Act of Sederunt (Fees of Sheriff Officers) 2004
S.S.I. 2004/513 · Made 29 November 2004
SHERIFF COURT
Made 29th November 2004
Laid before the Scottish Parliament 30th November 2004
Coming into force 1st January 2005
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 1907f1, section 6 of the Execution of Diligence (Scotland) Act 1926f2 and of all other powers enabling them in that behalf, do hereby enact and declare:
Annotations to the whole text
Footnotes
- f1
-
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.
- f2
Contents
- 1Citation and commencement
- 2Amendment of fees and regulations
- Signature
- Schedule TABLE OF FEES
- Explanatory note
1Citation and commencement
This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 2004 and shall come into force on 1st January 2005.
This Act of Sederunt shall be inserted in the Books of Sederunt.
2Amendment of fees and regulations
Subject to sub-paragraph (3) below, the Table of Fees in the Schedule to this Act of Sederunt shall be substituted for the Table in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002f1.
Subject to sub-paragraph (3) below, in regulation 5 of Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 for “excluding postage, but including any recorded delivery costs exclusive of postage” there shall be substituted “including postage and any recorded delivery costs”.
Sub-paragraphs (1) and (2) shall apply to work carried out by a sheriff officer on or after 1st January 2005 but shall not affect the fees payable as respects any work so carried out before that date.
Signature
CULLEN OF WHITEKIRK
Lord President I.P.D.
Edinburgh
29th November 2004
TABLE OF FEES
| Summary Cause | Ordinary Cause | |||||
|---|---|---|---|---|---|---|
| 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 | 24.90 | 38.40 | 49.80 | 40.70 | 59.85 | 78.05 |
(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 | 8.35 | 8.35 | 8.35 | 13.60 | 13.60 | 13.60 |
(b) Postal service | 11.75 | 11.75 | 11.75 | 19.85 | 19.85 | 19.85 |
(c) Postal diligence | 18.15 | 18.15 | 18.15 | 29.90 | 29.90 | 29.90 |
2. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and anti-social behaviour orders under the Crime and Disorder Act 1998) | ||||||
(a) Interdict only | ||||||
(i) each person at a different address | 112.00 | 112.00 | 112.00 | |||
(ii) each additional person at the same address | 24.65 | 24.65 | 24.65 | |||
(b) Interdict and service | ||||||
(i) each person at a different address | 125.75 | 125.75 | 125.75 | |||
(ii) each additional person at the same address | 38.30 | 38.30 | 38.30 | |||
3. Attachments | ||||||
(a) Serving notice of entry | 5.50 | 5.50 | 5.50 | 8.45 | 8.45 | 8.45 |
(b) Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 43.35 | 43.35 | 43.35 | 63.40 | 63.40 | 63.40 |
(c) Arranging and executing attachment where appraised value is – | ||||||
(i) £523 or under | 74.25 | 74.25 | 74.25 | 74.25 | 74.25 | 74.25 |
(ii) over £523 and up to £2,099 | 115.10 | 115.10 | 115.10 | 115.10 | 115.10 | 115.10 |
(iii) over £2,099 and up to £21,140 – 10% of the appraised value | ||||||
(iv) over £21,140 and up to £105,688 – 10% of the first £21,140, 5% thereafter | ||||||
(v) over £105,688 –10% of the first £21,140, 5% thereafter up to £105,688 and 1% thereafter | ||||||
(d) Reporting attachment | 7.10 | 7.10 | 7.10 | 7.10 | 7.10 | 7.10 |
4. Attachment of motor vehicles, heavy plant or machinery | ||||||
(a) Arranging and executing attachment where appraised value is – | ||||||
(i) £523 or under | 74.25 | 74.25 | 74.25 | 74.25 | 74.25 | 74.25 |
(ii) over £523 and up to £2,322 | 115.10 | 115.10 | 115.10 | 115.10 | 115.10 | 115.10 |
(iii) over £2,322 and up to £105,688 – 5% of the appraised value | ||||||
(iv) over £105,688 – 5% of the first £105,688 and 1% thereafter | ||||||
(b) Reporting attachment | 7.10 | 7.10 | 7.10 | 7.10 | 7.10 | 7.10 |
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 | 40.35 | 40.35 | 40.35 | 60.55 | 60.55 | 60.55 |
(b) Arranging and effecting sequestration where the appraised value is – | ||||||
(i) £523 or under | 71.30 | 71.30 | 71.30 | |||
(ii) over £523 and up to £2,099 | 112.00 | 112.00 | 112.00 | |||
(iii) over £2,099 as 3(c)(iii) above | ||||||
(c) arranging and effecting ordinary sequestrations or poinding of the ground | 112.00 | 112.00 | 112.00 | |||
(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 | 18.35 | 18.35 | 18.35 | 18.35 | 18.35 | 18.35 |
(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 | 40.35 | 40.35 | 40.35 | 60.55 | 60.55 | 60.55 |
(ii) Officer and witness attending auction | 112.00 | 112.00 | 112.00 | 112.00 | 112.00 | 112.00 |
7. Ejections | ||||||
(a) Arranging ejection | 40.35 | 40.35 | 40.35 | 60.55 | 60.55 | 60.55 |
(b) Arranging and executing ejection | 82.90 | 82.90 | 82.90 | 94.05 | 94.05 | 94.05 |
8. Taking possession of effects | ||||||
(a) Arranging possession | 40.35 | 40.35 | 40.35 | 60.55 | 60.55 | 60.55 |
(b) Arranging and effecting possession | 82.90 | 82.90 | 82.90 | 112.00 | 112.00 | 112.00 |
9. Apprehensions | ||||||
(a) Arranging apprehension | 60.55 | 60.55 | 60.55 | |||
(b) Arranging and apprehending | 112.00 | 112.00 | 112.00 | |||
10. Taking possession of a child | ||||||
(a) Arranging to take possession | 60.55 | 60.55 | 60.55 | |||
(b) Arranging and taking possession of a child | 112.00 | 112.00 | 112.00 | |||
11. Arresting vessels, aircraft and cargo | ||||||
(a) Arranging to arrest | 40.35 | 40.35 | 40.35 | 60.55 | 60.55 | 60.55 |
(b) Arranging and effecting arrestment | 101.85 | 101.85 | 101.85 | 185.15 | 185.15 | 185.15 |
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 | 14.00 | 14.00 | 14.00 | 14.00 | 14.00 | 14.00 |
(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | 7.10 | 7.10 | 7.10 | 7.10 | 7.10 | 7.10 |
(c) Arranging locksmith or tradesman to be in attendance | 4.55 | 4.55 | 4.55 | 4.55 | 4.55 | 4.55 |
(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 | 14.00 | 14.00 | 14.00 | 14.00 | 14.00 | 14.00 |
(e) Executing warrant to open lockfast places | 14.00 | 14.00 | 14.00 | 14.00 | 14.00 | 14.00 |
(f) Time | ||||||
(i) with witness –£22.50 per unit | ||||||
(ii) without witness – £16.80 per unit | ||||||
(g) Photocopies | ||||||
(i) first page document – £1.60 | ||||||
(ii) subsequent pages – per page – £0.80 | ||||||
Explanatory note
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Schedule to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002 by increasing the fees payable to sheriff officers by 3.7% with effect from 1st January 2005. It also amends the general regulations set out in that Schedule so as to entitle sheriff officers to payment under those regulations in respect of postage.