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The Sheriff Court Fees Amendment Order 2009

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Amendment of the Sheriff Court Fees Amendment Order 2008

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3.—(1) The Table of Fees(1) in Schedule 2 to the Sheriff Court Fees Amendment Order 2008(2) (“the 2008 Order”) is amended in accordance with the following paragraphs.

(2) After paragraph 5 insert the following matter (column 1) with the corresponding fee payable (column 2) and the fee formerly payable (column 3):–

European order for payment in terms of EU Regulation 1896/2006(3)

5A.  Application for European order for payment

8075

(3) At paragraph 18, in column 1, insert–

(a)after “including small claim” the words “and European small claim procedure(4)”; and

(b)at the end of sub-paragraph (a) after “£200” the words “(or 250 euros for European Small Claims)”.

(4) At paragraph 25(a), in column 2, for “75” substitute “80”.

(5) At paragraph 34, in column 1, for “Preservation of deeds, each deed (Note: Recording and extracting to be charged as in paragraph 38 of this Table)” substitute “Preservation of deeds, each deed (Note: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 38 of this Table)”.

(6) At paragraph 36, in column 1, for “sale” substitute “auction”.

(7) At paragraph 38(a), in column 1, for “by photocopying” substitute “by photocopying or otherwise producing a printed or typed copy”.

(1)

The original Table of Fees in Schedule 1 to the Sheriff Court Fees Order 1997 (S.I. 1997/687) was substituted by S.I. 1999/754, S.S.I. 2002/269, S.S.I. 2007/318 and S.S.I. 2008/239.

(2)

S.S.I. 2008/239. No amendment is required to schedule 1 to that Order as it ceases to have effect on 1st April 2009. Schedule 2 to that Order comes into force on 1st April 2009.

(3)

Regulation (EC) No. 1896/2006 of the European Parliament and of the Council of 12th December 2006 created a European order for payment procedure which came into force on 12th December 2008 (OJ L399, 30/12/06). The European Communities (European Order for Payment) (Scotland) Regulations 2009 (S.S.I. 2009/99 which comes into force on 6th April 2009) restricts the effect of this regulation to the sheriff court only in Scotland.

(4)

Regulation (EC) No. 861/2007 of the European Parliament and of the Council of 11th July 2007 established a European Small Claims Procedure which came into force on 1st January 2009 (OJ L199, 31/07/07). The reference to “European Small Claims” in article 3(3)(b) of this instrument is also a reference to claims under this procedure.

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