Explanatory note

This Order alters the fees payable to sheriffs for executing writs of possession of property in four substantive ways. First, it alters the basis for calculating fees in respect of domestic property to take account of the abolition of domestic rating by the Local Government Finance Act 1988. Where a value for the whole or any part of the property is ascertainable from the valuation list in force immediately before 1 April 1990, when the abolition occurred, and the property was domestic property at that time, that value will form the basis for calculating the fee in respect of the property or the relevant part of it. Otherwise, the fee will be calculated by reference to the value by the year of the property or the relevant part of it.

Secondly, the fee charged on the value for rating purposes of non-domestic property is changed from 3% to 0.4% to reflect the revaluation of such property under the 1988 Act.

Thirdly, the fee is fixed at 0.4% whenever the base is value by the year.

Fourthly, where there is a dispute about the calculation of the fee, or certain other fees to be taken by sheriffs, in an individual case the order enables the court to settle the dispute.