The Sheriff Court Fees Amendment Order 2008

1

Petition for–

a

appointment of executor,

b

restriction of caution,

c

special warrant,

d

sealing up of repositories or the like, or

e

appointment of Commissary factor

2

Sealing up repositories or the like, per hour

3

a

Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies–

i

where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 189211 is required does not exceed–

ii

where the amount of the said estate exceeds £50,000

b

Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa

c

Receiving and examining inventory of estate where it is declared that confirmation is not required:

4

Commissary copying and extracting

1

Issuing certificate of confirmation

a

if ordered when lodging inventory each certificate

b

if ordered subsequent to lodging inventory–

i

first certificate including search fee

ii

each subsequent certificate

2

Copy or duplicate confirmation–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first duplicate including search fee

ii

each subsequent duplicate if ordered at the same time as the first duplicate

3

Certified extract confirmation and will (if any)–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first certified extract including search fee

ii

each subsequent certified extract if ordered at the time of the first certified extract

4

Copy will–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first copy including search fee

ii

each subsequent copy, if ordered at the same time as the first copy

Initial Writ5

Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

Divorce and dissolution of civil partners6

Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application)

Application for Simplified Divorce and simplified dissolution of civil partnership7

Any application (inclusive of all procedures other than those specified at paragraphs 8 and 9)

8

Citation of, or intimation to, any person or persons by sheriff officer

9

Subsequent application upon change of circumstances by party

Summary warrant10

Application for summary warrant

Bankruptcy11

Petition for sequestration of estates

12

Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement

13

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 198512

14

Act and warrant of trustee

15

Application (written or oral) for discharge of trustee

Declarator and Petitions for completion of title for the Sheriff of Chancery16

Applications for Declarator and Petitions for completion of title to the Sheriff of Chancery

17

Issue of chancery extract

Summary cause18

Summons summary cause (including small claim)–

a

actions for payment of money less than £200

b

other actions

c

in relation to a small claim summons, citation of, or intimation to, any party by sheriff officer

d

on the marking of an appeal

Criminal procedure19

Complaint

Road Traffic Offenders Act 19881320

Petition for removal of disqualification

Miscellaneous21

Application under section 4 of the Requirements of Writing (Scotland) Act 1995 14

22

Caveat

23

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 198215

24

Note in a liquidation or judicial factory

Defender’s responses25

First writ, reponing note or attendance to state a defence, or oppose an interim order (fee payable by each defender or compearer)

a

in proceedings to which paragraph 5 of this Table applies

b

in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership)

26

Lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 199316

27

Lodging of a certified closed record under the additional procedure of the said Rules

28

Fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

29

For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (not payable if the proof, debate or hearing does not proceed on that day)

30

Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the said Rules

31

Lodging of a written motion or minute; and the lodging of any written opposition to any such motion or minute

32

Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 18(d) of this Table)

Sheriff court books33

Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 38 of this Table.)

34

Preservation of deeds, each deed (NOTE: Recording and extracting to be charged as in paragraph 38 of this Table)

Miscellaneous office procedures35

Lodging each set of plans or other Parliamentary deposit

36

Inspection of report of sale and the auditor of court’s report

37

Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests, of relevant court records as allowed by appropriate said Rules as amended, with the fees below payable in advance–

a

weekly for twelve months

b

twice weekly for twelve months

c

four times weekly for twelve months

38

Recording, engrossing, extracting or copying of all documents except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 39 of this Table)

a

by photocopying–

i

Up to 10 pages

ii

Each page or part thereof (in excess of 10 pages)

b

for a copy of a document on a computer disc or in other electronic form

39

Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table–

a

up to 30 minutes

b

for more than 30 minutes up to 2 hours

c

for each additional 30 minutes (in excess of 2 hours)

d

In addition, correspondence fee where applicable

40

For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation–

1

auditor’s fee on lodging account for taxation

2

auditor’s fee for taxing accounts of expenses etc.–

a

up to £400

b

for every additional £100 or part thereof

3

fee for cancellation of diet of taxation–

a

where written notice of cancellation received by receiving party within three working days of diet

b

where written notice of cancellation received by receiving party on the working day before or the day of the diet

1

Petition for–

a

appointment of executor,

b

restriction of caution,

c

special warrant,

d

sealing up of repositories or the like, or

e

appointment of Commissary factor

2

Sealing up repositories or the like, per hour

3

a

Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies–

i

where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 189218 is required does not exceed–

ii

where the amount of the said estate exceeds £50,000

b

Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa

c

Receiving and examining inventory of estate where it is declared that confirmation is not required:

4

Commissary copying and extracting

1

Issuing certificate of confirmation

a

if ordered when lodging inventory each certificate

b

If ordered subsequent to lodging inventory–

i

first certificate including search fee

ii

each subsequent certificate

2

Copy or duplicate confirmation–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first duplicate including search fee

ii

each subsequent duplicate if ordered at the same time as the first duplicate

3

Certified extract confirmation and will (if any)–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first certified extract including search fee

ii

each subsequent certified extract if ordered at the time of the first certified extract

4

Copy will–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first copy including search fee

ii

each subsequent copy, if ordered at the same time as the first copy

Initial Writ5

Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

Divorce and dissolution of civil partners6

Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application)

Application for Simplified Divorce and simplified dissolution of civil partnership7

Any application (inclusive of all procedures other than those specified at paragraphs 8 and 9)

8

Citation of, or intimation to, any person or persons by sheriff officer

9

Subsequent application upon change of circumstances by party

Summary warrant10

Application for summary warrant

Bankruptcy11

Petition for sequestration of estates

12

Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement

13

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 198519

14

Act and warrant of trustee

15

Application (written or oral) for discharge of trustee

Declarator and Petitions for completion of title for the Sheriff of Chancery16

Applications for Declarator and Petitions for completion of title to the Sheriff of Chancery

17

Issue of chancery extract

Summary cause18

Summons summary cause (including small claim)–

a

actions for payment of money less than £200

b

other actions

c

in relation to a small claim summons, citation of, or intimation to, any party by sheriff officer

d

on the marking of an appeal

Criminal procedure19

Complaint

Road Traffic Offenders Act 19882020

Petition for removal of disqualification

Miscellaneous21

Application under section 4 of the Requirements of Writing (Scotland) Act 199521

22

Caveat

23

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 198222

24

Note in a liquidation or judicial factory

Defender’s responses25

First writ, reponing note or attendance to state a defence, or oppose an interim order (fee payable by each defender or compearer)

a

in proceedings to which paragraph 5 of this Table applies

b

in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership)

26

Lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 199323

27

Lodging of a certified closed record under the additional procedure of the said Rules

28

Fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

29

For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (not payable if the proof, debate or hearing does not proceed on that day)

30

Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the said Rules

31

Lodging of a written motion or minute; and the lodging of any written opposition to any such motion or minute

32

Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 18(d) of this Table)

Sheriff court books33

Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 38 of this Table.)

34

Preservation of deeds, each deed (NOTE: Recording and extracting to be charged as in paragraph 38 of this Table)

Miscellaneous office procedures35

Lodging each set of plans or other Parliamentary deposit

36

Inspection of report of sale and the auditor of court’s report

37

Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests, of relevant court records as allowed by appropriate said Rules as amended, with the fees below payable in advance–

a

weekly for twelve months

b

twice weekly for twelve months

c

four times weekly for twelve months

38

Recording, engrossing, extracting or copying of all documents except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 39 of this Table)

a

by photocopying–

i

Up to 10 pages

ii

Each page or part thereof (in excess of 10 pages)

b

for a copy of a document on a computer disc or in other electronic form

39

Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table–

a

up to 30 minutes

b

for more than 30 minutes up to 2 hours

c

for each additional 30 minutes (in excess of 2 hours)

d

In addition, correspondence fee where applicable

40

For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation–

1

auditor’s fee on lodging account for taxation

2

auditor’s fee for taxing accounts of expenses etc.–

a

up to £400

b

for every additional £100 or part thereof

3

fee for cancellation of diet of taxation–

a

where written notice of cancellation received by receiving party within three working days of diet

b

where written notice of cancellation received by receiving party on the working day before or the day of the diet

1

Petition for–

a

appointment of executor,

b

restriction of caution,

c

special warrant,

d

sealing up of repositories or the like, or

e

appointment of Commissary factor

2

Sealing up repositories or the like, per hour

3

a

Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies–

i

where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 189225 is required does not exceed–

ii

where the amount of the said estate exceeds £50,000

b

Receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa

c

Receiving and examining inventory of estate where it is declared that confirmation is not required:

4

Commissary copying and extracting

1

Issuing certificate of confirmation

a

if ordered when lodging inventory each certificate

b

If ordered subsequent to lodging inventory–

i

first certificate including search fee

ii

each subsequent certificate

2

Copy or duplicate confirmation–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first duplicate including search fee

ii

each subsequent duplicate if ordered at the same time as the first duplicate

3

Certified extract confirmation and will (if any)–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first certified extract including search fee

ii

each subsequent certified extract if ordered at the time of the first certified extract

4

Copy will–

a

if ordered when lodging inventory

b

if ordered subsequent to lodging inventory–

i

first copy including search fee

ii

each subsequent copy, if ordered at the same time as the first copy

Initial Writ5

Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

Divorce and dissolution of civil partners6

Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application)

Application for Simplified Divorce and simplified dissolution of civil partnership7

Any application (inclusive of all procedures other than those specified at paragraphs 8 and 9)

8

Citation of, or intimation to, any person or persons by sheriff officer

9

Subsequent application upon change of circumstances by party

Summary warrant10

Application for summary warrant

Bankruptcy11

Petition for sequestration of estates

12

Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement

13

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 198526

14

Act and warrant of trustee

15

Application (written or oral) for discharge of trustee

Declarator and Petitions for completion of title for the Sheriff of Chancery16

Applications for Declarator and Petitions for completion of title to the Sheriff of Chancery

17

Issue of chancery extract

Summary cause18

Summons summary cause (including small claim)–

a

actions for payment of money less than £200

b

other actions

c

in relation to a small claim summons, citation of, or intimation to, any party by sheriff officer

d

on the marking of an appeal

Criminal procedure19

Complaint

Road Traffic Offenders Act 19882720

Petition for removal of disqualification

Miscellaneous21

Application under section 4 of the Requirements of Writing (Scotland) Act 1995 28

22

Caveat

23

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 198229

24

Note in a liquidation or judicial factory

Defender’s responses25

First writ, reponing note or attendance to state a defence, or oppose an interim order (fee payable by each defender or compearer)

a

in proceedings to which paragraph 5 of this Table applies

b

in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership)

26

Lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 199330

27

Lodging of a certified closed record under the additional procedure of the said Rules

28

Fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

29

For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (not payable if the proof, debate or hearing does not proceed on that day)

30

Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the said Rules

31

Lodging of a written motion or minute; and the lodging of any written opposition to any such motion or minute

32

Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 18(d) of this Table)

Sheriff court books33

Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 37 of this Table.)

34

Preservation of deeds, each deed (NOTE: Recording and extracting to be charged as in paragraph 38 of this Table)

Miscellaneous office procedures35

Lodging each set of plans or other Parliamentary deposit

36

Inspection of report of sale and the auditor of court’s report

37

Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests, of relevant court records as allowed by appropriate said Rules as amended, with the fees below payable in advance–

a

weekly for twelve months

b

twice weekly for twelve months

c

four times weekly for twelve months

38

Recording, engrossing, extracting or copying of all documents except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 39 of this Table)

a

by photocopying–

i

Up to 10 pages

ii

Each page or part thereof (in excess of 10 pages)

b

for a copy of a document on a computer disc or in other electronic form

39

Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table–

a

up to 30 minutes

b

for more than 30 minutes up to 2 hours

c

for each additional 30 minutes (in excess of 2 hours)

d

In addition, correspondence fee where applicable

40

For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation–

1

auditor’s fee on lodging account for taxation

2

auditor’s fee for taxing accounts of expenses etc.–

a

up to £400

b

for every additional £100 or part thereof

3

fee for cancellation of diet of taxation–

a

where written notice of cancellation received by receiving party within three working days of diet

b

where written notice of cancellation received by receiving party on the working day before or the day of the diet