# Act of Sederunt (Fees of Sheriff Officers) 2004

S.S.I. 2004/513 · made 29 November 2004

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.

Made under: 1907 c. 51 (Section 40); 1926 c. 16 (Section 6)

PDFs: Printed copy https://openlegislation.uk/act-of-sederunt-fees-of-sheriff-officers-2004/pdf/ssi_20040513_en.pdf

## Introductory text

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 1907, section 6 of the Execution of Diligence (Scotland) Act 1926 and of all other powers enabling them in that behalf, do hereby enact and declare:

## 1 Citation and commencement

(1) 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.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

## 2 Amendment of fees and regulations

(1) 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) 2002.
(2) 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”.
(3) 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.

---
Source: https://www.legislation.gov.uk/ssi/2004/513 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-fees-of-sheriff-officers-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.