The Sheriff Court Fees Amendment Order 1999

• Citation: S.I. 1999/754
• Sections: 43

Section 1 Citation and commencement

This Order may be cited as the Sheriff Court Fees Amendment Order 1999 and shall come into force on 1st April 1999.

Section 2 Amendment of Fees Order

(1) The Sheriff Court Fees Order 1997 shall be amended in accordance with the following paragraphs.

(2) After article 9(1)(a)(iii) (proceedings to which fees under this Order do not apply), there shall be inserted the following:–

(iv) section 129 of the Consumer Credit Act 1974 ; or

(3) For the Table of Fees in Schedule 1 there shall be substituted the Table of Fees set out in the Schedule to this Order.

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–

(i) where the amount of the estate vested in or belonging beneficially to the deceased, of which confirmation is required, or for which resealing under the Colonial Probates Act 1892 is required does not exceed–

Section 4

Commissary copying and extracting

(1) Issuing certificate of confirmation

(a) if ordered when lodging inventory-each certificate

Section 5

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

Section 6

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

Section 7 Actions of divorce (other than simplified divorce application)

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

Section 8 Simplified divorce application

Simplified divorce application (inclusive of all procedures other than those specified at paragraphs 31 and 32 of this Table)

Section 9 Summary warrants

Application for summary warrant

Section 10 Bankruptcy proceedings

Petition for sequestration of estates

Section 11

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

Section 12

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

Section 13 Service of heirs

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

Section 14 Summary cause

Summons-summary cause (including small claim)–

(a) Actions for payment of money less than £50

Section 15 Miscellaneous

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

Section 16

Caveat

Section 17 Enforcement of UK judgments

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

Section 18 Criminal Procedure

Complaint

Section 19 Road Traffic Offenders Act 1988

Petition for removal of disqualification

Section 20 Defender’s responses – non-divorce cases

First writ, reponing note or attendance to state a defence, or oppose an interim order in proceedings to which paragraph 6 of this Table applies, each defender or compearer

Section 21 Defender’s responses – divorces

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 22 Civil court procedure

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 23

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

Section 24

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 25

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

Section 26

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 27

Fee to be paid on marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 14(d) of this Table)

Section 28

Fee to be paid by the pursuer on the endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the Ordinary Cause Rules 1993

Section 29 Bankruptcy (Scotland) Act 1985

Act and warrant of trustee

Section 30

Application (written or oral) for discharge of trustee

Section 31 Simplified divorce

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

Section 32

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

Section 33 Miscellaneous

Note in a liquidation or judicial factory

Section 34 Sheriff court books

Recording protest of a bill or promissory note

Section 35

Preservation of deeds, each deed

Section 36 Miscellaneous office procedures

Lodging each set of plans or other Parliamentary deposit

Section 37

Inspection of report of sale and the auditor of court’s report

Section 38

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

(a) Weekly for twelve months (payable in advance)

Section 39

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

(a) By manuscript or typescript per sheet or part thereof

Section 40

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

(a) For first half hour of time taken

Section 41

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

(1) auditor’s fee on lodging account for taxation