The Sheriff Court Fees Amendment Order 2009

Citation and commencement

1.—(1) This Order may be cited as the Sheriff Court Fees Amendment Order 2009 and, subject to paragraph (2), comes into force on 1st April 2009.

(2) Article 2(7)(b) comes into force on 6th April 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”.

Amendment of the Sheriff Court Fees Amendment Order 2008

3.—(1) The Table of Fees(5) in Schedule 2 to the Sheriff Court Fees Amendment Order 2008(6) (“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(8)
5A.  Application for European order for payment	80	75

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

(a) after “including small claim” the words “and European small claim procedure(9)”; 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”.

4.—(1) The Table of Fees in Schedule 3(7) to 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
5A.  Application for European order for payment	80	75

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

(a) after “including small claim” the words “and European small claim procedure(10)”; and

(b) at the end of sub-paragraph (a) after “£200” the words “(or 250 euros for European Small Claims(11))”.

(4) At paragraph 25(a)–

(i) in column 2, for “75” substitute “80”; and

(ii) in column 3, for “75” substitute “80”.

(5) At paragraph 33, in column 1, for “37” substitute “38”.

(6) 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)”.

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

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

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

5th March 2009