Explanatory note

This Order amends the Sheriff Court Fees Order 1985 by specifying new fee levels in substitution for those applicable since 1st January 1994. Many fee levels remain unchanged and the increases represent an average of 4%.

A fee is payable for the first time for applications in terms of section 4 of the Requirements of Writing (Scotland) Act 1995 and the fee for copying and extracting in respect of commissary proceedings is reduced when a subsequent duplicate confirmation, confirmation and will or will is ordered at the same time as the first copy. The 1985 Order is amended for the purpose of clarification and in particular places beyond doubt that the fee to be paid on the lodging of a certified copy record, on the lodging of a certified closed record and the endorsing of a minute seeking decree in certain undefended family actions is payable on one occasion only in respect of a cause. The 1985 Order is also amended in making consequential amendments.