The Sheriff Court Fees Amendment Order 2002

Explanatory Note

(This note is not part of the Order)

This Order amends the Sheriff Court Fees Order 1997 (“the 1997 Order”).

The Order amends article 7 of the 1997 Order (exemption of certain persons from fees in simplified divorce actions) so as to provide exemption from certain of the fees payable for persons in receipt of certain forms of benefits and legal aid (article 2(2)). The exemption is also extended to civil sheriff court proceedings generally.

The Order also specifies for proceedings in the sheriff court new fee levels in substitution for those applicable since the 1997 Order was last amended on 1st April 1999. Some fee levels remain unchanged and the increases represent an average of approximately 9% except (a) the lodging fee to be paid to the Auditor of Court increases from £12 to £30; and (b) the auditor’s fee for taxing the first £400 (formerly £300) of an account increases from £12 to £16 (article 2(3) and the Schedule).

Finally, the Order simplifies the fees payable relating to recording, engrossing and copying documents and makes new provision for payment of a fee on cancellation of a diet of taxation (article 2(3) and the Schedule, in particular paragraphs 39 and 41).