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Act of Sederunt (Fees of Sheriff Officers) 2013

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Scottish Statutory Instruments

2013 No. 345

Sheriff Court

Act of Sederunt (Fees of Sheriff Officers) 2013

Made

10th December 2013

Laid before the Scottish Parliament

12th December 2013

Coming into force

27th January 2014

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907(1), section 6 of the Execution of Diligence (Scotland) Act 1926(2) and of all other powers enabling them in that behalf(3), do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 2013 and comes into force on 27th January 2014.

(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of fees

2.  For the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002(4) substitute the Table of Fees in the Schedule to this Act of Sederunt.

Savings

3.  Paragraph 2 does not affect the fees payable as respects any work carried out before 27th January 2014.

BRIAN GILL

Lord President

I.P.D.

Edinburgh

10th December 2013

Paragraph 2

SCHEDULETABLE OF FEES

Column A

Column B

Item

£

£

1.  Service or intimation of a document

(a)

Service

(i)

each person at a different address

50.0578.10
(ii)

each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 and the Act of 2002

10.9017.60
(b)

Postal service

15.3025.90
(c)

Postal diligence

23.7538.95

2.  Inhibitions

(a)

Inhibitions only

(i)

each person at a different address

64.5099.85
(ii)

each additional person at the same address

20.8032.15
(b)

Inhibition and service

(i)

each person at a different address

75.30116.35
(ii)

each additional person at the same address

32.7050.55
(c)

Inhibition, service and interdict

(i)

each person at a different address

193.25
(ii)

each additional person at the same address

82.25

3.  Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. ( Scotland ) Act 2004)

(a)

Interdict only

(i)

each person at a different address

145.90
(ii)

each additional person at the same address

32.15
(b)

Interdict and service

(i)

each person at a different address

164.00
(ii)

each additional person at the same address

49.95

4.  Attachments

(a)

Service notice of entry

7.1511.05
(b)

Arranging attachment and endeavouring but being unable to execute the same for whatever reason

56.5082.70
(c)

Arranging and executing attachment where appraised value is—

(i)

£681 or under

96.8096.80
(ii)

over £681 and up to £2,737

150.05150.05
(iii)

over £2,737 and up to £27,564 – 10% of the appraised value

(iv)

over £27,654 and up to £137,809 – 10% of the first £27,564, 5% thereafter

(v)

over £137,809 – 10% of the first £27,564 5% thereafter up to £137,809 and 1% thereafter

(d)

Reporting attachment

9.209.20

5.  Attachment of motor vehicles, heavy plant or machinery

(a)

Arranging and executing attachment where appraised value is—

(i)

£681 or under

96.8096.80
(ii)

over £681 and up to £3,028

150.05150.05
(iii)

over £3,028 and up to £137,809 – 5% of the appraised value

(iv)

over £137,809 – 5% of the first £137,809 and 1% thereafter

(b)

Reporting attachment

9.209.20

6.  Money attachments under the Act of 2007

(a)

Arranging attachment and endeavouring but being unable to execute the same for whatever reason

56.5082.70
(b)

Arranging and executing attachment, including removal of attached money, where value of money is—

(i)

£681 or under

96.8096.80
(ii)

over £681 and up to £2,737

150.05150.05
(iii)

over £2,737 and up to £27,564 – 10% of the value

(iv)

over £27,564 and up to £137,809 – 10% of the first £27,564 5% thereafter

(v)

over £137,809 – 10% of the first £27,564, 5% thereafter up to £137,809 and 1% thereafter

(c)

Reporting attachment

9.209.20

7.  Auctions

(a)

Arranging auction, preparing advertisement and giving public notice

23.9523.95
(b)

Intimating the place and date of auction and if necessary the date of removal of attached effects – as in items 1(a) or (b) above, as the case may be

(c)

Officer and witness attending auction but auction not executed for whatever reason

52.6579.00
(d)

Officer and witness attending auction

145.90145.90

8.  Ejections

(a)

Arranging ejection

52.6579.00
(b)

Arranging and executing ejection

108.15122.65

9.  Taking possession of effects

(a)

Arranging possession

52.6579.00
(b)

Arranging and effecting possession

108.15145.90

10.  Apprehensions

(a)

Arranging apprehension

79.00
(b)

Arranging and apprehending

145.90

11.  Taking possession of a child

(a)

Arranging to take possession

79.00
(b)

Arranging and taking possession of each child

145.90

12.  Arresting vessels, aircraft and cargo

(a)

Arranging to arrest

52.6579.00
(b)

Arranging and effecting arrestment

132.80241.45

13.  Miscellaneous

(a)

Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment

18.3518.35
(b)

Granting any receipt required to be issued under the Act of 1987 or the Act of 2002

9.209.20
(c)

Arranging locksmith or tradesman to be in attendance

5.855.85
(d)

Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor

18.3518.35
(e)

Executing warrant to open lockfast places

18.3518.35
(f)

Time

(i)

with witness – £29.40 per unit

(ii)

without witness – £21.90 per unit

(g)

Photocopies

(i)

first page document – £2.05

(ii)

subsequent pages – per page £1.15

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

This Act of Sederunt substitutes a new Table of Fees for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002, by substituting a new Table of Fees.

The fee levels in the new Table of Fees represent an increase of 2.15% on the existing fees. This increase takes effect from 27th January 2014.

(1)

1907 c.51. Section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c.28, Schedule 1; the Secretaries of State Act 1926 c.18, section 1(3); the Administration of Justice (Scotland) Act 1933 c.41, Schedule; and the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c.12, Schedule 1, paragraph 7 and Schedule 2. Section 40 was renumbered as section 40(1), the proviso was repealed and section 40(2) was inserted by S.S.I. 2011/396.

(3)

The powers to make this Act of Sederunt are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). The Act of Sederunt is subject to the negative procedure by virtue of section 33(4) of that Act.

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