Act of Sederunt (Fees of Sheriff Officers) 2002

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[^f00001], section 6 of the Execution of Diligence (Scotland) Act 1926[^f00002] 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[^f00003] 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.

SCHEDULE — TABLE OF FEES

1

Service or intimation of a document

• (a) Service

2

Interdicts

• (a) Interdict only

3

Poindings

4

Poindings of motor vehicles, heavy plant or machinery

• (a) Arranging and executing poinding where appraised value is–

5

Sequestrations for rent, poinding of ground

6

Sales

7

Ejections

8

Taking possession of effects

9

Apprehensions

10

Taking possession of children

11

Arrresting vessels, aircraft and cargo

12

Miscellaneous

Signed

W. Douglas Cullen — Lord President I.P.D. — 21st November 2002

Explanatory note

(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).

Footnotes

[^f00001]: 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.

[^f00002]: 1926 c. 16.

[^f00003]: 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.