Act of Sederunt (Fees of Witnesses in the Sheriff Court) (Amendment) 1999

Statutory Instruments

1999 No. 188 (S.10)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Fees of Witnesses in the Sheriff Court) (Amendment) 1999

Made

27th January 1999

Laid before Parliament

2nd February 1999

Coming into force

1st March 1999

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 40 of the Sheriff Courts (Scotland) Act 1907((1) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Witnesses in the Sheriff Court) (Amendment) 1999 and shall come into force on 1st March 1999.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Increase in fees

2.  In the table of fees set out in Schedule 1 to the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992((2) in the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts respectively specified in column 2, substitute the amounts so specified in column 3.

Saving

3.  Paragraph 2 does not affect such fees as are incurred before 1st March 1999.

Rodger of Earlsferry

Lord President I.P.D.

Edinburgh,

27th January 1999.

Paragraph 2.

SCHEDULE

(1)	(2)	(3)
Provision of Schedule 1	Old fee (£)	New fee (£)
Paragraph 1 (managers, executives and officers in HM Forces and merchant shipping)	140.00	160.00
Paragraph 2 (professional persons)
(a)(i)	98.00	108.00
(ii)	56.00	62.00
(iii)	168.00	175.00
(b)(i)	168.00	175.00
Paragraph 3 (other persons)
(a)	52.00	58.00
(b)	29.00	33.00
Paragraph 4 (persons other than those mentioned in paragraphs 1 to 3)	14.00	20.00
Paragraph 6 (subsistence allowance)
(a)	7.00	10.00
(b)	14.00	20.00
(c)	70.00	115.00

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt provides for an increase of about 10% in the fees payable to witnesses in civil proceedings in the sheriff court (and an increase of about 65% in the overnight allowance so payable) by amending the table of fees set out in Schedule 1 to the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992. The last increase was in the Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992 (S.I. 1992/1878).

(1)

1907 c. 51; section 40 was amended by section 1(3) of the Secretaries of State Act 1926 (c. 18); the Schedule to the Administration of Justice (Scotland) Act 1933 (c. 41); and paragraph 7 of Schedule 1 to, and Schedule 2 to, the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12).

(2)

S.I. 1992/1878; there are no relevant amendments of Schedule 1.