The Sheriff Appeal Court Fees Order 2018

Citation, commencement and effect

1.—(1) This Order may be cited as the Sheriff Appeal Court Fees Order 2018 and, subject to paragraphs (2) and (3), comes into force on 25th April 2018.

(2) Article 2(1)(b) and schedule 2 come into force, and article 2(1)(a) and schedule 1 cease to have effect, on 1st April 2019.

(3) Article 2(1)(c) and schedule 3 come into force, and article 2(1)(b) and schedule 2 cease to have effect, on 1st April 2020.

Fees payable in the Sheriff Appeal Court

2.—(1) Subject to paragraph (3) and articles 3 to 6—

(a) the fees payable in the Sheriff Appeal Court in respect of the matters specified in column 1 of the Table of Fees in schedule 1 (table of fees payable from 25th April 2018) are the fees specified in relation to those matters in column 2 of that Table;

(b) the fees payable in the Sheriff Appeal Court in respect of the matters specified in column 1 of the Table of Fees in schedule 2 (table of fees payable from 1st April 2019) are the fees specified in relation to those matters in column 2 of that Table; and

(c) the fees payable in the Sheriff Appeal Court in respect of the matters specified in column 1 of the Table of Fees in schedule 3 (table of fees payable from 1st April 2020) are the fees specified in relation to those matters in column 2 of that Table.

(2) The fees payable under this Order are to be paid to the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court.

(3) The fees provided for by this Order are not payable by the Crown in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.

(4) No act is required of the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court in connection with a matter specified in relation to any fee prior to—

(a) the payment of that fee; or

(b) an arrangement being entered into for payment of that fee.

Exemption of certain persons from fees: legal aid

3.  A fee specified by this Order is not payable by a person if—

(a) the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986(1) in respect of the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable;

(b) the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application; or

(c) the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable on the basis of any regulations made under section 36(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.

Exemption of certain persons from fees: social security

4.—(1) A fee specified by this Order is not payable by a person if—

(a) the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992(2);

(b) the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995(3);

(c) the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002(4);

(d) the person or the person’s partner is in receipt of working tax credit, provided that—

(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002(5)) which includes the party; or

(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £18,000 or less;

(e) the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(6);

(f) the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012(7); or

(g) the person or the person’s partner has, within the period of 3 months prior to the date the specified fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 2015(8).

(2) In this article, “partner” means a person to whom a person is married or with whom the person is in a civil partnership.

Exemptions relating to particular proceedings

5.—(1) The fees provided for by this Order do not apply to any appeal to the Sheriff Appeal Court under or by virtue of the Children’s Hearings (Scotland) Act 2011(9).

(2) The fees provided for by this Order do not apply to a debtor or creditor in any appeal to the Sheriff Appeal Court under the Debtors (Scotland) Act 1987(10) or the Debt Arrangement and Attachment (Scotland) Act 2002(11).

Exemptions for applicants for certain interdicts and orders

6.  The fees provided for by this Order are not payable by the applicant in any appeal in connection with proceedings in respect of which the applicant would not be required to pay fees in the sheriff court by virtue of article 12(1) of the Sheriff Court Fees Order 2018(12) (exemptions for applicants for certain interdicts and orders).

Revocation

7.  The Sheriff Appeal Court Fees Order 2015(13) is revoked.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2018