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Statutory Instruments of the Scottish Parliament |
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You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2011 No. 432 URL: http://www.bailii.org/scot/legis/num_reg/2011/ssi_2011432_en_1.html |
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Scottish Statutory Instruments
Sheriff Court
Made
6th December 2011
Laid before the Scottish Parliament
8th December 2011
Coming into force
23rd January 2012
1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2011 and comes into force on 23rd January 2012.
(2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.
2.-(1) Subject to subparagraph (6), Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002(3) is amended in accordance with the following subparagraphs.
(2) For General Regulation 3 substitute-
"3. Fees in relation to service or intimation of a document, citation of a person or diligence which is executed in a remote rural area shall be surcharged by the levying of an additional fee of 30 per cent of the fee specified in the Table of Fees.".
(3) After General Regulation 3 insert-
"3A. Where the value of an action is over £100,000 the fees specified in the Table of Fees at Item 1(a), 2, 3(b) and 12 shall be surcharged by the levying of an additional fee of 0.01 percent of the value of the action.".
(4) In General Regulation 17, after the definition of "postal service" insert-
""remote rural area" means a settlement with a population of less than 3,000 people, and with a drive time of over 30 minutes to a settlement with a population of 10,000 people or more(4).".
(5) For the Table of Fees substitute the Table of Fees in the Schedule to this Act of Sederunt.
(6) Subparagraphs (2) to (5) shall apply only to work carried out by a sheriff officer on or after 23rd January 2012 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
6th December 2011
Paragraph 2(5)
| Column A | Column B | |
|---|---|---|
| Item | £ | £ |
1. Service or intimation of a document | ||
(a) Service | ||
(i) each person at a different address | 47.85 | 74.60 |
(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 | 10.40 | 16.85 |
(b) Postal service | 14.65 | 24.75 |
(c) Postal diligence | 22.70 | 37.25 |
2. Inhibitions | ||
(a) Inhibitions only | ||
(i) each person at a different address | 61.65 | 95.40 |
(ii) each additional person at the same address | 19.85 | 30.70 |
(b) Inhibition and service | ||
(i) each person at a different address | 71.95 | 111.20 |
(ii) each additional person at the same address | 31.25 | 48.30 |
(c) Inhibition, service and interdict | ||
(i) each person at a different address | 184.70 | |
(ii) each additional person at the same address | 78.60 | |
3. 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 | 139.45 | |
(ii) each additional person at the same address | 30.70 | |
(b) Interdict and service | ||
(i) each person at a different address | 156.70 | |
(ii) each additional person at the same address | 47.75 | |
4. Attachments | ||
(a) Service notice of entry | 6.85 | 10.55 |
(b) Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 54.00 | 79.00 |
(c) Arranging and executing attachment where appraised value is- | ||
(i) £651 or under | 92.50 | 92.50 |
(ii) over £651 and up to £2,615 | 143.40 | 143.40 |
(iii) over £2,615 and up to £26,339 -� 10% of the appraised value | ||
(iv) over £26,339 and up to £131,682 -� 10% of the first £26,339, 5% thereafter | ||
(v) over £131,682 -� 10% of the first £26,339, 5% thereafter up to £131,682 and 1% thereafter | ||
(d) Reporting attachment | 8.80 | 8.80 |
5. Attachment of motor vehicles, heavy plant or machinery | ||
(a) Arranging and executing attachment where appraised value is- | ||
(i) £651 or under | 92.50 | 92.50 |
(ii) over £651 and up to £2,893 | 143.40 | 143.40 |
(iii) over £2,893 and up to £131,682 -� 5% of the appraised value | ||
(iv) over £131,682 -� 5% of the first £131,682 and 1% thereafter | ||
(b) Reporting attachment | 8.80 | 8.80 |
6. Money attachments under the Act of 2007 | ||
(a) Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 54.00 | 79.00 |
(b) Arranging and executing attachment, including removal of attached money, where value of money is- | ||
(i) £651 or under | 92.50 | 92.50 |
(ii) over £651 and up to £2,615 | 143.40 | 143.40 |
(iii) over £2,615 and up to £26,339 -� 10% of the value | ||
(iv) over £26,339 and up to £131,682 -� 10% of the first £26,339, 5% thereafter | ||
(v) over £131,682 -� 10% of the first £26,339, 5% thereafter up to £131,682 and 1% thereafter | ||
(c) Reporting attachment | 8.80 | 8.80 |
7. Auctions | ||
(a) Arranging auction, preparing advertisement and giving public notice | 22.90 | 22.90 |
(b) 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 | ||
(c) Officer and witness attending auction but auction not executed for whatever reason | 50.30 | 75.50 |
(d) Officer and witness attending auction | 139.45 | 139.45 |
8. Ejections | ||
(a) Arranging ejection | 50.30 | 75.50 |
(b) Arranging and executing ejection | 103.30 | 117.20 |
9. Taking possession of effects | ||
(a) Arranging possession | 50.30 | 75.50 |
(b) Arranging and effecting possession | 103.30 | 139.45 |
10. Apprehensions | ||
(a) Arranging apprehension | 75.50 | |
(b) Arranging and apprehending | 139.45 | |
11. Taking possession of a child | ||
(a) Arranging to take possession | 75.50 | |
(b) Arranging and taking possession of each child | 139.45 | |
12. Arresting vessels, aircraft and cargo | ||
(a) Arranging to arrest | 50.30 | 75.50 |
(b) Arranging and effecting arrestment | 126.90 | 230.70 |
13. Miscellaneous | ||
(a) Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment | 17.50 | 17.50 |
(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | 8.80 | 8.80 |
(c) Arranging locksmith or tradesman to be in attendance | 5.60 | 5.60 |
(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 | 17.50 | 17.50 |
(e) Executing warrant to open lockfast places | 17.50 | 17.50 |
(f) Time | ||
(i) with witness - £28.10 per unit | ||
(ii) without witness - £20.95 per unit | ||
(g) Photocopies | ||
(i) first page document - £1.95 | ||
(ii) subsequent pages -� per page £1.10 | ||
(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.
Paragraph 2(2) amends the General Regulations in relation to the fees of sheriff officers in remote rural areas.
Paragraph 2(3) amends the General Regulations in relation to the fees of sheriff officers where the value of the action is over £100,000.
Paragraph 2(4) amends the General Regulations in relation to the definition of a remote rural area.
Paragraph 2(5) substitutes a new Table of Fees increasing the fees payable to sheriff officers by 3.8%.
The changes only apply to work carried out on or after 23rd January 2012.
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; the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c.12, Schedule 1, paragraph 7 and Schedule 2; and by S.S.I. 2011/396, article 3.
S.S.I. 2002/567, amended by S.S.I. 2003/538, 2004/513, 2005/583, 2006/539, 2007/550, 2008/430, 2009/379 and 2011/47.
The definition of "remote rural area" comes from the Scottish Government Urban/Rural Classification 2009-2010, published by the Office of the Chief Statistician, August 2010.
