- Statutory Instrument 1997 No. 2824 (S. 177)
Act of Sederunt (Fees of Sheriff Officers) 1997
© Crown Copyright 1997
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| Made | 21st November 1997 | ||
| Laid before Parliament | 28th November 1997 | ||
| Coming into force | 1st January 1998 |
The Lords of Council and Session, under and by virtue of the powers conferred on 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) 1997 and shall come into force on 1st January 1998.
(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 the date on which this Act of Sederunt comes into force.
(2) Sub-paragraph (1) above does not affect the fees payable as respects any work so carried out before the date mentioned in that sub-paragraph.
Rodger of Earlsferry
Lord President, I.P.D.
Edinburgh
21st November 1997
| Item | Summary Cause | Ordinary Cause | ||||
| Band 1 | Band 2 | Band 3 | Band 1 | Band 2 | Band 3 | |
1.
Service or intimation of a document
|
£19.75 | £30.45 | £39.40 | £32.30 | £47.45 | £61.80 |
|
(ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 |
£6.65 | £6.65 | £6.65 | £10.80 | £10.80 | £10.80 |
|
(b) Postal service |
£9.55 | £9.55 | £9.55 | £15.90 | £15.90 | £15.90 |
|
(c) Postal diligence |
£14.55 | £14.55 | £14.55 | £23.95 | £23.95 | £23.95 |
2.
Interdicts
|
£88.75 | £88.75 | £88.75 | |||
|
(ii) each additional person at the same address |
£19.50 | £19.50 | £19.50 | |||
(b) Interdict and service
|
£99.65 | £99.65 | £99.65 | |||
|
(ii) each additional person at the same address |
£30.35 | £30.35 | £30.35 | |||
3.
Poindings
|
£4.35 | £4.35 | £4.35 | £6.70 | £6.70 | £6.70 |
|
(b) Arranging poinding and endeavouring, but being unable, to execute it for whatever reason |
£34.35 | £34.35 | £34.35 | £50.30 | £50.30 | £50.30 |
(c) Arranging and executing poinding where appraised value is-
|
£58.85 | £58.85 | £58.85 | £58.85 | £58.85 | £58.85 |
|
(ii) over £414 and up to £1,664 |
£91.15 | £91.15 | £91.15 | £91.15 | £91.15 | £91.15 |
|
(iii) Over £1,664 and up to £16,754 - 10% of the appraised value only |
||||||
|
(iv) Over £16,754 and up to £83,760 - 10% of the first £16,754, 5% thereafter up to £83,760 of the appraised value |
||||||
|
(v) Over £83,760 - 10% of the first £16,754, 5% thereafter up to £83,760 and 1% of the appraised value over £83,760 |
||||||
|
(d) Reporting poinding |
£5.65 | £5.65 | £5.65 | £5.65 | £5.65 | £5.65 |
4.
Poindings of motor vehicles, heavy plant or machinery
|
£58.85 | £58.85 | £58.85 | £58.85 | £58.85 | £58.85 |
|
(ii) Over £414 and up to £1,841 |
£91.15 | £91.15 | £91.15 | £91.15 | £91.15 | £91.15 |
|
(iii) Over £1,841 and up to £83,760 - 5% of the appraised value only |
||||||
|
(iv) Over £83,760 - 5 % of the first £83,760, and 1% thereafter of the appraised value |
||||||
|
(b) Reporting poinding |
£5.65 | £5.65 | £5.65 | £5.65 | £5.65 | £5.65 |
5.
Sequestrations for rent, poinding of ground
|
£32.00 | £32.00 | £32.00 | £48.00 | £48.00 | £48.00 |
(b) Arranging and effecting sequestration where the appraised value is -
|
£56.50 | £56.50 | £56.50 | |||
|
(ii) Over £414 and up to £1,664 |
£88.75 | £88.75 | £88.75 | |||
|
(iii) Over £1,664 as in item 3(c)(iii) above |
||||||
|
(c) Arranging and effecting ordinary sequestration or poinding of the ground |
£88.75 | £88.75 | £88.75 | |||
|
(d) Service - as in item 1(a) or (b) above, as the case may be |
||||||
|
6.
Sales |
||||||
(a)
|
£9.25 | £9.25 | £9.25 | £9.25 | £9.25 | £9.25 |
|
(ii) Intimating application - as in item l(a) or (b) above, as the case may be |
||||||
(b)
|
£14.50 | £14.50 | £14.50 | £14.50 | £14.50 | £14.50 |
|
(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 l(a) or (b) above, as the case may be |
||||||
|
(c) Officer attending warrant sale alone conducted by auctioneer |
£25.25 | £42.80 | £54.05 | £25.25 | £42.80 | £54.05 |
(d)
|
£32.00 | £32.00 | £32.00 | £48.00 | £48.00 | £48.00 |
|
(ii) Officer and witness conducting sale where the appraised value is £414 or under |
£56.50 | £56.50 | £56.50 | £56.50 | £56.50 | £56.50 |
|
(iii) And where it is over £414 |
£88.75 | £88.75 | £88.75 | £88.75 | £88.75 | £88.75 |
7.
Ejections
|
£32.00 | £32.00 | £32.00 | £48.00 | £48.00 | £48.00 |
|
(b) Arranging and executing ejection |
£65.70 | £65.70 | £65.70 | £74.55 | £74.55 | £74.55 |
8.
Taking possession of effects
|
£32.00 | £32.00 | £32.00 | £48.00 | £48.00 | £48.00 |
|
(b) Arranging and effecting possession |
£65.70 | £65.70 | £65.70 | £88.75 | £88.75 | £88.75 |
9.
Apprehensions
|
£48.00 | £48.00 | £48.00 | |||
|
(b) Arranging and apprehending |
£88.75 | £88.75 | £88.75 | |||
10.
Taking possession of children
|
£48.00 | £48.00 | £48.00 | |||
|
(b) Arranging and taking possession of each child |
£88.75 | £88.75 | £88.75 | |||
11.
Arresting vessels, aircraft and cargo
|
£32.00 | £32.00 | £32.00 | £48.00 | £48.00 | £48.00 |
|
(b) Arranging and effecting arrestment |
£80.70 | £80.70 | £80.70 | £146.75 | £146.75 | [a]146.75 |
12.
Miscellaneous
|
£11.10 | £11.10 | £11.10 | £11.10 | £11.10 | £11.10 |
|
(b) Granting any receipt required to be issued under the Act of 1987 |
£5.65 | £5.65 | £5.65 | £5.65 | £5.65 | £5.65 |
|
(c) Arranging for locksmith or tradesman to be in attendance |
£3.60 | £3.60 | £3.60 | £3.60 | £3.60 | £3.60 |
|
(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 |
£11.10 | £11.10 | £11.10 | £11.10 | £11.10 | £11.10 |
|
(c) Executing warrant to open lockfast places |
£1l 10 | £11.10 | £11. I0 | £11.10 | £11.10 | £11.10 |
|
(f) Time |
||||||
|
(i) with witness - £17.80 per unit |
||||||
|
(ii) without witness - £13.30 per unit |
||||||
|
(g) Photocopies |
||||||
|
(i) first page of document - £1.25 |
||||||
|
(ii) subsequent pages - per page - £0.60. |
||||||
(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Act of Sederunt (Fees of Sheriff Officers) 1994 (S.I. 1994/392) by increasing the fees payable to Sheriff Officers by about 3.7%. The last increase was in the Act of Sederunt (Fees of Sheriff Officers) 1996 (S.I. 1996/2858).
Notes:
[1] 1907 c.51; section 40 as amended by section 1(3) of the Secretaries of State Act 1926 (c.18), by the Schedule to the Administration of Justice (Scotland) Act 1933 (c.41) and by paragraph 7 of Schedule 1 to and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12).back
[3] S.I. 1994/392, as amended by S.I. 1994/3267, S.I. 1995/3095 and S.I. 1996/2858.back
[a] This Instrument was amended by correction slip. "146.75" was substituted for "12146.75".back
ISBN 0 11 055694 1