Act of Sederunt (Fees of Sheriff Officers) 2007

Made

5th December 2007

Laid before the Scottish Parliament

7th December 2007

Coming into force

14th January 2008

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 1907(1), section 6 of the Execution of Diligence (Scotland) Act 1926(2) 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 Sheriff Officers) 2007 and shall come into force on 14th January 2008.

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

Amendment of fees

2.–(1) Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002(3) is amended in accordance with subparagraphs (2) to (4).

(2) After general regulation 1, insert-

"1A. Column A of the Table of Fees specifies the fees payable in relation to-

(a) a summary cause commenced before 14th January 2008; and

(b) a summary cause commenced on or after that date where the value of the claim when the cause is commenced is £1,500 or less (exclusive of interest and expenses).

1B. A summary cause falling within paragraph (c) of section 35(1) of the Sheriff Courts (Scotland) Act 1971 (actions ad factum praestandum and actions for the recovery of possession of heritable or moveable property)(4) falls within paragraph (b) of general regulation 1A where it contains no additional or alternative crave for decree for payment of money or where the value of such crave is £1,500 or less (exclusive of interest and expenses).

1C. Column B of the Table of Fees specifies the fees payable in relation to-

(a) a summary cause not falling within general regulation 1A; and

(b) an ordinary cause."

(3) In general regulation 15, for "in the Table of Fees for ordinary causes" substitute "column B of the Table of Fees".

(4) For the Table of Fees substitute the Table of Fees in the Schedule to this Act of Sederunt.

(5) This paragraph is subject to paragraph 3.

Application and saving provision

3. Paragraph 2 shall apply to work carried out by a sheriff officer on or after 14th January 2008 but shall not affect the fees payable as respects any work so carried out before that date.

A C HAMILTON

Lord President, I.P.D.

Edinburgh

5th December 2007

Paragraph 2(4)

SCHEDULE TABLE OF FEES

Column A

Column B

Item

Band 1

Band 2

Band 3

Band 1

Band 2

Band 3

1.
Service or intimation of a document
(a) Service
(i) each person at a different address	27.65	42.65	55.25	45.15	66.45	86.65
(ii) 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	9.25	9.25	9.25	15.05	15.05	15.05
(b) Postal service	13.05	13.05	13.05	22.05	22.05	22.05
(c) Postal diligence	20.20	20.20	20.20	33.20	33.20	33.20

2.
Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004)
(a) Interdict only
(i) each person at a different address	124.30	124.30	124.30
(ii) each additional person at the same address	27.35	27.35	27.35
(b) Interdict and service
(i) each person at a different address	139.65	139.65	139.65
(ii) each additional person at the same address	42.55	42.55	42.55

3.
Attachments
(a) Serving notice of entry	6.10	6.10	6.10	9.40	9.40	9.40
(b) Arranging attachment and endeavouring but being unable to execute the same for whatever reason	48.10	48.10	48.10	70.40	70.40	70.40
(c) Arranging and executing attachment where appraised value is-
(i) £580 or under	82.40	82.40	82.40	82.40	82.40	82.40
(ii) over £580 and up to £2,330	127.80	127.80	127.80	127.80	127.80	127.80
(iii) over £2,330 and up to £23,472 - 10% of the appraised value
(iv) over £23,472 and up to £117,348 - 10% of the first £23,472, 5% thereafter
(v) over £117,348 -10% of the first £23,472, 5% thereafter up to £117,348 and 1% thereafter
(d) Reporting attachment	7.85	7.85	7.85	7.85	7.85	7.85

4.
Attachment of motor vehicles, heavy plant or machinery
(a) Arranging and executing attachment where appraised value is-
(i) £580 or under	82.40	82.40	82.40	82.40	82.40	82.40
(ii) over £580 and up to £2,578	127.80	127.80	127.80	127.80	127.80	127.80
(iii) over £2,578 and up to £117,348 - 5% of the appraised value
(iv) over £117,348 - 5% of the first £117,348 and 1% thereafter
(b) Reporting attachment	7.85	7.85	7.85	7.85	7.85	7.85

5.
Sequestrations for rent, poinding of ground
(a) Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason	44.80	44.80	44.80	67.25	67.25	67.25
(b) Arranging and effecting sequestration where the appraised value is-
(i) £580 or under	79.15	79.15	79.15
(ii) over £580 and up to £2,330	124.30	124.30	124.30
(iii) over £2,330 as 3(c)(iii) above
(c) Arranging and effecting ordinary sequestrations or poinding of the ground				124.30	124.30	124.30
(d) Service - as in item 1(a) or (b) above, as the case may be

6.
Auctions
(a) (i) Arranging auction, preparing advertisement and giving public notice	20.40	20.40	20.40	20.40	20.40	20.40
(ii) 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
(b) (i) Officer and witness attending auction but auction not executed for whatever reason	44.80	44.80	44.80	67.25	67.25	67.25
(ii) Officer and witness attending auction	124.30	124.30	124.30	124.30	124.30	124.30

7.
Ejections
(a) Arranging ejection	44.80	44.80	44.80	67.25	67.25	67.25
(b) Arranging and executing ejection	92.05	92.05	92.05	104.45	104.45	104.45

8.
Taking possession of effects
(a) Arranging possession	44.80	44.80	44.80	67.25	67.25	67.25
(b) Arranging and effecting possession	92.05	92.05	92.05	124.30	124.30	124.30

9.
Apprehensions
(a) Arranging apprehension	67.25	67.25	67.25
(b) Arranging and apprehending	124.30	124.30	124.30

10.
Taking possession of a child
(a) Arranging to take possession	67.25	67.25	67.25
(b) Arranging and taking possession of each child	124.30	124.30	124.30

11.
Arresting vessels, aircraft and cargo
(a) Arranging to arrest	44.80	44.80	44.80	67.25	67.25	67.25
(b) Arranging and effecting arrestment	113.10	113.10	113.10	205.60	205.60	205.60

12.
Miscellaneous
(a) Making any report or application under the Act of 1987 or the Act of 2002 with the exception of reporting an attachment	15.55	15.55	15.55	15.55	15.55	15.55
(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002	7.85	7.85	7.85	7.85	7.85	7.85
(c) Arranging locksmith or tradesman to be in attendance	5.00	5.00	5.00	5.00	5.00	5.00
(d) Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor	15.55	15.55	15.55	15.55	15.55	15.55
(e) Executing warrant to open lockfast places	15.55	15.55	15.55	15.55	15.55	15.55
(f) Time
(i) with witness -£25.00 per unit
(ii) without witness - £18.70 per unit
(g) Photocopies
(i) first page document - £1.75
(ii) subsequent pages - per page - £0.95

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 making certain amendments of the general regulations and substituting a new Table of Fees.

Taken together, the amendments and the new Table of Fees preserve the existing distinction in fees payable based on whether the proceedings have a value of £1,500 or less. Without the amendments, the lower fee rates would apply to all summary causes which would mean that from 14th January 2008, they would apply to all new proceedings with a value of £5,000 or less (in consequence of the Sheriff Courts (Scotland) Act 1971 (Privative Jurisdiction and Summary Cause) Order 2007 (SSI 2007/507)).

The fee levels in the new Table of Fees represent an increase of 3.6% on the existing fees. This increase takes effect from 14th January 2008.

(1)

1907 c. 51; section 40 was amended by the Sheriff Courts (Scotland) Act 1913 c. 28, Schedule 1; the Secretaries of State Act 1926 c. 18, section 1(3); the Administration of Justice (Scotland) Act 1933 c. 41, Schedule; and the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c. 12, Schedule 1, paragraph 7 and Schedule 2. Back [1]

(2)

1926 c. 16. Section 6 will be amended by paragraph 7(4) of schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) when that provision comes into force. Back [2]

(3)

S.S.I. 2002/567, amended by S.S.I. 2003/538, S.S.I. 2004/513, S.S.I. 2005/583 and S.S.I. 2006/539. Back [3]

(4)

1971 c. 58. Section 35(1)(c) was amended by S.I. 1976/900 and S.I. 1981/842 and will be amended on 14th January 2008 by S.S.I. 2007/507. Back [4]