The Sheriff Court Fees Order 1997

Citation and commencement

1.  This Order may be cited as the Sheriff Court Fees Order 1997 and shall come into force on 1st April 1997.

Interpretation

2.—(1) In this Order, unless the context otherwise requires–

• “extract decree” includes any duly authenticated extract of an order made by the sheriff in respect of any licence, appointment, discharge or like matter;

• “minute” means–

  (a)

  a minute in terms of rule 14.2 of the Ordinary Cause Rules 1993(1); or

  (b)

  in the case of a cause commenced before 1st January 1994, a minute lodged under the Ordinary Cause Rules 1983(2) other than–

  (i)

  a joint minute;

  (ii)

  a minute of amendment;

  (iii)

  a minute of abandonment;

  (iv)

  a minute of admission;

  (v)

  a minute of agreement;

  (vi)

  a minute of tender or acceptance of tender; and

  (vii)

  a minute for decree in absence;

• “motion” means–

  (a)

  a written motion to which Chapter 15 of the Ordinary Cause Rules 1993 applies;

  (b)

  a written motion made in an undefended family action in terms of Chapter 33 of the Ordinary Cause Rules 1993 in which no notice of intention to defend has been lodged; or

  (c)

  in the case of a cause commenced before 1st January 1994, a written motion made under the Ordinary Cause Rules 1983;

• “sheriff clerk” includes the Sheriff Clerk of Chancery, the Commissary Clerk of Edinburgh and sheriff clerk depute;

• “small claim” has the meaning assigned to it by the Small Claims (Scotland) Order 1988(3);

• “summary cause” has the meaning assigned to it by section 35(1) of the Sheriff Courts (Scotland) Act 1971(4);

• “Table of Fees” means the Table of Fees specified in Schedule 1 to this Order;

• “writ” means any document containing written pleadings relating to proceedings in the sheriff court and includes an inventory of estate, a precept of arrestment on a liquid document of debt, a notice of intention to defend and a notice of appearance lodged in an action of multiplepoinding under rule 35.8 of the Ordinary Cause Rules 1993.

(2) For the purpose of any reference in this Order to a defender, compearer or party, any defenders, compearers or parties who have the same interest and who lodge, or are preparing to lodge, a writ in their joint names shall be treated as a single defender, compearer or party.

(3) The fees payable in respect of the matters referred to in paragraphs 22, 23 and 28 of the Table of Fees shall be payable on one occasion only in respect of a cause.

Fees payable to sheriff clerk

3.  Subject to articles 4 to 10 of this Order, the fees payable to the sheriff clerk or the auditor of court in respect of the matters specified in column 1 of the Table of Fees shall be the fees specified in relation to those matters in column 2 of that Table (the fees previously payable being shown in column 3 of that Table).

Matters included in fees

4.—(1) The matters specified in paragraphs 1, 6 to 8, 14, 20 and 21 of the Table of Fees include, where appropriate, issue of an extract decree.

(2) The matters specified in paragraphs 11 and 30 of the Table of Fees include, where appropriate, the issue of extracts and the matter specified in the said paragraph 11 also includes, where appropriate, the issue of an abbreviate.

(3) The matter specified in paragraph 6 of the Table of Fees does not include, in the case of an application for registration or renewal of registration of a club or miners' welfare institute under the Gaming Act 1968(5), the registration or renewal of registration upon such application.

Cases in which an extra fee is payable

5.—(1) When a summary cause is remitted to the ordinary cause roll, the fees specified in paragraphs 6 and 20 of the Table of Fees shall become payable in respect of the cause by the persons who would have been required to pay them if the cause had been from its commencement an ordinary cause, less the amount of any fee previously paid by the person concerned in respect of the cause.

(2) When any commissary proceedings, bankruptcy proceedings or proceedings under section 4 of the Requirements of Writing (Scotland) Act 1995(6) are opposed, the fees specified in paragraphs 6 and 20 of the Table of Fees shall become payable in respect of the proceedings by the persons who would have been required to pay them if the proceedings had been from their commencement proceedings to which those paragraphs applied, less the amount of any fee previously paid by the person concerned in respect of the proceedings.

Exemption of Crown from fees under this Order

6.  The fees regulated by this Order shall not 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.

Exemption of certain persons from fees in simplified divorce applications

7.  The fees specified in paragraphs 8 and 31 of the Table of Fees shall not be payable by a person making a simplified divorce application who is in receipt of–

(a) income support or family credit under Part VII of the Social Security Contributions and Benefits Act 1992(7);

(b) an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995(8)); or

(c) advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986(9) in respect of the simplified divorce application.

Modification of fees under this Order

8.  Where the estate of a deceased person is exempt from inheritance tax by virtue of section 154 of the Inheritance Tax Act 1984(10) (death on active service etc.), the fee payable in respect of an inventory of that estate under paragraph 3(a), (b) or (c) of the Table of Fees shall, where that fee would amount to more than £2.00, be restricted to £2.00.

Proceedings to which fees under this Order do not apply

9.—(1) The fees regulated by this Order do not apply to–

(a) any application under–

(i) any enactment relating to registration of births, deaths and marriages;

(ii) Part III of the Social Work (Scotland) Act 1968(11); or

(iii) the Mental Health (Scotland) Act 1984(12); or

(b) any application or appeal under Part II of the Children (Scotland) Act 1995(13).

(2) Except in relation to the fee specified in paragraph 37 of the Table of Fees, the fees otherwise payable by a debtor or creditor in terms of this Order shall not apply to any proceedings under the Debtors (Scotland) Act 1987(14).

10.  Paragraphs 14(d), 22 to 25, 27 and 28 of the Table of Fees shall not apply to causes commenced before 1st January 1994.

Revocations

11.  The Orders specified in Schedule 2 to this Order are hereby revoked.

James Douglas-Hamilton

Minister of State, Scottish Office

St Andrew’s House,

Edinburgh

27th February 1997

We concur,

Patrick McLoughlin

Bowen Wells

Two of the Lords Commissioners of Her Majesty’s Treasury

4th March 1997