2011 No. 47
Sheriff Court

Act of Sederunt (Fees of Sheriff Officers) 2011

Made
Laid before the Scottish Parliament
Coming into force
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 19071, section 6 of the Execution of Diligence (Scotland) Act 19262 and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement1.

(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 fees2.

(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) 20023 substitute the Table of Fees in the Schedule to this Act of Sederunt.

(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

SCHEDULETABLE 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.