Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2011

Made: 6th December 2011

Laid before the Scottish Parliament: 8th December 2011

Coming into force: 23rd January 2012

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 40(1) of the Sheriff Courts (Scotland) Act 1907[^f00001], section6 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) (No.2) 2011 and comes into force on 23rd January 2012.

• (2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of fees

2

• (1) Subject to subparagraph(6), Schedule1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002[^f00003] is amended in accordance with the following subparagraphs.

• (2) For General Regulation3 substitute—

(3) Fees in relation to service or intimation of a document, citation of a person or diligence which is executed in a remote rural area shall be surcharged by the levying of an additional fee of 30 per cent of the fee specified in the Table of Fees.

• (3) After General Regulation3 insert—

(3A) Where the value of an action is over £100,000 the fees specified in the Table of Fees at Item1(a), 2, 3(b) and 12 shall be surcharged by the levying of an additional fee of 0.01 percent of the value of the action.

• (4) In General Regulation17, after the definition of “postal service” insert—

• “remote rural area” means a settlement with a population of less than 3,000 people, and with a drive time of over 30 minutes to a settlement with a population of 10,000 people or more[^f00004].

• (5) For the Table of Fees substitute the Table of Fees in the Schedule to this Act of Sederunt.

• (6) Subparagraphs(2) to (5) shall apply only to work carried out by a sheriff officer on or after 23rdJanuary 2012 but shall not affect the fees payable as respects any work so carried out before that date.

SCHEDULE — TABLE OF FEES

1

Service or intimation of a document

2

Inhibitions

3

Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004)

4

Attachments

5

Attachment of motor vehicles, heavy plant or machinery

6

Money attachments under the Act of 2007

7

Auctions

8

Ejections

9

Taking possession of effects

10

Apprehensions

11

Taking possession of a child

12

Arresting vessels, aircraft and cargo

13

Miscellaneous

Signed

A.C. HAMILTON — Lord President — I.P.D. — 6th December 2011

Explanatory note

(This note is not part of the Act of Sederunt)

EXPLANATORY NOTE

This Act of Sederunt amends Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) (No.2) 2002.

Paragraph2(2) amends the General Regulations in relation to the fees of sheriff officers in remote rural areas.

Paragraph 2(3) amends the General Regulations in relation to the fees of sheriff officers where the value of the action is over £100,000.

Paragraph 2(4) amends the General Regulations in relation to the definition of a remote rural area.

Paragraph 2(5) substitutes a new Table of Fees increasing the fees payable to sheriff officers by 3.8%.

The changes only apply to work carried out on or after 23rd January 2012.

Footnotes

[^f00001]: 1907 c.51. Section40 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 by S.S.I. 2011/396, article3.

[^f00002]: 1926 c.16.

[^f00003]: S.S.I. 2002/567, amended by S.S.I. 2003/538, 2004/513, 2005/583, 2006/539, 2007/550, 2008/430, 2009/379 and 2011/47.

[^f00004]: The definition of “remote rural area” comes from the Scottish Government Urban/Rural Classification 2009-2010, published by the Office of the Chief Statistician, August 2010.