Scottish Statutory Instruments
SHERIFF COURT
Made
5th March 2009
Laid before the Scottish Parliament
6th March 2009
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by section 2 of the Courts of Law Fees (Scotland) Act 1895(1) and all other powers enabling them to do so.
1.—(1) This Order may be cited as the Sheriff Court Fees Amendment Order 2009 and, subject to paragraph (2), comes into force on 1st April 2009.
(2) Article 2(7)(b) comes into force on 6th April 2009.
2.—(1) The Sheriff Court Fees Order 1997(2) is amended in accordance with the following paragraphs.
(2) In article 2(3), for “22, 23 and 28” substitute “26, 27 and 30”.
(3) In article 4(1), for “1, 6 to 8, 14, 20 and 21” substitute “1, 5 to 7, 18 and 25”.
(4) Article 4(2) is amended as follows–
(a) for “11 and 30” substitute “12 and 15”; and
(b) for “11” when it occurs the second time substitute “12”.
(5) In article 4(3), for “6” substitute “5”.
(6) In articles 5(1) and 5(2), for “6 and 20” substitute “5 and 25”.
(7) Article 7 (exemption of certain persons from fees)(3) is amended as follows–
(a) at the end of paragraph (f), omit “or”;
(b) in paragraph (g), for “£16,017” substitute “£16,642”(4); and
(c) after paragraph (g), insert–
“; or
the person or his or her partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007(5).”.
(8) In article 8 for “the fee payable in respect of an inventory of that estate under paragraph 3(a), (b) or (c) of the Table of Fees will, where that fee would amount to more than £2.00, be restricted to £2.00” substitute “there will be no fee payable in respect of the inventory of that estate under paragraph 3(a), (b) or (c) of the Table of Fees.”.
(9) In article 9(2), for “37” substitute “36”.
(10) In article 10, for “14(d), 22 to 25, 27 and 28” substitute “18(d), 26 to 29, 30 and 32”.
3.—(1) The Table of Fees(6) in Schedule 2 to the Sheriff Court Fees Amendment Order 2008(7) (“the 2008 Order”) is amended in accordance with the following paragraphs.
(2) After paragraph 5 insert the following matter (column 1) with the corresponding fee payable (column 2) and the fee formerly payable (column 3):–
| European order for payment in terms of EU Regulation 1896/2006 | ||
5A. Application for European order for payment |
80 | 75 |
(3) At paragraph 18, in column 1, insert–
(a) after “including small claim” the words “and European small claim procedure”; and
(b) at the end of sub-paragraph (a) after “£200” the words “(or 250 euros for European Small Claims)”.
(4) At paragraph 25(a), in column 2, for “75” substitute “80”.
(5) At paragraph 34, in column 1, for “Preservation of deeds, each deed (Note: Recording and extracting to be charged as in paragraph 38 of this Table)” substitute “Preservation of deeds, each deed (Note: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 38 of this Table)”.
(6) At paragraph 36, in column 1, for “sale” substitute “auction”.
(7) At paragraph 38(a), in column 1, for “by photocopying” substitute “by photocopying or otherwise producing a printed or typed copy”.
4.—(1) The Table of Fees in Schedule 3(8) to the 2008 Order is amended in accordance with the following paragraphs.
(2) After paragraph 5 insert the following matter (column 1) with the corresponding fee payable (column 2) and the fee formerly payable (column 3):–
| European order for payment in terms of EU Regulation 1896/2006 | ||
5A. Application for European order for payment |
80 | 75 |
(3) At paragraph 18, in column 1, insert–
(a) after “including small claim” the words “and European small claim procedure”; and
(b) at the end of sub-paragraph (a) after “£200” the words “(or 250 euros for European Small Claims)”.
(4) At paragraph 25(a)–
(i) in column 2, for “75” substitute “80”; and
(ii) in column 3, for “75” substitute “80”.
(5) At paragraph 33, in column 1, for “37” substitute “38”.
(6) At paragraph 34, in column 1, for “Preservation of deeds, each deed (Note: Recording and extracting to be charged as in paragraph 38 of this Table)” substitute “Preservation of deeds, each deed (Note: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 38 of this Table)”.
(7) At paragraph 36, in column 1, for “sale” substitute “auction”.
(8) At paragraph 38(a), in column 1, for “by photocopying” substitute “by photocopying or otherwise producing a printed or typed copy”.
FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
5th March 2009
1895 c. 14; section 2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), section 4, and by the Scotland Act 1998 (Consequential Modifications) (No. 2) Order 1999 (S.I. 1999/1820), articles 2(1), 4, Schedule 2 Part 1, paragraph 9, and Part IV. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46). Back [1]
S.I. 1997/687 as amended by S.I. 1999/754, S.S.I. 2002/269, S.S.I. 2003/97, S.S.I. 2007/318 and S.S.I. 2008/239. Back [2]
Article 7 was replaced by S.S.I. 2007/318, article 2(3). Back [3]
The original threshold for exemption from court fees for those in receipt of working tax credit was an annual gross income of £16,017 which was inserted into the Sheriff Court Fees Order 1997 by S.S.I. 2007/318, article 2(3). Back [4]
2007 c. 5. Section 1 of that Act which introduced the new benefit, the income-related employment and support allowance, was brought into force on 27th October 2008 by the Welfare Reform Act 2007 (Commencement No. 6 and Consequential Provisions) Order 2008 (S.I. 2008/787), article 2(4)(a). Back [5]
The original Table of Fees in Schedule 1 to the Sheriff Court Fees Order 1997 (S.I. 1997/687) was substituted by S.I. 1999/754, S.S.I. 2002/269, S.S.I. 2007/318 and S.S.I. 2008/239. Back [6]
S.S.I. 2008/239. No amendment is required to schedule 1 to that Order as it ceases to have effect on 1st April 2009. Schedule 2 to that Order comes into force on 1st April 2009. Back [7]
Schedule 3 to the 2008 Order comes into force, and schedule 2 to that Order ceases to have effect, on 1st April 2010. Back [8]