The Sheriff Appeal Court Fees Order 2018

Scottish Statutory Instruments

2018 No. 82

Sheriff Appeal Court

The Sheriff Appeal Court Fees Order 2018

Made

23rd February 2018

Laid before the Scottish Parliament

27th February 2018

Coming into force in accordance with article 1

The Scottish Ministers make the following Order in exercise of the powers conferred by section 107(1) and (2) of the Courts Reform (Scotland) Act 2014(1) and all other powers enabling them to do so.

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(2) 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(3);

(b) the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995(4);

(c) the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002(5);

(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(6)) 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(7);

(f) the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 2012(8); 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(9).

(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(10).

(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(11) or the Debt Arrangement and Attachment (Scotland) Act 2002(12).

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(13) (exemptions for applicants for certain interdicts and orders).

Revocation

7.  The Sheriff Appeal Court Fees Order 2015(14) is revoked.

ANNABELLE EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

23rd February 2018

Article 2(1)(a)

SCHEDULE 1 TABLE OF FEES

Payable from 25th April 2018

Column 1	Column 2	Column 3
(Matters)	(Fee Payable) £	(Fee Formerly Payable)(15) £
1. 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.)	49	48
2. Fixing of a hearing—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules(16) (standard appeal procedure);	55	54
(b) under rule 27.2 (accelerated appeal procedure);	55	54
(c) under rule 28.13(3)(a) (application for a new jury trial);	55	54
(d) under rule 29.2(2) (appeal from summary cause);	55	54
(e) under rule 16.4(1) of the Simple Procedure Rules(17) (appeal from simple procedure case).	55	54
(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)
3. Lodging—
(a) an appeal in a cause other than a summary cause or simple procedure case;	116	113
(b) a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);	116	113
(c) an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;	116	113
(d) an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.	116	-
4. Hearing fee per day or part thereof (bench of 1) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	232	227(18)
(b) under rule 27.2;	232	227
(c) under rule 28.13(3)(a);	232	227
(d) under rule 29.2(2);	232	227
(e) under rule 16.4(1) of the Simple Procedure Rules.	232	227
5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	581	568(19)
(b) under rule 27.2;	581	568
(c) under rule 28.13(3)(a);	581	568
(d) under rule 29.2(2);	581	568
(e) under rule 16.4(1) of the Simple Procedure Rules.	581	568
6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
(a) by photocopying or otherwise producing a printed or typed copy—
(i) each document, up to 10 pages;	7	6
(ii) each further page or part thereof in excess of 10 pages;	0.5	0.5
(b) for a copy of each document in electronic form.	7	6
7. Any search of records or archives, per 30 minutes or part thereof.	13	12
In addition, correspondence fee where applicable.	13	12
8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
(a) lodging account for taxation;	44	43
(b) taxing accounts of expenses etc.—
(i) up to £400;	21	20
(ii) for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
(c) cancellation of diet of taxation—
(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;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
(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 paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

Article 2(1)(b)

SCHEDULE 2 TABLE OF FEES

Payable from 1st April 2019

Column 1	Column 2	Column 3
(Matters)	(Fee Payable) £	(Fee Formerly Payable)(20) £
1. 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.)	50	49
2. Fixing of a hearing—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure);	56	55
(b) under rule 27.2 (accelerated appeal procedure);	56	55
(c) under rule 28.13(3)(a) (application for a new jury trial);	56	55
(d) under rule 29.2(2) (appeal from summary cause);	56	55
(e) under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case).	56	55
(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)
3. Lodging—
(a) an appeal in a cause other than a summary cause or simple procedure case;	118	116
(b) a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);	118	116
(c) an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;	118	116
(d) an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.	118	116
4. Hearing fee per day or part thereof (bench of 1) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	237	232
(b) under rule 27.2;	237	232
(c) under rule 28.13(3)(a);	237	232
(d) under rule 29.2(2);	237	232
(e) under rule 16.4(1) of the Simple Procedure Rules.	237	232
5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	593	581
(b) under rule 27.2;	593	581
(c) under rule 28.13(3)(a);	593	581
(d) under rule 29.2(2);	593	581
(e) under rule 16.4(1) of the Simple Procedure Rules.	593	581
6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
(a) by photocopying or otherwise producing a printed or typed copy—
(i) each document, up to 10 pages;	7	7
(ii) each further page or part thereof in excess of 10 pages;	0.5	0.5
(b) for a copy of each document in electronic form.	7	7
7. Any search of records or archives, per 30 minutes or part thereof.	13	13
In addition, correspondence fee where applicable.	13	13
8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
(a) lodging account for taxation;	45	44
(b) taxing accounts of expenses etc.—
(i) up to £400;	21	21
(ii) for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
(c) cancellation of diet of taxation—
(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;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
(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 paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

Article 2(1)(c)

SCHEDULE 3 TABLE OF FEES

Payable from 1st April 2020

Column 1	Column 2	Column 3
(Matters)	(Fee Payable) £	(Fee Formerly Payable)(21) £
1. 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.)	51	50
2. Fixing of a hearing—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure);	57	56
(b) under rule 27.2 (accelerated appeal procedure);	57	56
(c) under rule 28.13(3)(a) (application for a new jury trial);	57	56
(d) under rule 29.2(2) (appeal from summary cause);	57	56
(e) under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case).	57	56
(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)
3. Lodging—
(a) an appeal in a cause other than a summary cause or simple procedure case;	120	118
(b) a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);	120	118
(c) an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;	120	118
(d) an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.	120	118
4. Hearing fee per day or part thereof (bench of 1) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	242	237
(b) under rule 27.2;	242	237
(c) under rule 28.13(3)(a);	242	237
(d) under rule 29.2(2);	242	237
(e) under rule 16.4(1) of the Simple Procedure Rules.	242	237
5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—
(a) under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;	605	593
(b) under rule 27.2;	605	593
(c) under rule 28.13(3)(a);	605	593
(d) under rule 29.2(2);	605	593
(e) under rule 16.4(1) of the Simple Procedure Rules.	605	593
6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—
(a) by photocopying or otherwise producing a printed or typed copy—
(i) each document, up to 10 pages;	7	7
(ii) each further page or part thereof in excess of 10 pages;	0.5	0.5
(b) for a copy of each document in electronic form.	7	7
7. Any search of records or archives, per 30 minutes or part thereof.	13	13
In addition, correspondence fee where applicable.	13	13
8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
(a) lodging account for taxation;	46	45
(b) taxing accounts of expenses etc.—
(i) up to £400;	21	21
(ii) for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
(c) cancellation of diet of taxation—
(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;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
(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 paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the fees payable in the Sheriff Appeal Court, to the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk, or the auditor of the Sheriff Appeal Court.

Article 2 and schedules 1 to 3 specify fee levels payable in the Sheriff Appeal Court in respect of certain matters.

• The fee levels for the period from 25th April 2018 until 31st March 2019 are given effect by the Table of Fees in schedule 1.

• The fee levels for the period from 1st April 2019 until 31st March 2020 are given effect by substituting the Table of Fees in schedule 1 with the Table of Fees in schedule 2.

• The fee levels from 1st April 2020 onwards are given effect by substituting the Table of Fees in schedule 2 with the Table of Fees in schedule 3.

Article 2(3) provides that fees are not to be 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.

Article 2(4) provides that the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court is not required to do any act in connection with the matter specified in relation to that fee without either prior payment of the fee or entering into an arrangement for payment of the fee.

Articles 3 and 4 exempt certain persons from payment of fees.

Article 5 exempts certain appeal proceedings under the Children’s Hearings (Scotland) Act 2011, the Debtors (Scotland) Act 1987 and the Debt Arrangement and Attachment (Scotland) Act 2002 from fees.

Article 6 exempts appeals as regards applications for certain interdicts and orders.

Article 7 revokes the Sheriff Appeal Court Fees Order 2015.

A Business and Regulatory Impact Assessment has been prepared for this Order and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.

(1)

2014 asp 18. The definition of “relevant officer” in section 107(3) was relevantly amended by S.S.I. 2016/387.

(2)

1986 c.47. Section 13(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 74 and schedule 8, paragraph 36(3).

(3)

1992 c.4. Section 124, which provides for income support, was amended by the Jobseekers Act 1995 (c.18), section 41 and schedules 2 and 3; the Welfare Reform and Pensions Act 1999 (c.30), section 70 and schedule 8, Part IV, paragraph 28; the State Pension Credit Act 2002 (c.16), schedules 2 and 3; the Civil Partnership Act 2004 (c.33), schedule 24; the Welfare Reform Act 2007 (c.5), schedules 3 and 8; the Welfare Reform Act 2009 (c.24), section 3; and the Welfare Reform Act 2012 (c.5), schedule 14.

(4)

1995 c.18.

(5)

2002 c.16.

(6)

2002 c.21. Section 3(5A) was substituted for section 3(5) to (6) by the Civil Partnership Act 2004, schedule 24, paragraph 144(3).

(7)

2007 c.5.

(8)

2012 c.5.

(9)

2015 asp 5.

(10)

2011 asp 1, as relevantly modified by section 109 of the Courts Reform (Scotland) Act 2014 and as relevantly amended by paragraph 7 of Part 1 of the schedule of S.S.I. 2015/402.

(11)

1987 c.18.

(12)

2002 asp 17.

(13)

S.S.I. 2018/81.

(14)

S.S.I. 2015/379, amended by S.S.I. 2016/332.

(15)

Column 3 shows the fees which were payable by virtue of schedule 3 of S.S.I. 2015/379 (as substituted by schedule 3 of S.S.I. 2016/332) immediately before the coming into force of this schedule.

(16)

The Sheriff Appeal Court Rules are S.S.I. 2015/356, as last amended by S.S.I. 2017/186.

(17)

The Simple Procedure Rules are in schedule 1 of S.S.I. 2016/200, as last amended by S.S.I. 2017/154.

(18)

A different fee narrative for item 4 was previously applicable.

(19)

A different fee narrative for item 5 was previously applicable.

(20)

Column 3 shows the fees which were payable by virtue of schedule 1 of this Order immediately before the coming into force of this schedule.

(21)

Column 3 shows the fees which were payable by virtue of schedule 2 of this Order immediately before the coming into force of this schedule.