EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes provision for the fees payable in the sheriff court, to the sheriff clerk or the auditor of court (as appropriate).

Article 3 and Schedules 1 to 3 specify fee levels payable in a sheriff court in respect of certain matters.

Article 3(3) provides that fees are not to be payable by the Crown in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.

Article 3(4) provides that the relevant office holders are not required to do any act in connection with the matter specified in relation to that fee without either prior payment of the fee or entering into an arrangement for payment of the fee.

Article 4 provides that certain fees are payable only once.

Article 5 provides for matters included in certain fees.

Article 6 provides for fees payable in the Sheriff Personal Injury Court.

Article 7 provides for cases in which an extra fee is payable

Article 8 provides exemption for certain persons from fees.

Article 9 provides exemption in connection with estates exempt from inheritance tax.

Article 10 provides exemption relating to particular proceedings.

Article 11 provides for certain motions in the Sheriff Personal Injury Court to be exempted from fees.

Article 12 introduces Schedule 4 which revokes the Sheriff Court Fees Order 1997 together with amending Orders and provisions.

A Business and Regulatory Impact Assessment has been prepared for this Order and placed in the Scottish Parliament Information Centre. Copies can be obtained from the Scottish Government Justice Directorate, St Andrews House, Edinburgh EH1 3DG.