The Sheriff Court Fees Amendment Order 1996

• Citation: S.I. 1996/628
• Sections: 47

Section 1 Citation and commencement

This Order may be cited as the Sheriff Court Fees Amendment Order 1996 and shall come into force on 1st April 1996.

Section 2 Amendment of Fees Order

(1) The Sheriff Court Fees Order 1985 shall be amended in accordance with the following provisions of this article.

(2) In article 2(1) (Interpretation), there shall be inserted after the definition of “extract decree” the following definitions:—

“minute” means a minute in terms of rule 14.2 of the Ordinary Cause Rules 1993 ;

“motion” means—

a written motion to which Chapter 15 of the Ordinary Cause Rules 1993 apply; and

a written motion made in an undefended family action in terms of Chapter 33 of the Ordinary Cause Rules 1993 in which no notice of intention to defend has been lodged;

(3) After article 2(2) (Interpretation), there shall be inserted, as follows:—

(3) The fees payable in respect of the matters referred to in paragraphs 35, 36 and 41 of the Table of Fees shall be payable on one occasion only in respect of a cause.

(4) In article 5 (cases in which an extra fee is payable)—

(a) in paragraph (1)—

(i) for the words “ordinary roll”, there shall be substituted the words “ordinary cause roll”; and

(ii) for the word “action”, wherever it appears, there shall be substituted the word “cause”; and

(b) in paragraph (2) for the words “or bankruptcy proceedings”, there shall be substituted the words “, bankruptcy proceedings or proceedings under section 4 of the Requirements of Writing (Scotland) Act 1995 ”.

(5) For the Table of Fees in the Schedule there shall be substituted the Table of Fees set out in the Schedule to this Order.

Section 3 Revocation

Article 2(b) of the Sheriff Court Fees Amendment (No.2) Order 1993 is hereby revoked.

Section 1

Petition for (a) appointment of executor, (b) restriction of caution, (c) special warrant, (d) sealing up of repositories or the like, or (e) appointment of Commissary factor

Section 2

Sealing up repositories or the like, per hour

Section 3

(a) Receiving and examining inventory of estate, except where sub-paragraph (b) or (c) of this paragraph applies—

Section 4

Commissary copying and extracting

Section 5

Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

Section 6

First writ, reponing note or attendance to state a defence, or oppose an interim order in proceedings to which paragraph 5 of this Table applies, each defender or compearer

Section 7

Petition for sequestration of estates

Section 8

Act and warrant of trustee

Section 9

Writing minute of meeting, per hour

Section 10

Application (written or oral) for discharge of trustee

Section 11

Petition for discharge of a bankrupt or application for approval of composition or deed of arrangement

Section 12

Sheriff clerk acting as commissioner

Section 12A

Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 1985

Section 13

Petition for general or special service or completion of title, or note for a Crown or Prince’s charter, writ or precept

Section 14

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982

Section 15

Complaint

Section 15A

Petition for removal of disqualification

Section 16

Summons-Summary Cause (including small claim)—

Section 17

Initial writ in an action of divorce other than a simplified divorce application

Section 18

First writ or attendance to state a defence or oppose an interim order, each defender or compearer in an action of divorce other than a simplified divorce application

Section 19

Simplified divorce application (inclusive of all procedures other than those specified at paragraphs 20 and 21 of this Table)

Section 20

In relation to a simplified divorce application, citation of, or intimation to, any person or persons by sheriff officer

Section 21

Subsequent application upon change of circumstances by party to a simplified divorce application

Section 22

Note in a liquidation or judicial factory

Section 23

Caveat

Section 24

Summary warrant for the recovery of rates

Section 25

Summary warrant for the recovery of community charges

Section 25A

Summary warrant for the recovery of council tax, council water charge and related penalties

Section 26

Summary warrant for the recovery of taxes

Section 27

Recording protest of a bill or promissory note

NOTE: Extract to be charged as in paragraph 32 of this Table.

Section 28

Lodging each set of plans or other Parliamentary deposit

Section 29

Preservation of deeds, each deed

NOTE: Recording and extracting to be charged as in paragraph 32 of this Table.

Section 31

Inspection by a trade protection society, licensed credit reference agency or trade publication of protests, Act Book and Court Rolls—

Section 31A

Application under section 4 of the Requirements of Writing (Scotland) Act 1995

Section 32

Recording, engrossing, extracting or copying all documents except as provided for at paragraph 4 of this Table—

Section 33

Searches: for each search of records or archives, except as provided for at paragraph 4 of this Table—

Section 34

For taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—

Section 35

Fee to be paid by the pursuer on the lodging of a certified copy record under the standard procedure of the Ordinary Cause Rules 1993

Section 36

Fee to be paid by the pursuer on the lodging of a certified closed record under the additional procedure of the said Rules

Section 37

Fee to be paid by pursuer on the fixing of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause

Section 38

Fee to be paid by the pursuer for each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause

NOTE: The above fee does not apply if the proof, debate or hearing does not proceed on that day.

Section 39

Fee to be paid by any party lodging a written motion or minute; and any party lodging written opposition to any such motion or minute

Section 40

Fee to be paid on marking an appeal to the Sheriff Principal in any proceedings

Section 41

Fee to be paid by the pursuer on the endorsing of a minute in the form F27 in terms of rule 33.29(1)(b) of the said Rules