2012 No. 341
Sheriff Court

Act of Sederunt (Fees of Sheriff Officers) (Amendment) (No. 2) 2012

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) (Amendment) (No. 2) 2012 and comes into force on 28th January 2013.

(2)

A certified copy of this Act of Sederunt is to 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 only to work carried out by a sheriff officer on or after 28th January 2013 but shall not affect the fees payable as respects any work so carried out before that date.

BRIAN GILL
Lord President
I.P.D.

Edinburgh

SCHEDULETABLE OF FEES

Paragraph 2(1)

Column A

Column B

Item

£

£

1.

Service or intimation of a document

  1. (a)

    Service

  1. (i)

    each person at a different address

49.00

76.45

  1. (i)

    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

10.65

17.25

  1. (a)

    Postal service

15.00

25.35

  1. (a)

    Postal diligence

23.25

38.15

2.

Inhibitions

  1. (a)

    Inhibitions only

  1. (i)

    each person at a different address

63.15

97.75

  1. (i)

    each additional person at the same address

20.35

31.45

  1. (a)

    Inhibition and service

  1. (i)

    each person at a different address

73.70

113.90

  1. (i)

    each additional person at the same address

32.00

49.50

  1. (a)

    Inhibition, service and interdict

  1. (i)

    each person at a different address

189.20

  1. (i)

    each additional person at the same address

80.50

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)

  1. (a)

    Interdict only

  1. (i)

    each person at a different address

142.85

  1. (i)

    each additional person at the same address

31.45

  1. (a)

    Interdict and service

  1. (i)

    each person at a different address

160.55

  1. (i)

    each additional person at the same address

48.90

4.

Attachments

  1. (a)

    Service notice of entry

7.00

10.80

  1. (a)

    Arranging attachment and endeavouring but being unable to execute the same for whatever reason

55.30

80.95

  1. (a)

    Arranging and executing attachment where appraised value is—

  1. (i)

    £667 or under

94.75

94.75

  1. (i)

    over £667 and up to £2,679

146.90

146.90

  1. (i)

    over £2,679 and up to £26,984 – 10% of the appraised value

  1. (i)

    over £26,984 and up to £134,908 – 10% of the first £26,984, 5% thereafter

  1. (i)

    over £134,908 – 10% of the first £26,984 5% thereafter up to £134,908 and 1% thereafter

  1. (a)

    Reporting attachment

9.00

9.00

5.

Attachment of motor vehicles, heavy plant or machinery

  1. (a)

    Arranging and executing attachment where appraised value is—

  1. (i)

    £667 or under

94.75

94.75

  1. (i)

    over £667 and up to £2,964

146.90

146.90

  1. (i)

    over £2,964 and up to £134,908 – 5% of the appraised value

  1. (i)

    over £134,908 – 5% of the first £134,908 and 1% thereafter

  1. (a)

    Reporting attachment

9.00

9.00

6.

Money attachments under the Act of 2007

  1. (a)

    Arranging attachment and endeavouring but being unable to execute the same for whatever reason

55.30

80.95

  1. (a)

    Arranging and executing attachment, including removal of attached money, where value of money is—

  1. (i)

    £667 or under

94.75

94.75

  1. (i)

    over £667 and up to £2,679

146.90

146.90

  1. (i)

    over £2,679 and up to £26,984 – 10% of the value

  1. (i)

    over £26,984 and up to £134,908 – 10% of the first £26,984, 5% thereafter

  1. (i)

    over £134,908 – 10% of the first £26,984, 5% thereafter up to £134,908 and 1% thereafter

  1. (a)

    Reporting attachment

9.00

9.00

7.

Auctions

  1. (a)

    Arranging auction, preparing advertisement and giving public notice

23.45

23.45

  1. (a)

    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

  1. (a)

    Officer and witness attending auction but auction not executed for whatever reason

51.55

77.35

  1. (a)

    Officer and witness attending auction

142.85

142.85

8.

Ejections

  1. (a)

    Arranging ejection

51.55

77.35

  1. (a)

    Arranging and executing ejection

105.85

120.05

9.

Taking possession of effects

  1. (a)

    Arranging possession

51.55

77.35

  1. (a)

    Arranging and effecting possession

105.85

142.85

10.

Apprehensions

  1. (a)

    Arranging apprehension

77.35

  1. (a)

    Arranging and apprehending

142.85

11.

Taking possession of a child

  1. (a)

    Arranging to take possession

77.35

  1. (a)

    Arranging and taking possession of each child

142.85

12.

Arresting vessels, aircraft and cargo

  1. (a)

    Arranging to arrest

51.55

77.35

  1. (a)

    Arranging and effecting arrestment

130.00

236.35

13.

Miscellaneous

  1. (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

17.95

17.95

  1. (a)

    Granting any receipt required to be issued under the Act of 1987 or the Act of 2002

9.00

9.00

  1. (a)

    Arranging locksmith or tradesman to be in attendance

5.75

5.75

  1. (a)

    Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor

17.95

17.95

  1. (a)

    Executing warrant to open lockfast places

17.95

17.95

  1. (a)

    Time

  1. (i)

    with witness - £28.80 per unit

  1. (i)

    without witness - £21.45 per unit

  1. (a)

    Photocopies

  1. (i)

    first page document - £2.00

  1. (i)

    subsequent pages – per page £1.15

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 2.45% on the existing fees. This increase takes effect from 28th January 2013.