- Scottish Statutory Instrument 2002 No. 515
Act of Sederunt (Fees of Sheriff Officers) 2002
© Crown Copyright 2002
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Act of Sederunt (Fees of Sheriff Officers) 2002, ISBN 0 11061722 3. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail:customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 21st November 2002 | ||
| Laid before the Scottish Parliament | 25th November 2002 | ||
| Coming into force | 1st January 2003 |
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[1], section 6 of the Execution of Diligence (Scotland) Act 1926[2] and of all other powers enabling them in that behalf, do hereby enact and declare:-
Citation and commencement
1. - (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Sheriff Officers) 2002 and shall come into force on 1st January 2003.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2. - (1) Subject to sub-paragraph (2) 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) 1994[3] and shall apply to work carried out by a sheriff officer on or after 1 January 2003.
(2) Sub-paragraph (1) does not affect the fees payable as respects any work so carried out before 1 January 2003.
W. Douglas Cullen
Lord President I.P.D.
Edinburgh
21st November 2002
| Item | Summary Cause | Ordinary Cause | ||||
| Band 1 | Band 2 | Band 3 | Band 1 | Band 2 | Band 3 | |
1.
Service or intimation of a document
|
||||||
|
(i) each person at a different address |
£23.25 | £35.90 | £46.50 | £38.05 | £55.90 | £72.90 |
|
(ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 |
£7.80 | £7.80 | £7.80 | £12.70 | £12.70 | £12.70 |
|
(b) Postal service |
£11.25 | £11.25 | £11.25 | £18.80 | £18.80 | £18.80 |
|
(c) Postal diligence |
£17.20 | £17.20 | £17.20 | £28.20 | £28.20 | £28.20 |
2.
Interdicts
|
||||||
|
(i) each person at a different address |
£104.65 | £104.65 | £104.65 | |||
|
(ii) each additional person at the same address |
£23.00 | £23.00 | £23.00 | |||
|
(b) Interdict and service |
||||||
|
(i) each person at a different address |
£117.50 | £117.50 | £117.50 | |||
|
(ii) each additional person at the same address |
£35.80 | £35.80 | £35.80 | |||
|
3.
Poindings |
||||||
|
(a) Serving notice of entry |
£5.15 | £5.15 | £5.15 | £7.90 | £7.90 | £7.90 |
|
(b) Arranging poinding and endeavouring but being unable to execute same for whatever reason |
£40.50 | £40.50 | £40.50 | £59.25 | £59.25 | £59.25 |
|
(c) Arranging and executing poinding where appraised value is- |
||||||
|
(i) £488 or under |
£69.40 | £69.40 | £69.40 | £69.40 | £69.40 | £69.40 |
|
(ii) Over £488 and up to £1,961 |
£107.55 | £107.55 | £107.55 | £107.55 | £107.55 | £107.55 |
|
(iii) Over £1,961 and up to £19,754 - 10% of the appraised value |
||||||
|
(iv) Over £19,754 and up to £98,757 - 10% of the first £19,754, 5% thereafter |
||||||
|
(v) Over £98,757 - 10% of the first £19,754, 5% thereafter up to £98,757 and 1% thereafter |
||||||
|
(d) Reporting poinding |
£6.65 | £6.65 | £6.65 | £6.65 | £6.65 | £6.65 |
4.
Poindings of motor vehicles, heavy plant or machinery
|
||||||
|
(i) £488 or under |
£69.40 | £69.40 | £69.40 | £69.40 | £69.40 | £69.40 |
|
(ii) Over £488 and up to £2,170 |
£107.55 | £107.55 | £107.55 | £107.55 | £107.55 | £107.55 |
|
(iii) Over £2,170 and up to £98,757 - 5% of the appraised value |
||||||
|
(iv) Over £98,757 - 5% of the first £98,757 and 1% thereafter |
||||||
|
(b) Reporting poinding |
£6.65 | £6.65 | £6.65 | £6.65 | £6.65 | £6.65 |
|
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 |
£37.70 | £37.70 | £37.70 | £56.60 | £56.60 | £56.60 |
|
(b) Arranging and effecting sequestration where the appraised value is- |
||||||
|
(i) £488 or under |
£66.60 | £66.60 | £66.60 | |||
|
(ii) Over £488 and up to £1961 |
£104.65 | £104.65 | £104.65 | |||
|
(iii) Over £1,961 as 3(c)(iii) above |
||||||
|
(c) Arranging and effecting ordinary sequestration or poinding of the ground |
£104.65 | £104.65 | £104.65 | |||
|
(d) Service - as in item 1(a) or (b) above, as the case may be |
||||||
|
6.
Sales |
||||||
(a)
|
£10.95 | £10.95 | £10.95 | £10.95 | £10.95 | £10.95 |
|
(ii) Intimating application - as in item 1(a) or (b) above, as the case may be |
||||||
(b)
|
£17.15 | £17.15 | £17.15 | £17.15 | £17.15 | £17.15 |
|
(ii) Serving copy of warrant of sale and intimating the place and date of sale and if necessary the date of removal of poinded effects, as in item 1(a) or (b) above, as the case may be |
||||||
|
(c) Officer attending warrant sale conducted by auctioneer |
£29.75 | £50.50 | £63.70 | £29.75 | £50.50 | £63.70 |
(d)
|
£37.70 | £37.70 | £37.70 | £56.60 | £56.60 | £56.60 |
|
(ii) Officer and witness conducting sale where the appraised value is £488 or under |
£66.60 | £66.60 | £66.60 | £66.60 | £66.60 | £66.60 |
|
(iii) Over £488 |
£104.65 | £104.65 | £104.65 | £104.65 | £104.65 | £104.65 |
|
7.
Ejections |
||||||
|
(a) Arranging ejection |
£37.70 | £37.70 | £37.70 | £56.60 | £56.60 | £56.60 |
|
(b) Arranging and executing ejection |
£77.45 | £77.45 | £77.45 | £87.90 | £87.90 | £87.90 |
|
8.
Taking possession of effects |
||||||
|
(a) Arranging possession |
£37.70 | £37.70 | £37.70 | £56.60 | £56.60 | £56.60 |
|
(b) Arranging and effecting possession |
£77.45 | £77.45 | £77.45 | £104.65 | £104.65 | £104.65 |
|
9.
Apprehensions |
||||||
|
(a) Arranging apprehension |
£56.60 | £56.60 | £56.60 | |||
|
(b) Arranging and apprehending |
£104.65 | £104.65 | £104.65 | |||
|
10.
Taking possession of children |
||||||
|
(a) Arranging to take possession |
£56.60 | £56.60 | £56.60 | |||
|
(b) Arranging and taking possession of each child |
£104.65 | £104.65 | £104.65 | |||
|
11.
Arrresting vessels, aircraft and cargo |
||||||
|
(a) Arranging to arrest |
£37.70 | £37.70 | £37.70 | £56.60 | £56.60 | £56.60 |
|
(b) Arranging and effecting arrestment |
£95.15 | £95.15 | £95.15 | £173.00 | £173.00 | £173.00 |
|
12.
Miscellaneous |
||||||
|
(a) To making any report or application under the Act of 1987 with exception of reporting a poinding |
£13.10 | £13.10 | £13.10 | £13.10 | £13.10 | £13.10 |
|
(b) To granting any receipt required to be issued under the Act of 1987 |
£6.65 | £6.65 | £6.65 | £6.65 | £6.65 | £6.65 |
|
(c) To arranging locksmith or tradesman to be in attendance |
£4.25 | £4.25 | £4.25 | £4.25 | £4.25 | £4.25 |
|
(d) To granting certificate of displenishment or providing any other certificate or report,registering any document or making any application to a court or the creditor |
£13.10 | £13.10 | £13.10 | £13.10 | £13.10 | £13.10 |
|
(e) Executing warrant to open lockfast places |
£13.10 | £13.10 | £13.10 | £13.10 | £13.10 | £13.10 |
|
(f) Time |
||||||
|
(i) with witness - £21.05 per unit |
||||||
|
(ii) without witness - £15.70 per unit |
||||||
|
(g) Photocopies |
||||||
|
(i) first page of document - £1.50 |
||||||
|
(ii) subsequent pages - per page £0.70 |
||||||
(This note is not part of the order)
This Act of Sederunt amends the Schedule to the Act of Sederunt (Fees of Sheriff Officers) 1994 (S.I. 1994/392) by increasing the fees payable to sheriff officers by about 2.6%.
The last increase was in the Act of Sederunt (Fees of Sheriff Officers) 2001 (S.S.I. 2001/439).
Notes:
[1] 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 the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 c.40, Schedule 9.back
[3] 1994/392, as amended by S.I. 1994/3267, S.I. 1995/3095, S.I. 1996/2858, S.I. 1997/2824, S.I. 1998/2669, S.S.I. 1999/150, S.S.I. 2000/419 and S.S.I. 2001/438.back
ISBN 0 11061722 3