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The Court Fees (Miscellaneous Amendments) (Scotland) Order 2016

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TABLES OF FEES

Payable from 28th November 2016
Column 1Column 2Column 3
(Matters)(Fee Payable)(Fee Formerly Payable)(1)
££
PART I — COMMISSARY PROCEEDINGS
1. Petition for—
(a)

appointment of executor;

1818
(b)

restriction of caution;

1818
(c)

special warrant;

1818
(d)

sealing up of repositories or the like;

1818
(e)

appointment of Commissary factor.

1818
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree)
2. Sealing up repositories or the like, per hour.3030
3.
(a)

Receiving and examining inventory of estate, except where sub-paragraph (b) or (c) of this paragraph applies—

(i)

where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—

£50,000;No fee-(2)
£250,000;250-
(ii)

where the amount of the estate exceeds £250,000;

500-
(b)

receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa

(i)

where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed—

£50,000;No fee-
£250,000;250-
(ii)

where the amount of the estate exceeds £250,000;

500-
(c)

Receiving and examining inventory of estate where it is declared that confirmation is not required.

The fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payableThe fees payable are 50% of those specified in sub-paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub-paragraph (a) or (b) are payable
4. Commissary copying and extracting.
(1) Issuing certificate of confirmation—
(a)

if ordered when lodging inventory, each certificate;

77
(b)

if ordered subsequent to lodging inventory—

(i)

first certificate, including search fee;

1818
(ii)

each subsequent certificate.

77
(2) Copy or duplicate confirmation—1212
(a)

if ordered when lodging inventory;

(b)

if ordered subsequent to lodging inventory—

(i)

duplicate confirmation, including search fee;

2424
(ii)

each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).

1212
(3) Certified extract confirmation and will (if any)—2424
(a)

if ordered when lodging inventory;

(b)

if ordered subsequent to lodging inventory—

3636
(i)

certified extract, including search fee;

(ii)

each subsequent certified extract if ordered at the same time as the certified extract in head (i).

2424
(4) Copy will—77
(a)

if ordered when lodging inventory;

(b)

if ordered subsequent to lodging inventory—

1818
(i)

copy will, including search fee;

(ii)

each subsequent copy will if ordered at the same time as the copy will in head (i).

77

PART II — SHERIFF COURT

PROCEEDINGS

Initial Writ
5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee. (NOTE: fee covers issue of extract decree).12096
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.12096
Divorce and dissolution of civil partners
7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application). (NOTE: fee covers issue of extract decree).150150
Application for simplified divorce and simplified dissolution of civil partnership120113
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree).
9. Subsequent application upon change of circumstances by party.3030
Summary warrant7171
10. Application for summary warrant.
Bankruptcy113113
11. Petition for sequestration of estates or petition for recall of award of sequestration.
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016(3).5959
13. Application for the approval of composition.3636
Declarator and petitions for completion of title for the Sheriff of Chancery
14. Application for declarator and petition for completion of title to the Sheriff of Chancery.227227
15. Issue of chancery extract.107107
Summary cause/simple procedure
16. Summons for summary cause or claim form for simple procedure case (NOTE: includes European small claim procedure and fee covers issue of extract decree or issue of decision)—
(a)

actions for payment of money of £200 or less (or 250 euros for European small claims);

1818
(b)

other actions;

10078
(c)

on the marking of an appeal or the sending of an appeal form to the sheriff court.

5959
Criminal procedure3636
17. Complaint.
Road Traffic Offenders Act 19888989
18. Petition for removal of disqualification.
Miscellaneous1818
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.
20. Caveat.3636
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.2424
22. Note in a liquidation or judicial factory.3636
Defender’s responses
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
(a)

in proceedings to which paragraph 5 of this Table applies;

12096
(b)

in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).

150150
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).113113
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.113113
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.5454
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).227227
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.6666
Payable by any party (including pursuer)
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion).4848
30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).113113
Sheriff court books2424
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).
32. 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 36 of this Table).1212
Miscellaneous office procedures7171
33. Lodging each set of plans or other Parliamentary deposit.
34. Inspection of report of auction and the auditor of court’s report.1818
35. Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as appropriately included in the Ordinary Cause Rules, with the fees below payable in advance—346346
weekly for 12 months.
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (exclusive of search fee)—
(a)

by photocopying or otherwise producing a printed or typed copy—

(i)

up to 10 pages;

66
(ii)

each page or part thereof in excess of 10 pages;

0.500.50
(b)

for a copy of each document in electronic form.

66
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.—1212
In addition, correspondence fee where applicable.1212
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.12 plus sheriff officer’s fee12 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
(a)

lodging account for taxation.

4343
(b)

taxing accounts of expenses etc.

2020
(i)

up to £400;

(ii)

for every additional £100 or part thereof.

55
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
(c)

cancellation of diet of taxation—

50% of fee that would have been payable under sub-paragraph (b) of this paragraph50% of fee that would have been payable under sub-paragraph (b) of this paragraph
(i)

where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;

(ii)

where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.

75% of fee that would have been payable under sub-paragraph (b) of this paragraph75% of fee that would have been payable under sub-paragraph (b) of this paragraph
(1)

Column 3 shows the fees which were payable by virtue of Part 1 of schedule 2 of S.S.I. 2015/264 immediately before the coming into force of this schedule.

(2)

A different fee structure for item 3 has previously been applicable.

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