paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) shall be payable

4.  Commissary copying and extracting

(1) Issuing certificate of confirmation

(a)if ordered when lodging inventory each certificate

53

(b)if ordered subsequent to lodging inventory–

(i)first certificate including search fee

1511

(ii)each subsequent certificate

53

(2) Copy or duplicate confirmation–

(a)if ordered when lodging inventory

106

(b)if ordered subsequent to lodging inventory–

(i)first duplicate including search fee

2014

(ii)each subsequent duplicate if ordered at the same time as the first duplicate

106

(3) Certified extract confirmation and will (if any)–

(a)if ordered when lodging inventory

2014

(b)if ordered subsequent to lodging inventory–

(i)first certified extract including search fee

3021

(ii)each subsequent certified extract if ordered at the time of the first certified extract

2014

(4) Copy will–

(a)if ordered when lodging inventory

54

(b)if ordered subsequent to lodging inventory–

(i)first copy including search fee

1511

(ii)each subsequent copy, if ordered at the same time as the first copy

54
PART II – SHERIFF COURT PROCEEDINGS

Initial Writ

5.  Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

7557

Divorce and dissolution of civil partners

6.  Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application)

12092

Application for Simplified Divorce and simplified dissolution of civil partnership

7.  Any application (inclusive of all procedures other than those specified at paragraphs 8 and 9)

9070

8.  Citation of, or intimation to, any person or persons by sheriff officer

10 plus sheriff officer’s fee10 plus sheriff officer’s fee

9.  Subsequent application upon change of circumstances by party

2519

Summary warrant

10.  Application for summary warrant

5544

Bankruptcy

11.  Petition for sequestration of estates

9071

12.  Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement

2521

13.  Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985(3)

4536

14.  Act and warrant of trustee

3529

15.  Application (written or oral) for discharge of trustee

2521

Declarator and Petitions for completion of title for the Sheriff of Chancery

16.  Applications for Declarator and Petitions for completion of title to the Sheriff of Chancery

180142

17.  Issue of chancery extract

8568

Summary cause

18.  Summons summary cause (including small claim)–

(a)actions for payment of money less than £200

158 (action for payment up to £50)

(b)other actions

6044

(c)in relation to a small claim summons, citation of, or intimation to, any party by sheriff officer

10 plus sheriff officer’s fee29

(d)on the marking of an appeal

4536

Criminal procedure

19.  Complaint

2521

Road Traffic Offenders Act 1988(4)

20.  Petition for removal of disqualification

7557

Miscellaneous

21.  Application under section 4 of the Requirements of Writing (Scotland) Act 1995 (5)

1512

22.  Caveat

2521

23.  Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982(6)

2015

24.  Note in a liquidation or judicial factory

2521

Defender’s responses

25.  First writ, reponing note or attendance to state a defence, or oppose an interim order (fee payable by each defender or compearer)

(a)in proceedings to which paragraph 5 of this Table applies

7557

(b)in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership)

12092
Civil court procedure
Payable by pursuer

26.  Lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 1993(7)

9071

27.  Lodging of a certified closed record under the additional procedure of the said Rules

9071

28.  Fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

4032

29.  For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (not payable if the proof, debate or hearing does not proceed on that day)

9071

30.  Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the said Rules

5542
Payable by any party(including pursuer)

31.  Lodging of a written motion or minute; and the lodging of any written opposition to any such motion or minute

3529

32.  Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 18(d) of this Table)

9071

Sheriff court books

33.  Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 38 of this Table.)

2015

34.  Preservation of deeds, each deed (NOTE: Recording and extracting to be charged as in paragraph 38 of this Table)

106

Miscellaneous office procedures

35.  Lodging each set of plans or other Parliamentary deposit

5544

36.  Inspection of report of sale and the auditor of court’s report

1010

37.  Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests, of relevant court records as allowed by appropriate said Rules as amended, with the fees below payable in advance–

(a)weekly for twelve months

275215

(b)twice weekly for twelve months

545427

(c)four times weekly for twelve months

1,095858

38.  Recording, engrossing, extracting or copying of all documents except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 39 of this Table)

(a)by photocopying–

(i)Up to 10 pages

5

(ii)Each page or part thereof (in excess of 10 pages)

50.500.20

(b)for a copy of a document on a computer disc or in other electronic form

53
NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 38(a)

39.  Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table–

(a)up to 30 minutes

158

(b)for more than 30 minutes up to 2 hours

3515

(c)for each additional 30 minutes (in excess of 2 hours)

108

(d)In addition, correspondence fee where applicable

108
PART III – AUDITOR OF COURT

40.  For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation–

(1) auditor’s fee on lodging account for taxation

3434

(2) auditor’s fee for taxing accounts of expenses etc.

(a)up to £400

1818

(b)for every additional £100 or part thereof

55
NOTE: Fee to be determined by auditor of court on amount of account as submitted.

(3) fee for cancellation of diet of taxation–

(a)where written notice of cancellation received by receiving party within three working days of diet

50% of fee that would have been payable under sub-paragraph (2) of this paragraph50% of fee that would have been payable under sub-paragraph (2) of this paragraph

(b)where written notice of cancellation received by receiving party on the working day before or the day of the diet

75% of fee that would have been payable under sub paragraph (2) of this paragraph75% of fee that would have been payable under sub paragraph (2) of this paragraph
(1)

Column 3 shows the fees which were payable under S.S.I. 2007/318 immediately before the coming into force of this Schedule. Where there is no entry in column 3 but an entry in column 2, the matter is new or has been amended such that no direct comparison can be made with the fee formerly payable.

(6)

1982 c. 27; section 12 was amended by the Civil Jurisdiction and Judgments Act 1991 (c. 12), Schedule 2, paragraph 7 and section 18 was amended by the Insolvency Act 1985 (c. 65), Schedule 8, paragraph 36, the Insolvency Act 1986 (c. 45), Schedule 14, the Courts and Legal Services Act 1990 (c. 41), Schedule 16, paragraph 41, the Criminal Justice Act 1993 (c. 36), section 24, the Drug Trafficking Act 1994 (c. 37), Schedule 1, paragraph 6, the Criminal Justice (Scotland) Act 1995 (c. 20), Schedule 6, paragraph 183 and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c. 40), Schedule 4, paragraph 42.

(7)

See Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c. 51).

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