The Sheriff Court Fees Amendment Order 2009

Amendment of the Sheriff Court Fees Order 1997

2.—(1) The Sheriff Court Fees Order 1997(1) is amended in accordance with the following paragraphs.

(2) In article 2(3), for “22, 23 and 28” substitute “26, 27 and 30”.

(3) In article 4(1), for “1, 6 to 8, 14, 20 and 21” substitute “1, 5 to 7, 18 and 25”.

(4) Article 4(2) is amended as follows–

(a) for “11 and 30” substitute “12 and 15”; and

(b) for “11” when it occurs the second time substitute “12”.

(5) In article 4(3), for “6” substitute “5”.

(6) In articles 5(1) and 5(2), for “6 and 20” substitute “5 and 25”.

(7) Article 7 (exemption of certain persons from fees)(2) is amended as follows–

(a) at the end of paragraph (f), omit “or”;

(b) in paragraph (g), for “£16,017” substitute “£16,642”(3); and

(c) after paragraph (g), insert–

• “; or

  (h)

  the person or his or her partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(4).”.

(8) In article 8, for “the fee payable in respect of an inventory of that estate under paragraph 3(a), (b) or (c) of the Table of Fees will, where that fee would amount to more than £2.00, be restricted to £2.00” substitute “there will be no fee payable in respect of the inventory of that estate under paragraph 3(a), (b) or (c) of the Table of Fees.”.

(9) In article 9(2), for “37” substitute “36”.

(10) In article 10, for “14(d), 22 to 25, 27 and 28” substitute “18(d), 26 to 29, 30 and 32”.

(1)

S.I. 1997/687 as amended by S.I. 1999/754, S.S.I. 2002/269, S.S.I. 2003/97, S.S.I. 2007/318 and S.S.I. 2008/239.

(2)

Article 7 was substituted by S.S.I. 2007/318, article 2(3), and replaced by S.S.I. 2008/239, article 2(2).

(3)

The original threshold for exemption from court fees for those in receipt of working tax credit was an annual gross income of £16,017 which was inserted into the Sheriff Court Fees Order 1997 by S.S.I. 2007/318, article 2(3).

(4)

2007 c. 5. Section 1 of that Act which introduced the new benefit, the income-related employment and support allowance, was brought into force on 27th October 2008 by the Welfare Reform Act 2007 (Commencement No. 6 and Consequential Provisions) Order 2008 (S.I. 2008/787), article 2(4)(a).