Act of Sederunt (Fees of Sheriff Officers) (Amendment) 2012

Scottish Statutory Instruments

2012 No. 7

Sheriff Court

Act of Sederunt (Fees of Sheriff Officers) (Amendment) 2012

Made

17th January 2012

Laid before the Scottish Parliament

19th January 2012

Coming into force

22nd January 2012

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40(1) 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) (Amendment) 2012 and comes into force on 22nd January 2012.

(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of fees

2.—(1) The Act of Sederunt (Fees of Sheriff Officers (No. 2) 2011(3) is amended in accordance with the following subparagraphs.

(2) For paragraph 2(2) substitute —

“(2) For General Regulation 3 substitute—

“3.   Where the service or intimation of a document or inhibition is executed in a remote rural area the fees specified in the Table of Fees at Item 1(a)(i), 2(a)(i) and 2(b)(i) shall be surcharged by the levying of an additional fee of 30 per cent of the fee specified in the Table of Fees.”.”.

(3) After paragraph 2(3) insert—

“(3A) In General Regulation 9 for “2, 4A(b), 5(c), 6(b)(i) and (ii), 7(b), 8(b), 9(b), 10(b), 11(b)” substitute “3, 6(b), 7(c) and (d), 8(b), 9(b), 10(b), 11(b), 12(b)”.”.

(4) For paragraph 2(4) substitute —

“(4) In General Regulation 17, after the definition of “postal service” insert—

““remote rural area” means an area classified as such in the Scottish Government’s Urban/Rural Classification 2009-2010.”.”.(4)

A.C. HAMILTON

Lord President

I.P.D.

Edinburgh

17th January 2012

EXPLANATORY NOTE

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

This Act of Sederunt amends Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2011 as it contained some errors.

(1)

1907 c.51. Section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c.28, Schedule 1; the Secretaries of State Act 1926 c.18, section 1(3); the Administration of Justice (Scotland) Act 1933 c.41, Schedule; the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c.12, Schedule 1, paragraph 7 and Schedule 2; and by S.S.I. 2011/396, article 3.

(2)

1926 c.16.

(3)

S.S.I. 2011/432.

(4)

The Scottish Government Urban/Rural Classification 2009/2010 was published by the Office of the Chief Statistician, August 2010.