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Act of Sederunt (Fees of Sheriff Officers) 2016

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Scottish Statutory Instruments

2016 No. 100

Sheriff Court

Act of Sederunt (Fees of Sheriff Officers) 2016

Made

12th February 2016

Laid before the Scottish Parliament

16th February 2016

Coming into force

1st April 2016

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 106(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

Citation and commencement, etc.

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 2016.

(2) It comes into force on 1st April 2016.

(3) A certified copy 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(3) substitute the Table of Fees in the Schedule.

Savings

3.  Paragraph 2 does not affect the fees payable as respects any work carried out before 1st April 2016.

CJM SUTHERLAND

Lord President

Edinburgh

I.P.D.

12th February 2016

Paragraph 2

SCHEDULETABLE OF FEES

Column AColumn B
Item££

1.  Service or intimation of a document

(a)

Service

(i)

each person at a different address

50.7079.10
(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

11.0517.85
(b)

Postal service

15.5026.25
(c)

Postal diligence

24.0539.45

2.  Inhibitions

(a)

Inhibitions only

(i)

each person at a different address

65.35101.15
(ii)

each additional person at the same address

21.0532.55
(b)

Inhibition and service

(i)

each person at a different address

76.30117.85
(ii)

each additional person at the same address

33.1551.20
(c)

Inhibition, service and interdict

(i)

each person at a different address

195.75
(ii)

each additional person at the same address

83.30

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

147.80
(ii)

each additional person at the same address

32.55
(b)

Interdict and service

(i)

each person at a different address

166.15
(ii)

each additional person at the same address

50.60

4.  Attachments

(a)

Service notice of entry

7.2511.20
(b)

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

57.2583.80
(c)

Arranging and executing attachment where appraised value is—

(i)

£690 or under

98.0598.05
(ii)

over £690 and up to £2,773

152.00152.00
(iii)

over £2,773 and up to £27,922 – 10% of the appraised value

(iv)

over £27,922 and up to £139,601 – 10% of the first £27,922, 5% thereafter

(v)

over £139,601 – 10% of the first £27,922 5% thereafter up to £139,601 and 1% thereafter

(d)

Reporting attachment

9.309.30

5.  Attachment of motor vehicles, heavy plant or machinery

(a)

Arranging and executing attachment where appraised value is—

(i)

£690 or under

98.0598.05
(ii)

over £690 and up to £3,067

152.00152.00
(iii)

over £3,067 and up to £139,601 – 5% of the appraised value

(iv)

over £139,601 – 5% of the first £139,601 and 1% thereafter

(b)

Reporting attachment

9.309.30

6.  Money attachments under the Act of 2007

(a)

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

57.2583.80
(b)

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

(i)

£690 or under

98.0598.05
(ii)

over £690 and up to £2,773

152.00152.00
(iii)

over £2,773 and up to £27,922 – 10% of the value

(iv)

over £27,922 and up to £139,601 – 10% of the first £27,564 5% thereafter

(v)

over £139,601 – 10% of the first £27,922, 5% thereafter up to £139,601 and 1% thereafter

(c)

Reporting attachment

9.309.30

7.  Auctions

(a)

Arranging auction, preparing advertisement and giving public notice

24.2524.25
(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

53.3580.05
(d)

Officer and witness attending auction

147.80147.80

8.  Ejections

(a)

Arranging ejection

53.3580.05
(b)

Arranging and executing ejection

109.55124.25

9.  Taking possession of effects

(a)

Arranging possession

53.3580.05
(b)

Arranging and effecting possession

109.55147.80

10.  Apprehensions

(a)

Arranging apprehension

80.05
(b)

Arranging and apprehending

147.80

11.  Uplifting children

(a)

Arranging uplift

80.05
(b)

Uplifting of each child

147.80

12.  Arresting vessels, aircraft and cargo

(a)

Arranging to arrest

53.3580.05
(b)

Arranging and effecting arrestment

134.55244.60

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

18.6018.60
(b)

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

9.309.30
(c)

Arranging locksmith or tradesman to be in attendance

5.955.95
(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

18.6018.60
(e)

Executing warrant to open lockfast places

18.6018.60
(f)

Time

(i)

with witness – £29.80 per unit

(ii)

without witness – £22.20 per unit

(g)

Photocopies

(i)

first page of document – £2.10

(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.

The fee levels in the new Table of Fees represent an increase of 1.3% on the existing fees. This increase takes effect from 1st April 2016.

(1)

2013 asp. 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).

(3)

S.S.I. 2002/567, last amended by S.S.I. 2013/345.

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