http://www.legislation.gov.uk/ssi/2007/550/madeAct of Sederunt (Fees of Sheriff Officers) 2007Legal aid and adviceKing's Printer for Scotland2016-08-30SHERIFF COURT This Act of Sederunt amends Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002 by making certain amendments of the general regulations and substituting a new Table of Fees. Act of Sederunt (Fees of Sheriff Officers) 2007InstrumentAct of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) 2026sch. 2para. 5(1) 6para. 1(2) 2007 No. 550 SHERIFF COURT Act of Sederunt (Fees of Sheriff Officers) 2007 Made 5th December 2007 Laid before the Scottish Parliament 7th December 2007 Coming into force 14th January 2008 The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40 of the Sheriff Courts (Scotland) Act 1907, section 6 of the Execution of Diligence (Scotland) Act 1926 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) 2007 and shall come into force on 14th January 2008. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of fees 2 1 Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 is amended in accordance with subparagraphs (2) to (4). 2 After general regulation 1, insert– 1A Column A of the Table of Fees specifies the fees payable in relation to– a a summary cause commenced before 14th January 2008; and b a summary cause commenced on or after that date where the value of the claim when the cause is commenced is £1,500 or less (exclusive of interest and expenses). 1B A summary cause falling within paragraph (c) of section 35(1) of the Sheriff Courts (Scotland) Act 1971 (actions ad factum praestandum and actions for the recovery of possession of heritable or moveable property) falls within paragraph (b) of general regulation 1A where it contains no additional or alternative crave for decree for payment of money or where the value of such crave is £1,500 or less (exclusive of interest and expenses). 1C Column B of the Table of Fees specifies the fees payable in relation to– a a summary cause not falling within general regulation 1A; and b an ordinary cause. 3 In general regulation 15, for “in the Table of Fees for ordinary causes” substitute “column B of the Table of Fees”. 4 For the Table of Fees substitute the Table of Fees in the Schedule to this Act of Sederunt. 5 This paragraph is subject to paragraph 3. Application and saving provision 3 Paragraph 2 shall apply to work carried out by a sheriff officer on or after 14th January 2008 but shall not affect the fees payable as respects any work so carried out before that date. A C HAMILTON Lord President, I.P.D.
Edinburgh
5th December 2007 SCHEDULE TABLE OF FEES Paragraph 2(4)
Column AColumn B
ItemBand 1Band 2Band 3Band 1Band 2Band 3
££££££
1.
Service or intimation of a document
a Service
i each person at a different address 27.6542.6555.2545.1566.4586.65
ii each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 and the Act of 2002 9.259.259.2515.0515.0515.05
b Postal service 13.0513.0513.0522.0522.0522.05
c Postal diligence 20.2020.2020.2033.2033.2033.20
2.
Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004)
a Interdict only
i each person at a different address 124.30124.30124.30
ii each additional person at the same address 27.3527.3527.35
b Interdict and service
i each person at a different address 139.65139.65139.65
ii each additional person at the same address 42.5542.5542.55
3.
Attachments
a Serving notice of entry 6.106.106.109.409.409.40
b Arranging attachment and endeavouring but being unable to execute the same for whatever reason 48.1048.1048.1070.4070.4070.40
c Arranging and executing attachment where appraised value is–
i £580 or under 82.4082.4082.4082.4082.4082.40
ii over £580 and up to £2,330 127.80127.80127.80127.80127.80127.80
iii over £2,330 and up to £23,472 – 10% of the appraised value
iv over £23,472 and up to £117,348 – 10% of the first £23,472, 5% thereafter
v over £117,348 –10% of the first £23,472, 5% thereafter up to £117,348 and 1% thereafter
d Reporting attachment 7.857.857.857.857.857.85
4.
Attachment of motor vehicles, heavy plant or machinery
a Arranging and executing attachment where appraised value is–
i £580 or under 82.4082.4082.4082.4082.4082.40
ii over £580 and up to £2,578 127.80127.80127.80127.80127.80127.80
iii over £2,578 and up to £117,348 – 5% of the appraised value
iv over £117,348 – 5% of the first £117,348 and 1% thereafter
b Reporting attachment 7.857.857.857.857.857.85
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 44.8044.8044.8067.2567.2567.25
b Arranging and effecting sequestration where the appraised value is–
i £580 or under 79.1579.1579.15
ii over £580 and up to £2,330 124.30124.30124.30
iii over £2,330 as 3(c)(iii) above
c Arranging and effecting ordinary sequestrations or poinding of the ground 124.30124.30124.30
d Service – as in item 1(a) or (b) above, as the case may be
6.
Auctions
a i Arranging auction, preparing advertisement and giving public notice 20.4020.4020.4020.4020.4020.40
ii Intimating the place and date of auction and if necessary the date of removal of attached effects – as in items 1(a) or (b) above, as the case may be
b i Officer and witness attending auction but auction not executed for whatever reason 44.8044.8044.8067.2567.2567.25
ii Officer and witness attending auction 124.30124.30124.30124.30124.30124.30
7.
Ejections
a Arranging ejection 44.8044.8044.8067.2567.2567.25
b Arranging and executing ejection 92.0592.0592.05104.45104.45104.45
8.
Taking possession of effects
a Arranging possession 44.8044.8044.8067.2567.2567.25
b Arranging and effecting possession 92.0592.0592.05124.30124.30124.30
9.
Apprehensions
a Arranging apprehension 67.2567.2567.25
b Arranging and apprehending 124.30124.30124.30
10.
Taking possession of a child
a Arranging to take possession 67.2567.2567.25
b Arranging and taking possession of each child 124.30124.30124.30
11.
Arresting vessels, aircraft and cargo
a Arranging to arrest 44.8044.8044.8067.2567.2567.25
b Arranging and effecting arrestment 113.10113.10113.10205.60205.60205.60
12.
Miscellaneous
a Making any report or application under the Act of 1987 or the Act of 2002 with the exception of reporting an attachment 15.5515.5515.5515.5515.5515.55
b Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 7.857.857.857.857.857.85
c Arranging locksmith or tradesman to be in attendance 5.005.005.005.005.005.00
d Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor 15.5515.5515.5515.5515.5515.55
e Executing warrant to open lockfast places 15.5515.5515.5515.5515.5515.55
f Time
i with witness –£25.00 per unit
ii without witness – £18.70 per unit
g Photocopies
i first page document – £1.75
ii subsequent pages – per page – £0.95
(This note is not part of the Act of Sederunt)

This Act of Sederunt amends Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002 by making certain amendments of the general regulations and substituting a new Table of Fees.

Taken together, the amendments and the new Table of Fees preserve the existing distinction in fees payable based on whether the proceedings have a value of £1,500 or less. Without the amendments, the lower fee rates would apply to all summary causes which would mean that from 14th January 2008, they would apply to all new proceedings with a value of £5,000 or less (in consequence of the Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007 (SSI 2007/507)).

The fee levels in the new Table of Fees represent an increase of 3.6% on the existing fees. This increase takes effect from 14th January 2008.

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; and the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c. 12, Schedule 1, paragraph 7 and Schedule 2. 1926 c. 16. Section 6 will be amended by paragraph 7(4) of schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) when that provision comes into force. S.S.I. 2002/567, amended by S.S.I. 2003/538, S.S.I. 2004/513, S.S.I. 2005/583 and S.S.I. 2006/539. 1971 c. 58. Section 35(1)(c) was amended by S.I. 1976/900 and S.I. 1981/842 and will be amended on 14th January 2008 by S.S.I. 2007/507.