Act of Sederunt (Fees of Sheriff Officers) 1992

Statutory Instruments

1992 No. 82 (S.6)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Fees of Sheriff Officers) 1992

Made

16th January 1992

Laid before Parliament

27th January 1992

Coming into force

17th February 1992

The Lords of Council and Session, under and by virtue of the powers conferred on 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, 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) 1992 and shall come into force on 17th February 1992.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees

2.—(1) Subject to this rule and the following rule, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990(3), substitute the Table of Fees in the Schedule to this Act of Sederunt.

(2) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 as substituted by paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.

(3) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 having effect before the substitution under paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.

J.A.D. Hope

Lord President, IPD

Edinburgh,

16th January 1992

Paragraph 2(1)

SCHEDULE TABLE OF FEES

Item	Summary cause			Ordinary cause
	Band 1	Band 2	Band 3	Band 1	Band 2	Band 3
1.  Service or intimation of a document (a) Service (i) each person at a different address	16.30	25.10	32.40	26.65	39.10	50.85
(ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987	5.45	5.45	5.45	8.90	8.90	8.90
(b) Postal service	8.15	8.15	8.15	13.35	13.35	13.35
(c) Postqal diligence	12.25	12.25	12.25	20.05	20.05	20.05
2.  Interdicts (a) Interdicts only (i) each person at a different address				73.10	73.10	73.10
(ii) each additional person at the same address				16.05	16.05	16.05
(b) Interdict and service (i) each person at a different address				82.00	82.00	82.00
(ii) each additional person at the same address				25.00	25.00	25.00
3.  Poindings (a) Saving notice of entry	3.60	3.60	3.60	5.50	5.50	5.50
(b) Arranging poinding and endeavouring but being unable to execute same for whatever reason	28.25	28.25	28.25	41.40	41.40	40.40
(c) Arranging and executing poinding where appraised value is— (i) £340 or under	48.45	48.45	48.45	48.45	48.45	48.45
(ii) Over £340 and up to £1,370	75.00	75.00	75.00	75.00	75.00	75.00
(iii) Over £1,370 and up to £13,795—10% of the appraised value only (iv) Over £13,795 and up to £68,970—10% of the first £13,795, 5% thereafter up to £68,970 of the appraised value (v) Over £68,970—10% of the first £13,795, 5% thereafter up to £68,970 and 1% of the appraised value over £68,970
(d) Reporting poinding	4.65	4.65	4.65	4.65	4.65	4.65
4.  Poindings of motor vehicles, heavy plant or machinery (a) Arranging and executing pointing where appraised value is— (i) £340 or under	48.45	48.45	48.45	48.45	48.45	48.45
(ii) Over £340 and up to £1,515	75.00	75.00	75.00	75.00	75.00	75.00
(iii) Over £1,515 and up to £68,970—5% of the appraised value only (iv) Over £68,970—5% of first £68,970 and 1% thereafter of the appraised value
(b) Reporting poinding	4.65	4.65	4.65	4.65	4.65	4.65
5.  Sequestrations for rent, poinding of ground (a) Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason	26.35	26.35	26.35	39.50	39.50	39.50
(b) Arranging and effecting sequestration where the appraised value is— (i) £340 or under	46.50	46.50	46.50
(ii) Over £340 and up to £1,370	73.10	73.10	73.10
(iii) Over £1,370 as 3(c)(iii) above
(c) Arranging and effecting ordinary sequestration or poinding of the ground				73.10	73.10	73.10
(d) Service—as in item 1(a) or (b) above, as the case may be
6.  Sales (a) (i) Application for warrant of sale or variation of warrant of sale	7.60	7.60	7.60	7.60	7.60	7.60
(ii) Intimating application as in item 1(a) and (b) above, as the case may be
(b) (i) Arranging warrant sale, preparing advertisement and giving public notice	11.90	11.90	11.90	11.90	11.90	11.90
(ii) Serving copy of warrant of sale and intimating the place and date of sale and if necessary the date of removal of poinded effects, as in item 1(a) or (b) above, as the case may be
(c) Officer attending warrent sale conducted by auctioneer	20.80	20.80	20.80	20.80	20.80	20.80
(d) (i) Officer and witness attending warrant sale and being unable to execute same for whatever reason	26.35	26.35	26.35	26.35	26.35	26.35
(ii) Officer and witness conducting sale where the appraised value is £340 or under	46.50	46.50	46.50	46.50	46.50	46.50
(iii) Over £340	73.10	73.10	73.10	73.10	73.10	73.10
7.  Ejections (a) Arranging possessions	26.35	26.35	26.35	39.10	39.10	39.10
(b) Arranging and executing ejection	54.10	54.10	54.10	61.40	61.40	61.40
8.  Taking possession of effects (a) Arranging possession	26.35	26.35	26.35	39.10	39.10	39.10
(b) Arranging and effecting possession	54.10	54.10	54.10	73.10	73.10	73.10
9.  Apprehensions (a) Arranging apprehensions				39.50	39.50	39.50
(b) Arranging and apprehending				73.10	73.10	73.10
10.  Taking possession of children (a) Arranging to take possession				39.50	39.50	39.50
(b) Arranging and taking possession opf each child				73.10	73.10	73.10
11.  Arresting vessels, aircraft and cargo (a) Arranging to arrest	26.35	26.35	26.35	39.50	39.50	39.50
(b) Arranging and effecting arrestment	66.45	66.45	66.45	120.85	120.85	120.85
12.  Miscellaneous (a) To making any report or application under the Act of 1987 with exception of reporting a poinding	9.15	9.15	9.15	9.15	9.15	9.15
(b) To grant any receipt required to be issued under the Act of 1987	4.65	4.65	4.65	4.65	4.65	4.65
(c) To arranging locksmith or tradesman to be in attandance	2.95	2.95	2.95	2.95	2.95	2.95
(d) To granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor	9.15	9.15	9.15	9.15	9.15	9.15
(e) Executing warrant to open	9.15	9.15	9.15	9.15	9.15	9.15
(f) Time (i) with witness—£14.65 per unit (ii) without witness—£10.95 per unit (g) Photocopies (i) first sheet of document—£0.95 (ii) subsequent sheets—£0.50

Explanatory Note

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

This Act of Sederunt amends the Act of Sederunt (Fees of Sheriff Officers) 1990 by increasing the fees payable to Sheriff Officers by about 6%. The last increase was in the Act of Sederunt (Fees of Sheriff Officers) 1991 (S.I. 1991/290). It also amends the entry in the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 (S.I. 1990/379) relating to photocopies.

(1)

1907 c. 51; section 40 was amended by the Schedule to the Administration of Justice (Scotland) Act 1933 (c. 41) and by paragraph 7 of Schedule 1 to and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12) and is to be read with section 1(3) of the Secretaries of State Act 1926 (c. 18).

(2)

1926 c. 16.

(3)

S.I. 1990/381; amended by S.I. 1991/290.