Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 1997

Statutory Instruments

1997 No. 1118 (S.101)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court) (Amendment) 1997

Made

27th March 1997

Laid before Parliament

3rd April 1997

Coming into force

1st May 1997

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) 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 Shorthand Writers in the Sheriff Court)(Amendment) 1997 and shall come into force on 1st May 1997.

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

Amendment of Fees

2.—(1) For Schedule 2 to the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992((2) substitute the Schedule set out in the Schedule to this Act of Sederunt.

(2) The fees substituted by the said Schedule shall apply to work, for which those fees are chargeable, done on or after the date on which this Act of Sederunt comes into force.

Saving

3.  The fees set out in column 3 of the table in paragraph 2 of the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court)(Amendment) 1996((3) shall continue to apply to work done before the date on which this Act of Sederunt comes into force.

Rodger of Earlsferry

Lord President, I.P.D.

Edinburgh,

27th March 1997

Paragraph 2(1)

SCHEDULE

Paragraph 3

“SCHEDULE 2 SHORTHAND WRITERS' FEES

	£
Attendance 1.   Attending at proofs or commissions– £ (a) per hour ... ... ... ...	25.00
(b) minimum per day ... ... ... ...	100.00
Cancellation 2.   Where intimation of cancellation of attendance is made to the shorthand writer– (a) more than 21 days prior to the date of attendance no fee shall be charged; (b) 21 days or less prior to, and before 4 p.m. on the day prior to the date of attendance 75% of the minimum daily fee in paragraph 1(b) shall be charged; (c) on or after 4 p.m. on the day prior to the date of attendance the minimum daily fee in paragraph 1(b) shall be charged.
Subsistence Allowance 3.   A shorthand writer shall be allowed a subsistence allowance appropriate to civil servants entitled to class 2 rates. Transcripts 4.   Extending Notes of Evidence– £ (a) subject to (b) below, per sheet of 25 lines	4.50
(b) overnight, per sheet of 25 lines	5.00
Copies 5.   Copies of notes of evidence by carbon or any other means per sheet	0.35”

Explanatory Note

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

This Act of Sederunt amends the fees payable for shorthand writers in civil proceedings in the Sheriff Court by increasing the hourly and daily rates payable for attendance at proofs or commissions. The differences in minimum daily attendance rates between shorthand writers who carry on business within a 5 mile radius of a Sheriff Court and those who travel to court from a greater distance have been abolished. A page of transcript will now be calculated under reference to a standard of 25 lines rather than 250 words. The last increase was in the Act of Sederunt (Fees of Shorthand Writers in the Sheriff Court)(Amendment) 1996 (S.I. 1996/767).

(1)

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

(2)

S.I. 1992/1878 amended by S.I. 1993/1355, 1994/1141, 1995/1024 and 1996/767.

(3)

S.I. 1996/767.