2018 No. 82
Sheriff Appeal Court

The Sheriff Appeal Court Fees Order 2018

Made
Laid before the Scottish Parliament
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by section 107(1) and (2) of the Courts Reform (Scotland) Act 20141 and all other powers enabling them to do so.

Citation, commencement and effect1.

(1)

This Order may be cited as the Sheriff Appeal Court Fees Order 2018 and, subject to paragraphs (2) and (3), comes into force on 25th April 2018.

(2)

Article 2(1)(b) and schedule 2 come into force, and article 2(1)(a) and schedule 1 cease to have effect, on 1st April 2019.

(3)

Article 2(1)(c) and schedule 3 come into force, and article 2(1)(b) and schedule 2 cease to have effect, on 1st April 2020.

Fees payable in the Sheriff Appeal Court2.

(1)

Subject to paragraph (3) and articles 3 to 6—

(a)

the fees payable in the Sheriff Appeal Court in respect of the matters specified in column 1 of the Table of Fees in schedule 1 (table of fees payable from 25th April 2018) are the fees specified in relation to those matters in column 2 of that Table;

(b)

the fees payable in the Sheriff Appeal Court in respect of the matters specified in column 1 of the Table of Fees in schedule 2 (table of fees payable from 1st April 2019) are the fees specified in relation to those matters in column 2 of that Table; and

(c)

the fees payable in the Sheriff Appeal Court in respect of the matters specified in column 1 of the Table of Fees in schedule 3 (table of fees payable from 1st April 2020) are the fees specified in relation to those matters in column 2 of that Table.

(2)

The fees payable under this Order are to be paid to the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court.

(3)

The fees provided for by this Order are not 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.

(4)

No act is required of the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court in connection with a matter specified in relation to any fee prior to—

(a)

the payment of that fee; or

(b)

an arrangement being entered into for payment of that fee.

Exemption of certain persons from fees: legal aid3.

A fee specified by this Order is not payable by a person if—

(a)

the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 19862 in respect of the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable;

(b)

the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application; or

(c)

the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in schedule 1, 2 or 3 in connection with which the fee is payable on the basis of any regulations made under section 36(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.

Exemption of certain persons from fees: social security4.

(1)

A fee specified by this Order is not payable by a person if—

(a)

the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 19923;

(b)

the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 19954;

(c)

the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 20025;

(d)

the person or the person’s partner is in receipt of working tax credit, provided that—

(i)

child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 20026) which includes the party; or

(ii)

there is a disability element or severe disability element (or both) to the tax credit received by the party;

and that the gross annual income taken into account for the calculation of the working tax credit is £18,000 or less;

(e)

the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 20077;

(f)

the person is in receipt of universal credit under Part 1 of the Welfare Reform Act 20128; or

(g)

the person or the person’s partner has, within the period of 3 months prior to the date the specified fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 20159.

(2)

In this article, “partner” means a person to whom a person is married or with whom the person is in a civil partnership.

Exemptions relating to particular proceedings5.

(1)

The fees provided for by this Order do not apply to any appeal to the Sheriff Appeal Court under or by virtue of the Children’s Hearings (Scotland) Act 201110.

(2)

The fees provided for by this Order do not apply to a debtor or creditor in any appeal to the Sheriff Appeal Court under the Debtors (Scotland) Act 198711 or the Debt Arrangement and Attachment (Scotland) Act 200212.

Exemptions for applicants for certain interdicts and orders6.

The fees provided for by this Order are not payable by the applicant in any appeal in connection with proceedings in respect of which the applicant would not be required to pay fees in the sheriff court by virtue of article 12(1) of the Sheriff Court Fees Order 201813 (exemptions for applicants for certain interdicts and orders).

Revocation7.

The Sheriff Appeal Court Fees Order 201514 is revoked.
ANNABELLE EWING
Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

SCHEDULE 1TABLE OF FEES

Article 2(1)(a)

Payable from 25th April 2018

Column 1

Column 2

Column 3

(Matters)

(Fee Payable) £

(Fee Formerly Payable)15 £

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

(NOTE: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)

49

48

2. Fixing of a hearing—

  1. (a)
    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules16 (standard appeal procedure);

55

54

  1. (a)

    under rule 27.2 (accelerated appeal procedure);

55

54

  1. (a)

    under rule 28.13(3)(a) (application for a new jury trial);

55

54

  1. (a)

    under rule 29.2(2) (appeal from summary cause);

55

54

  1. (a)
    under rule 16.4(1) of the Simple Procedure Rules17 (appeal from simple procedure case).

55

54

(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)

3. Lodging—

  1. (a)

    an appeal in a cause other than a summary cause or simple procedure case;

116

113

  1. (a)

    a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);

116

113

  1. (a)

    an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;

116

113

  1. (a)

    an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.

116

-

4. Hearing fee per day or part thereof (bench of 1) for hearings—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;

232

22718
  1. (a)

    under rule 27.2;

232

227

  1. (a)

    under rule 28.13(3)(a);

232

227

  1. (a)

    under rule 29.2(2);

232

227

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules.

232

227

5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;

581

56819
  1. (a)

    under rule 27.2;

581

568

  1. (a)

    under rule 28.13(3)(a);

581

568

  1. (a)

    under rule 29.2(2);

581

568

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules.

581

568

6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—

  1. (a)

    by photocopying or otherwise producing a printed or typed copy—

  1. (i)

    each document, up to 10 pages;

7

6

  1. (i)

    each further page or part thereof in excess of 10 pages;

0.5

0.5

  1. (a)

    for a copy of each document in electronic form.

7

6

7. Any search of records or archives, per 30 minutes or part thereof.

13

12

In addition, correspondence fee where applicable.

13

12

8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—

  1. (a)

    lodging account for taxation;

44

43

  1. (a)

    taxing accounts of expenses etc.—

  1. (i)

    up to £400;

21

20

  1. (i)

    for every additional £100 or part thereof.

5

5

(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)

  1. (a)

    cancellation of diet of taxation—

  1. (i)

    where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

  1. (i)

    where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.

75% of fee that would have been payable under sub-paragraph (b) of this paragraph

75% of fee that would have been payable under sub-paragraph (b) of this paragraph

SCHEDULE 2TABLE OF FEES

Article 2(1)(b)

Payable from 1st April 2019

Column 1

Column 2

Column 3

(Matters)

(Fee Payable) £

(Fee Formerly Payable)20 £

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

(NOTE: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)

50

49

2. Fixing of a hearing—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure);

56

55

  1. (a)

    under rule 27.2 (accelerated appeal procedure);

56

55

  1. (a)

    under rule 28.13(3)(a) (application for a new jury trial);

56

55

  1. (a)

    under rule 29.2(2) (appeal from summary cause);

56

55

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case).

56

55

(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)

3. Lodging—

  1. (a)

    an appeal in a cause other than a summary cause or simple procedure case;

118

116

  1. (a)

    a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);

118

116

  1. (a)

    an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;

118

116

  1. (a)

    an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.

118

116

4. Hearing fee per day or part thereof (bench of 1) for hearings—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;

237

232

  1. (a)

    under rule 27.2;

237

232

  1. (a)

    under rule 28.13(3)(a);

237

232

  1. (a)

    under rule 29.2(2);

237

232

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules.

237

232

5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;

593

581

  1. (a)

    under rule 27.2;

593

581

  1. (a)

    under rule 28.13(3)(a);

593

581

  1. (a)

    under rule 29.2(2);

593

581

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules.

593

581

6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—

  1. (a)

    by photocopying or otherwise producing a printed or typed copy—

  1. (i)

    each document, up to 10 pages;

7

7

  1. (i)

    each further page or part thereof in excess of 10 pages;

0.5

0.5

  1. (a)

    for a copy of each document in electronic form.

7

7

7. Any search of records or archives, per 30 minutes or part thereof.

13

13

In addition, correspondence fee where applicable.

13

13

8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—

  1. (a)

    lodging account for taxation;

45

44

  1. (a)

    taxing accounts of expenses etc.—

  1. (i)

    up to £400;

21

21

  1. (i)

    for every additional £100 or part thereof.

5

5

(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)

  1. (a)

    cancellation of diet of taxation—

  1. (i)

    where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

  1. (i)

    where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.

75% of fee that would have been payable under sub-paragraph (b) of this paragraph

75% of fee that would have been payable under sub-paragraph (b) of this paragraph

SCHEDULE 3TABLE OF FEES

Article 2(1)(c)

Payable from 1st April 2020

Column 1

Column 2

Column 3

(Matters)

(Fee Payable) £

(Fee Formerly Payable)21 £

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

(NOTE: Where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)

51

50

2. Fixing of a hearing—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules (standard appeal procedure);

57

56

  1. (a)

    under rule 27.2 (accelerated appeal procedure);

57

56

  1. (a)

    under rule 28.13(3)(a) (application for a new jury trial);

57

56

  1. (a)

    under rule 29.2(2) (appeal from summary cause);

57

56

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case).

57

56

(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)

3. Lodging—

  1. (a)

    an appeal in a cause other than a summary cause or simple procedure case;

120

118

  1. (a)

    a cross-appeal under rule 7.3 of the Sheriff Appeal Court Rules (cross-appeals);

120

118

  1. (a)

    an application under section 69 or 71 of the Courts Reform (Scotland) Act 2014;

120

118

  1. (a)

    an application for permission to appeal to the Court of Session under section 113 of the Courts Reform (Scotland) Act 2014.

120

118

4. Hearing fee per day or part thereof (bench of 1) for hearings—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;

242

237

  1. (a)

    under rule 27.2;

242

237

  1. (a)

    under rule 28.13(3)(a);

242

237

  1. (a)

    under rule 29.2(2);

242

237

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules.

242

237

5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—

  1. (a)

    under rule 7.14(3)(a) of the Sheriff Appeal Court Rules;

605

593

  1. (a)

    under rule 27.2;

605

593

  1. (a)

    under rule 28.13(3)(a);

605

593

  1. (a)

    under rule 29.2(2);

605

593

  1. (a)

    under rule 16.4(1) of the Simple Procedure Rules.

605

593

6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—

  1. (a)

    by photocopying or otherwise producing a printed or typed copy—

  1. (i)

    each document, up to 10 pages;

7

7

  1. (i)

    each further page or part thereof in excess of 10 pages;

0.5

0.5

  1. (a)

    for a copy of each document in electronic form.

7

7

7. Any search of records or archives, per 30 minutes or part thereof.

13

13

In addition, correspondence fee where applicable.

13

13

8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—

  1. (a)

    lodging account for taxation;

46

45

  1. (a)

    taxing accounts of expenses etc.—

  1. (i)

    up to £400;

21

21

  1. (i)

    for every additional £100 or part thereof.

5

5

(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)

  1. (a)

    cancellation of diet of taxation—

  1. (i)

    where written notice of cancellation received from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

50% of fee that would have been payable under sub-paragraph (b) of this paragraph

  1. (i)

    where written notice of cancellation received from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.

75% of fee that would have been payable under sub-paragraph (b) of this paragraph

75% of fee that would have been payable under sub-paragraph (b) of this paragraph

EXPLANATORY NOTE
(This note is not part of the Order)

This Order makes provision for the fees payable in the Sheriff Appeal Court, to the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk, or the auditor of the Sheriff Appeal Court.

Article 2 and schedules 1 to 3 specify fee levels payable in the Sheriff Appeal Court in respect of certain matters.

  • The fee levels for the period from 25th April 2018 until 31st March 2019 are given effect by the Table of Fees in schedule 1.

  • The fee levels for the period from 1st April 2019 until 31st March 2020 are given effect by substituting the Table of Fees in schedule 1 with the Table of Fees in schedule 2.

  • The fee levels from 1st April 2020 onwards are given effect by substituting the Table of Fees in schedule 2 with the Table of Fees in schedule 3.

Article 2(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 2(4) provides that the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court is 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.

Articles 3 and 4 exempt certain persons from payment of fees.

Article 5 exempts certain appeal proceedings under the Children’s Hearings (Scotland) Act 2011, the Debtors (Scotland) Act 1987 and the Debt Arrangement and Attachment (Scotland) Act 2002 from fees.

Article 6 exempts appeals as regards applications for certain interdicts and orders.

Article 7 revokes the Sheriff Appeal Court Fees Order 2015.

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.