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The Sheriff Court Fees Amendment Order 2008

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

SCHEDULE 2TABLE OF FEES

This schedule has no associated Executive Note

Fees payable from 1st April 2009

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

1515

2.  Sealing up repositories or the like, per hour

2525

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

195190

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

195190

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

195190

(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 payableThe 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

55

(b)If ordered subsequent to lodging inventory–

(i)first certificate including search fee

1515

(ii)each subsequent certificate

55

(2) Copy or duplicate confirmation–

(a)if ordered when lodging inventory

1010

(b)if ordered subsequent to lodging inventory–

(i)first duplicate including search fee

2020

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

1010

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

(a)if ordered when lodging inventory

2020

(b)if ordered subsequent to lodging inventory–

(i)first certified extract including search fee

3030

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

2020

(4) Copy will–

(a)if ordered when lodging inventory

55

(b)if ordered subsequent to lodging inventory–

(i)first copy including search fee

1515

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

55
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

8075

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)

120120

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)

9090

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

10plus sheriff officer’s fee10plus sheriff officer’s fee

9.  Subsequent application upon change of circumstances by party

2525

Summary warrant

10.  Application for summary warrant

6055

Bankruptcy

11.  Petition for sequestration of estates

9590

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

3025

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

4545

14.  Act and warrant of trustee

4035

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

3025

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

185180

17.  Issue of chancery extract

9085

Summary cause

18.  Summons summary cause (including small claim)–

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

1515

(b)other actions

6560

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

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

(d)on the marking of an appeal

4545

Criminal procedure

19.  Complaint

3025

Road Traffic Offenders Act 1988(4)

20.  Petition for removal of disqualification

7575

Miscellaneous

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

1515

22.  Caveat

3025

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

2020

24.  Note in a liquidation or judicial factory

3025

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

7575

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

120120
Civil court procedure
Payable by pursuer

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

9590

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

9590

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

4040

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)

9590

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

5555
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

4035

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

9590

Sheriff court books

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

2020

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

1010

Miscellaneous office procedures

35.  Lodging each set of plans or other Parliamentary deposit

6055

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

1510

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

280275

(b)twice weekly for twelve months

560545

(c)four times weekly for twelve months

1,1251,095

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

55

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

50.5050.50

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

55
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

1515

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

3535

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

1010

(d)In addition, correspondence fee where applicable

1010
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

3534

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

(a)up to £400

1918

(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 in Schedule 1 to this Order 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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