LegalizeAct of Sederunt (Fees of Sheriff Officers) 2011
Made: 27th January 2011
Laid before the Scottish Parliament: 28th January 2011
Coming into force: 1st March 2011
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], 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) 2011 and shall come into force on 1st March 2011.
- (2) A certified copy of this Act of Sederunt shall be inserted in the Books of Sederunt.
Amendment of fees
2
- (1) Subject to subparagraph(2) below, for the Table of Fees in Schedule1 to the Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002[^f00003] substitute the Table of Fees in the Schedule to this Act of Sederunt.
- (2) Subparagraph(1) shall apply to work carried out by a sheriff officer on or after 1stMarch 2011but shall not affect the fees payable as respects any work so carried out before that date.
SCHEDULE — TABLE OF FEES
| Column A | Column A | Column A | Column B | Column B | Column B | |||
|---|---|---|---|---|---|---|---|---|
| Item | Band 1 £ | Band 2 £ | Band 3 £ | Band 1 £ | Band 2 £ | Band 3 £ | ||
| 1. | Service or intimation of a document | Service or intimation of a document | Service or intimation of a document | |||||
| (a) | Service | Service | ||||||
| (i) | each person at a different address | each person at a different address | 29.90 | 46.10 | 59.75 | 48.80 | 71.85 | 93.65 |
| (ii) | each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 and the Act of 2002 | each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 and the Act of 2002 | 10.00 | 10.00 | 10.00 | 16.25 | 16.25 | 16.25 |
| (b) | Postal service | Postal service | 14.10 | 14.10 | 14.10 | 23.85 | 23.85 | 23.85 |
| (c) | Postal diligence | Postal diligence | 21.85 | 21.85 | 21.85 | 35.90 | 35.90 | 35.90 |
| 2. | Inhibitions | Inhibitions | ||||||
| (a) | Inhibition only | Inhibition only | ||||||
| (i) | each person at a different address | each person at a different address | 37.90 | 59.40 | 75.00 | 57.05 | 91.90 | 116.05 |
| (ii) | each additional person at the same address | each additional person at the same address | 19.10 | 19.10 | 19.10 | 29.60 | 29.60 | 29.60 |
| (b) | Inhibition and service | Inhibition and service | ||||||
| (i) | each person at a different address | each person at a different address | 47.40 | 69.30 | 84.85 | 73.30 | 107.15 | 131.20 |
| (ii) | each additional person at the same address | each additional person at the same address | 30.10 | 30.10 | 30.10 | 46.55 | 46.55 | 46.55 |
| (c) | Inhibition, service and interdict | Inhibition, service and interdict | ||||||
| (i) | each person at a different address | each person at a different address | 177.95 | 177.95 | 177.95 | |||
| (ii) | each additional person at the same address | each additional person at the same address | 75.70 | 75.70 | 75.70 | |||
| 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) | Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) | Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004) |
| (a) | Interdict only | Interdict only | ||||||
| (i) | each person at a different address | each person at a different address | 134.35 | 134.35 | 134.35 | |||
| (ii) | each additional person at the same address | each additional person at the same address | 29.60 | 29.60 | 29.60 | |||
| (b) | Interdict and service | Interdict and service | ||||||
| (i) | each person at a different address | each person at a different address | 150.95 | 150.95 | 150.95 | |||
| (ii) | each additional person at the same address | each additional person at the same address | 46.00 | 46.00 | 46.00 | |||
| 4. | Attachments | Attachments | ||||||
| (a) | Service notice of entry | Service notice of entry | 6.60 | 6.60 | 6.60 | 10.15 | 10.15 | 10.15 |
| (b) | Arranging attachment and endeavouring but being unable to execute the same for whatever reason | Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 52.00 | 52.00 | 52.00 | 76.10 | 76.10 | 76.10 |
| (c) | Arranging and executing attachment where appraised value is— | Arranging and executing attachment where appraised value is— | ||||||
| (i) | £627 or under | £627 or under | 89.10 | 89.10 | 89.10 | 89.10 | 89.10 | 89.10 |
| (ii) | over £627 and up to £2,519 | over £627 and up to £2,519 | 138.15 | 138.15 | 138.15 | 138.15 | 138.15 | 138.15 |
| (iii) | over £2,519 and up to £25,375 – 10% of the appraised value | over £2,519 and up to £25,375 – 10% of the appraised value | ||||||
| (iv) | over £25,375 and up to £126,861 – 10% of the first £25,375, 5% thereafter | over £25,375 and up to £126,861 – 10% of the first £25,375, 5% thereafter | ||||||
| (v) | over £126,861 – 10% of the first £25,375, 5% thereafter up to £126,861 and 1% thereafter | over £126,861 – 10% of the first £25,375, 5% thereafter up to £126,861 and 1% thereafter | ||||||
| (d) | Reporting attachment | Reporting attachment | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 |
| 5. | Attachment of motor vehicles, heavy plant or machinery | Attachment of motor vehicles, heavy plant or machinery | Attachment of motor vehicles, heavy plant or machinery | Attachment of motor vehicles, heavy plant or machinery | Attachment of motor vehicles, heavy plant or machinery | Attachment of motor vehicles, heavy plant or machinery | ||
| (a) | Arranging and executing attachment where appraised value is— | Arranging and executing attachment where appraised value is— | ||||||
| (i) | £627 or under | £627 or under | 89.10 | 89.10 | 89.10 | 89.10 | 89.10 | 89.10 |
| (ii) | over £627 and up to £2,787 | over £627 and up to £2,787 | 138.15 | 138.15 | 138.15 | 138.15 | 138.15 | 138.15 |
| (iii) | over £2,787 and up to £126,861 – 5% of the appraised value | over £2,787 and up to £126,861 – 5% of the appraised value | ||||||
| (iv) | over £126,861 – 5% of the first £126,861 and 1% thereafter | over £126,861 – 5% of the first £126,861 and 1% thereafter | ||||||
| (b) | Reporting attachment | Reporting attachment | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 |
| 6. | Money attachments under the Act of 2007 | Money attachments under the Act of 2007 | Money attachments under the Act of 2007 | Money attachments under the Act of 2007 | Money attachments under the Act of 2007 | Money attachments under the Act of 2007 | ||
| (a) | Arranging attachment and endeavouring but being unable to execute the same for whatever reason | Arranging attachment and endeavouring but being unable to execute the same for whatever reason | 52.00 | 52.00 | 52.00 | 76.10 | 76.10 | 76.10 |
| (b) | Arranging and executing attachment, including removal of attached money, where value of money is— | Arranging and executing attachment, including removal of attached money, where value of money is— | ||||||
| (i) | £627 or under | £627 or under | 89.10 | 89.10 | 89.10 | 89.10 | 89.10 | 89.10 |
| (ii) | over £627 and up to £2,519 | over £627 and up to £2,519 | 138.15 | 138.15 | 138.15 | 138.15 | 138.15 | 138.15 |
| (iii) | over £2,519 and up to £25,375 – 10% of the value | over £2,519 and up to £25,375 – 10% of the value | ||||||
| (iv) | over £25,375 and up to £126,861 – 10% of the first £25,375, 5% thereafter | over £25,375 and up to £126,861 – 10% of the first £25,375, 5% thereafter | ||||||
| (v) | Over £126,861 – 10% of the first £25,375, 5% thereafter up to £126,861 and 1% thereafter | Over £126,861 – 10% of the first £25,375, 5% thereafter up to £126,861 and 1% thereafter | ||||||
| (c) | Reporting attachment | Reporting attachment | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 |
| 7. | Auctions | Auctions | ||||||
| (a) | Arranging auction, preparing advertisement and giving public notice | Arranging auction, preparing advertisement and giving public notice | 22.05 | 22.05 | 22.05 | 22.05 | 22.05 | 22.05 |
| (b) | Intimating the place and date of auction and if necessary the date of removal of attached effects – as in items 1(a) or (b) above, as the case may be | Intimating the place and date of auction and if necessary the date of removal of attached effects – as in items 1(a) or (b) above, as the case may be | ||||||
| (c) | Officer and witness attending auction but auction not executed for whatever reason | Officer and witness attending auction but auction not executed for whatever reason | 48.45 | 48.45 | 48.45 | 72.75 | 72.75 | 72.75 |
| (d) | Officer and witness attending auction | Officer and witness attending auction | 134.35 | 134.35 | 134.35 | 134.35 | 134.35 | 134.35 |
| 8. | Ejections | Ejections | ||||||
| (a) | Arranging ejection | Arranging ejection | 48.45 | 48.45 | 48.45 | 72.75 | 72.75 | 72.75 |
| (b) | Arranging and executing ejection | Arranging and executing ejection | 99.50 | 99.50 | 99.50 | 112.90 | 112.90 | 112.90 |
| 9. | Taking possession of effects | Taking possession of effects | Taking possession of effects | |||||
| (a) | Arranging possession | Arranging possession | 48.45 | 48.45 | 48.45 | 72.75 | 72.75 | 72.75 |
| (b) | Arranging and effecting possession | Arranging and effecting possession | 99.50 | 99.50 | 99.50 | 134.35 | 134.35 | 134.35 |
| 10. | Apprehensions | Apprehensions | ||||||
| (a) | Arranging apprehension | Arranging apprehension | 72.75 | 72.75 | 72.75 | |||
| (b) | Arranging and apprehending | Arranging and apprehending | 134.35 | 134.35 | 134.35 | |||
| 11. | Taking possession of a child | Taking possession of a child | Taking possession of a child | |||||
| (a) | Arranging to take possession | Arranging to take possession | 72.75 | 72.75 | 72.75 | |||
| (b) | Arranging and taking possession of each child | Arranging and taking possession of each child | 134.35 | 134.35 | 134.35 | |||
| 12. | Arresting vessels, aircraft and cargo | Arresting vessels, aircraft and cargo | Arresting vessels, aircraft and cargo | |||||
| (a) | Arranging to arrest | Arranging to arrest | 48.45 | 48.45 | 48.45 | 72.75 | 72.75 | 72.75 |
| (b) | Arranging and effecting arrestment | Arranging and effecting arrestment | 122.25 | 122.25 | 122.25 | 222.25 | 222.25 | 222.25 |
| 13. | Miscellaneous | Miscellaneous | ||||||
| (a) | Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment | Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment | 16.85 | 16.85 | 16.85 | 16.85 | 16.85 | 16.85 |
| (b) | Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 | 8.50 |
| (c) | Arranging locksmith or tradesman to be in attendance | Arranging locksmith or tradesman to be in attendance | 5.40 | 5.40 | 5.40 | 5.40 | 5.40 | 5.40 |
| (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 | Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor | 16.85 | 16.85 | 16.85 | 16.85 | 16.85 | 16.85 |
| (e) | Executing warrant to open lockfast places | Executing warrant to open lockfast places | 16.85 | 16.85 | 16.85 | 16.85 | 16.85 | 16.85 |
| (f) | Time | Time | ||||||
| (i) | with witness - £27.05 per unit | with witness - £27.05 per unit | ||||||
| (ii) | without witness - £20.20 per unit | without witness - £20.20 per unit | ||||||
| (g) | Photocopies | Photocopies | ||||||
| (i) | first page document - £1.90 | first page document - £1.90 | ||||||
| (ii) | subsequent pages – per page £1.05 | subsequent pages – per page £1.05 |
Signed
A. C. HAMILTON — Lord President — I.P.D. — 27th January 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, by substituting a new Table of Fees.
The fee levels in the new Table of Fees represent an increase of 3.6% on the existing fees. This increased takes effect from 1st March 2011.
Footnotes
[^f00001]: 1907 c.51. Section40 was amended by the Sheriff Courts (Scotland) Act 1913 c.28, Schedule 1; the Secretaries of State ct 1926 c.18, section 1(3); the Administration of Justice (Scotland) Act 1933 c.41, Schedule; and the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 c.12, Schedule 1, paragraph 7 and Schedule 2.
[^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 and 2009/379.
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