Scottish Statutory Instruments
2011 No. 47
Sheriff Court
Act of Sederunt (Fees of Sheriff Officers) 2011
Made 27th January 2011
Laid before the Scottish Parliament 28th January 2011
Coming into force 1st March 2011

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:
1907 c.51. Section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c.28, Schedule 1; the Secretaries of State ct 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.

Citation and commencement
1. (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 2011 and shall come into force on 1st March 2011.
(2) A certified copy of this Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees
2. (1) Subject to subparagraph (2) below, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002 substitute the Table of Fees in the Schedule to this Act of Sederunt.
S.S.I. 2002/567, amended by S.S.I. 2003/538, 2004/513, 2005/583, 2006/539, 2007/550, 2008/430 and 2009/379.
(2) Subparagraph (1) shall apply to work carried out by a sheriff officer on or after 1st March 2011but 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
27th January 2011

SCHEDULE TABLE OF FEES
Paragraph 2(1)
			Column A			Column B		
Item			Band 1 £	Band 2 £	Band 3 £	Band 1 £	Band 2 £	Band 3 £
1.	Service or intimation of a document							
(a)	Service							
(i)	each person at a different address		29.90	46.10	59.75	48.80	71.85	93.65
(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		10.00	10.00	10.00	16.25	16.25	16.25
(b)	Postal service		14.10	14.10	14.10	23.85	23.85	23.85
(c)	Postal diligence		21.85	21.85	21.85	35.90	35.90	35.90
2.	Inhibitions							
(a)	Inhibition only							
(i)	each person at a different address		37.90	59.40	75.00	57.05	91.90	116.05
(ii)	each additional person at the same address		19.10	19.10	19.10	29.60	29.60	29.60
(b)	Inhibition and service							
(i)	each person at a different address		47.40	69.30	84.85	73.30	107.15	131.20
(ii)	each additional person at the same address		30.10	30.10	30.10	46.55	46.55	46.55
(c)	Inhibition, service and interdict							
(i)	each person at a different address					177.95	177.95	177.95
(ii)	each additional person at the same address					75.70	75.70	75.70
3.	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					134.35	134.35	134.35
(ii)	each additional person at the same address					29.60	29.60	29.60
(b)	Interdict and service							
(i)	each person at a different address					150.95	150.95	150.95
(ii)	each additional person at the same address					46.00	46.00	46.00
4.	Attachments							
(a)	Service notice of entry		6.60	6.60	6.60	10.15	10.15	10.15
(b)	Arranging attachment and endeavouring but being unable to execute the same for whatever reason		52.00	52.00	52.00	76.10	76.10	76.10
(c)	Arranging and executing attachment where appraised value is—							
(i)	£627 or under		89.10	89.10	89.10	89.10	89.10	89.10
(ii)	over £627 and up to £2,519		138.15	138.15	138.15	138.15	138.15	138.15
(iii)	over £2,519 and up to £25,375 – 10% of the appraised value							
(iv)	over £25,375 and up to £126,861 – 10% of the first £25,375, 5% thereafter							
(v)	over £126,861 – 10% of the first £25,375, 5% thereafter up to £126,861 and 1% thereafter							
(d)	Reporting attachment		8.50	8.50	8.50	8.50	8.50	8.50
5.	Attachment of motor vehicles, heavy plant or machinery							
(a)	Arranging and executing attachment where appraised value is—							
(i)	£627 or under		89.10	89.10	89.10	89.10	89.10	89.10
(ii)	over £627 and up to £2,787		138.15	138.15	138.15	138.15	138.15	138.15
(iii)	over £2,787 and up to £126,861 – 5% of the appraised value							
(iv)	over £126,861 – 5% of the first £126,861 and 1% thereafter							
(b)	Reporting attachment		8.50	8.50	8.50	8.50	8.50	8.50
6.	Money attachments under the Act of 2007							
(a)	Arranging attachment and endeavouring but being unable to execute the same for whatever reason		52.00	52.00	52.00	76.10	76.10	76.10
(b)	Arranging and executing attachment, including removal of attached money, where value of money is—							
(i)	£627 or under		89.10	89.10	89.10	89.10	89.10	89.10
(ii)	over £627 and up to £2,519		138.15	138.15	138.15	138.15	138.15	138.15
(iii)	over £2,519 and up to £25,375 – 10% of the value							
(iv)	over £25,375 and up to £126,861 – 10% of the first £25,375, 5% thereafter							
(v)	Over £126,861 – 10% of the first £25,375, 5% thereafter up to £126,861 and 1% thereafter							
(c)	Reporting attachment		8.50	8.50	8.50	8.50	8.50	8.50
7.	Auctions							
(a)	Arranging auction, preparing advertisement and giving public notice		22.05	22.05	22.05	22.05	22.05	22.05
(b)	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							
(c)	Officer and witness attending auction but auction not executed for whatever reason		48.45	48.45	48.45	72.75	72.75	72.75
(d)	Officer and witness attending auction		134.35	134.35	134.35	134.35	134.35	134.35
8.	Ejections							
(a)	Arranging ejection		48.45	48.45	48.45	72.75	72.75	72.75
(b)	Arranging and executing ejection		99.50	99.50	99.50	112.90	112.90	112.90
9.	Taking possession of effects							
(a)	Arranging possession		48.45	48.45	48.45	72.75	72.75	72.75
(b)	Arranging and effecting possession		99.50	99.50	99.50	134.35	134.35	134.35
10.	Apprehensions							
(a)	Arranging apprehension					72.75	72.75	72.75
(b)	Arranging and apprehending					134.35	134.35	134.35
11.	Taking possession of a child							
(a)	Arranging to take possession					72.75	72.75	72.75
(b)	Arranging and taking possession of each child					134.35	134.35	134.35
12.	Arresting vessels, aircraft and cargo							
(a)	Arranging to arrest		48.45	48.45	48.45	72.75	72.75	72.75
(b)	Arranging and effecting arrestment		122.25	122.25	122.25	222.25	222.25	222.25
13.	Miscellaneous							
(a)	Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment		16.85	16.85	16.85	16.85	16.85	16.85
(b)	Granting any receipt required to be issued under the Act of 1987 or the Act of 2002		8.50	8.50	8.50	8.50	8.50	8.50
(c)	Arranging locksmith or tradesman to be in attendance		5.40	5.40	5.40	5.40	5.40	5.40
(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		16.85	16.85	16.85	16.85	16.85	16.85
(e)	Executing warrant to open lockfast places		16.85	16.85	16.85	16.85	16.85	16.85
(f)	Time							
(i)	with witness - £27.05 per unit							
(ii)	without witness - £20.20 per unit							
(g)	Photocopies							
(i)	first page document - £1.90							
(ii)	subsequent pages – per page £1.05							

EXPLANATORY NOTE
(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 substituting a new Table of Fees.
The fee levels in the new Table of Fees represent an increase of 3.6% on the existing fees. This increased takes effect from 1st March 2011.