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The Sheriff Court Fees Amendment Order 2012

Type Scottish-Statutory-Instrument

Publication 2012-10-30

Last updated 2015-09-22

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Made: 30th October 2012

Laid before the Scottish Parliament: 31st October 2012

Coming into force in accordance with article 1

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Citation, commencement and effect

1

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Amendment of the Sheriff Court Fees Order 1997

2

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SCHEDULE 1 — TABLE OF FEES

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)[^f00003]
	£	£
PART I — COMMISSARY PROCEEDINGS
1.Petition for—
appointment of executor;	16	15
restriction of caution;	16	15
special warrant;	16	15
sealing up of repositories or the like;	16	15
appointment of Commissary factor.	16	15
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree)
2.Sealing up repositories or the like, per hour.	27	25
3.
Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies—
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[^f00004] is required does not exceed—
£5,000;	No fee	No fee
£50,000;	200	200
where the amount of the estate exceeds £50,000;	200	200
receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa;	200	200
Receiving and examining inventory of estate where it is declared that confirmation is not required.	The fees payable are 50% of those specified in sub paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable	The fees payable are 50% of those specified in sub paragraph(a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable
4.Commissary copying and extracting.
(1)Certificate of confirmation—
if ordered when lodging inventory, each certificate;	5	5
if ordered subsequent to lodging inventory—
first certificate, including search fee;	16	15
each subsequent certificate.	5	5
(2)Copy or duplicate confirmation—
if ordered when lodging inventory;	11	10
if ordered subsequent to lodging inventory—
duplicate confirmation, including search fee;	21	20
each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).	11	10
(3)Certified extract confirmation and will (if any)—
if ordered when lodging inventory;	21	20
if ordered subsequent to lodging inventory—
certified extract, including search fee;	32	30
each subsequent certified extract if ordered at the same time as the certified extract in head (i).	21	20
(4)Copy will—
if ordered when lodging inventory;	5	5
if ordered subsequent to lodging inventory—
copy will, including search fee;	16	15
each subsequent copy will if ordered at the same time as the copy will in head (i).	5	5
PART II — SHERIFF COURT PROCEEDINGS
*Initial Writ*
5.Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee. (NOTE: fee covers issue of extract decree).	85	80
6.European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.	85	80
*Divorce and dissolution of civil partners*
7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application). (NOTE: fee covers issue of extract decree).	133	125
*Application for simplified divorce and simplified dissolution of civil partnership*
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE:fee covers issue of extract decree).	101	95
9.Subsequent application upon change of circumstances by party.	27	25
*Summary warrant*
10. Application for summary warrant.	64	60
*Bankruptcy*
11. Petition for sequestration of estates or petition for recall of award of sequestration.	101	95
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985[^f00005].	53	50
13. Application for the approval of composition.	32	30
*Declarator and petitions for completion of title for the Sheriff of Chancery*
14. Application for declarator and petition for completion of title to the Sheriff of Chancery.	201	190
15. Issue of chancery extract.	95	90
16. Summons - summary cause (including small claim and European small claim procedure) (NOTE: fee covers issue of extract decree)—
actions for payment of money for less than £200 (or 250 euros for European small claims);	16	15
other actions;	69	65
on the marking of an appeal;	53	50
*Criminal procedure*
17. Complaint.	32	30
*Road Traffic Offenders Act 1988*[^f00006]	80	75
18. Petition for removal of disqualification.
*Miscellaneous*
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995[^f00007].	16	15
20. Caveat.	32	30
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00008].	21	20
22. Note in a liquidation or judicial factory.	32	30
*Defender’s responses*
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
in proceedings to which paragraph 5 of this Table applies;	85	80
in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).	133	125
*Civil court procedure*
*Payable by pursuer*
24. Lodging of a certified copy record under the Ordinary Cause Rules 1993[^f00009] (NOTE: fee payable only once in respect of a cause).	101	95
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.	101	95
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.	48	45
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).	201	95
28. Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).	58	55
*Payable by any party (including pursuer)*
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.	42	40
30. Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph16(c) of this Table).	101	95
*Sheriff court books*
31. Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 36 of this Table).	21	20
32. Preservation of deeds, each deed (NOTE: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 36 of this Table).	11	10
*Miscellaneous office procedures*
33. Lodging each set of plans or other Parliamentary deposit.	64	60
34. Inspection of report of auction and the auditor of court’s report.	16	15
35. Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as appropriately included in the Ordinary Cause Rules, with the fees below payable in advance—
weekly for 12 months;	307	290
twice weekly for 12 months;	610	575
4 times weekly for 12 months.	1,230	1,160
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 37 of this Table)—
by photocopying or otherwise producing a printed or typed copy—
up to 10 pages;	5	5
each page or part thereof in excess of 10 pages;	0.50	0.50
for a copy of a document in electronic form.	5	5
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 36(a).)
37. Any search of records or archives, except as provided for at paragraph 4 of this Table—
up to 30 minutes;	16	15
more than 30 minutes up to 2hours;	42	40
each additional 30 minutes in excess of 2 hours;	11	10
in addition, correspondence fee where applicable.	11	10
38. Citation of, or intimation to, any person or persons by sheriff officers as instructed by the sheriff clerk.	11 plus sheriff officer’s fee	11 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
lodging account for taxation.	38	36
taxing accounts of expenses etc.—
up to £400;	20	19
for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
cancellation of diet of taxation—
where written notice of cancellation received by receiving party within 3 working days of diet;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
where written notice of cancellation received by receiving party on the working day before or the day of the diet.	75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

SCHEDULE 2 — TABLE OF FEES

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)[^f00010]
	£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for—
appointment of executor;	16	16
restriction of caution;	16	16
special warrant;	16	16
sealing up of repositories or the like;	16	16
appointment of Commissary factor.	16	16
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree).
2. Sealing up repositories or the like, per hour.	27	27
3.
Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies—
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—
£5,000;	No fee	No fee
£50,000;	206	200
where the amount of the estate exceeds £50,000;	206	200
receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa;	206	200
receiving and examining inventory of estate where it is declared that confirmation is not required.	The fees payable are 50% of those specified in sub paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable	The fees payable are 50% of those specified in sub paragraph(a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable
4. Commissary copying and extracting.
(1) Certificate of confirmation—
if ordered when lodging inventory, each certificate;	5	5
if ordered subsequent to lodging inventory—
first certificate, including search fee;	16	16
each subsequent certificate.	5	5
(2)Copy or duplicate confirmation—
if ordered when lodging inventory;	11	11
if ordered subsequent to lodging inventory—
duplicate confirmation, including search fee;	22	21
each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).	11	11
(3)Certified extract confirmation and will (if any)—
if ordered when lodging inventory;	22	21
if ordered subsequent to lodging inventory—
certified extract, including search fee;	33	32
each subsequent certified extract if ordered at same time as the certified extract in head (i).	22	21
(4)Copy will—
if ordered when lodging inventory;	5	5
if ordered subsequent to lodging inventory—
copy will, including search fee;	16	16
each subsequent copy will if ordered at the same time as the copy will in head (i).	5	5
PART II — SHERIFF COURT PROCEEDINGS
*Initial Writ*
5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee (NOTE: fee covers issue of extract decree).	87	85
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.	87	85
*Divorce and dissolution of civil partners*
7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application) (NOTE: fee covers issue of extract decree).	136	133
*Application for simplified divorce and simplified dissolution of civil partnership*
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38) (NOTE: fees covers issue of extract decree).	104	101
9.Subsequent application upon change of circumstances by party.	27	27
*Summary warrant*
10. Application for summary warrant.	66	64
*Bankruptcy*
11. Petition for sequestration of estates or petition for recall of award of sequestration.	104	101
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985.	55	53
13. Application for approval of composition.	33	32
*Declarator and petitions for completion of title for the Sheriff of Chancery*
14. Application for declarator and petitions for completion of title to the Sheriff of Chancery.	207	201
15. Issue of chancery extract.	98	95
16. Summons - summary cause (including small claim and European small claim procedure) (NOTE: fee covers issue of extract decree)—
actions for payment of money for less than £200 (or 250 euros for European small claims);	16	16
other actions;	71	69
on the marking of an appeal.	55	53
*Criminal procedure*
17. Complaint.	33	32
*Road Traffic Offenders Act 1988*
18. Petition for removal of disqualification.	82	80
*Miscellaneous*
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.	16	16
20. Caveat.	33	32
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.	22	21
22. Note in a liquidation or judicial factory.	33	32
*Defender’s responses*
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
in proceedings to which paragraph 5 of this Table applies;	87	85
in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).	136	133
*Civil court procedure*
*Payable by pursuer*
24. Lodging of a certified copy record under the Ordinary Cause Rules 1993 (NOTE: fee payable only once in respect of a cause).	104	101
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.	104	101
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.	49	48
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).	207	201
28. Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).	60	58
*Payable by any party (including pursuer)*
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.	44	42
30. Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).	104	101
*Sheriff court books*
31. Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 36 of this Table).	22	21
32. Preservation of deeds, each deed (NOTE: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 36 of this Table).	11	11
*Miscellaneous office procedures*
33. Lodging each set of plans or other Parliamentary deposit.	66	64
34. Inspection of report of auction and the auditor of court’s report.	16	16
35. Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as appropriately included in the Ordinary Cause Rules with the fees below payable in advance—
weekly for 12 months;	317	307
twice weekly for 12 months;	628	610
4 times weekly for 12 months.	1,266	1,230
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 37 of this Table)—
by photocopying or otherwise producing a printed or typed copy—
up to 10 pages;	5	5
each page or part thereof in excess of 10 pages;	0.50	0.50
for a copy of a document in electronic form.	5	5
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 36(a).)
37. Any search of records or archives, except as provided for at paragraph 4 of this Table—
up to 30 minutes;	16	16
more than 30 minutes up to 2hours;	44	42
each additional 30 minutes in excess of 2 hours;	11	11
in addition, correspondence fee where applicable.	11	11
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by sheriff clerk.	11 plus sheriff officer’s fee	11 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
lodging account for taxation;	39	38
taxing accounts of expenses etc.—
up to £400;	20	20
for every additional £100 or part thereof.	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
cancellation of diet of taxation—
where written notice of cancellation received by receiving party within 3 working days of diet;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
where written notice of cancellation received by receiving party on the working day before or the day of the diet.	75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

SCHEDULE 3 — TABLE OF FEES

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)
	£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for—
appointment of executor;	17	16
restriction of caution;	17	16
special warrant;	17	16
sealing up of repositories or the like;	17	16
appointment of Commissary factor.	17	16
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree).
2. Sealing up repositories or the like, per hour.	28	27
3.
Receiving and examining inventory of estate, except where sub paragraph (b) or (c) of this paragraph applies—
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—
£5,000;	No fee	No fee
£50,000;	212	206
where the amount of the estate exceeds £50,000;	212	206
receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa;	212	206
receiving and examining inventory of estate where it is declared that confirmation is not required.	The fees payable are 50% of those specified in sub paragraph (a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable	The fees payable are 50% of those specified in sub paragraph(a) or (b) of this paragraph. If confirmation is subsequently required the remaining 50% of the fees specified in sub paragraph (a) or (b) are payable
4. Commissary copying and extracting.
(1) Certificate of confirmation—
if ordered when lodging inventory, each certificate;	6	5
if ordered subsequent to lodging inventory—
first certificate, including search fee;	17	16
each subsequent certificate.	6	5
(2)Copy or duplicate confirmation—
if ordered when lodging inventory;	11	11
if ordered subsequent to lodging inventory—
duplicate confirmation, including search fee;	22	22
each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).	11	11
(3)Certified extract confirmation and will (if any)—
if ordered when lodging inventory;	22	22
if ordered subsequent to lodging inventory—
certified extract, including search fee;	34	33
each subsequent certified extract if ordered at the same time as the certified extract in head (i).	22	22
(4)Copy will—
if ordered when lodging inventory;	6	5
if ordered subsequent to lodging inventory—
copy will, including search fee;	17	16
each subsequent copy will, if ordered at the same time as the copy will in head (i).	6	5
PART II — SHERIFF COURT PROCEEDINGS
*Initial Writ*
5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee (NOTE: fee covers issue of extract decree).	90	87
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.	90	87
*Divorce and dissolution of civil partners*
7. Initial writ in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of a civil partnership application) (NOTE: fee covers issue of extract decree).	141	136
*Application for simplified divorce and simplified dissolution of civil partnership*
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38) (NOTE: fee covers issue of extract decree).	107	104
9.Subsequent application upon change of circumstances by party.	28	27
*Summary warrant*	67	66
10. Application for summary warrant.
*Bankruptcy*
11. Petition for sequestration of estates or petition for recall of award of sequestration.	107	104
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985.	56	55
13. Application for the approval of composition.	34	33
*Declarator and petitions for completion of title for the Sheriff of Chancery*
14. Application for declarator and petitions for completion of title to the Sheriff of Chancery.	214	207
15. Issue of chancery extract.	101	98
16. Summons - summary cause (including small claim and European small claim procedure) (NOTE: fee covers issue of extract decree)—
actions for payment of money for less than £200 (or 250 euros for European small claims);	17	16
other actions;	73	71
on the marking of an appeal.	56	55
*Criminal procedure*
17. Complaint.	34	33
*Road Traffic Offenders Act 1988*
18. Petition for removal of disqualification.	84	82
*Miscellaneous*	17	16
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.
20. Caveat.	34	33
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.	22	22
22. Note in a liquidation or judicial factory.	34	33
*Defender’s responses*
23. First writ, reponing note, application for recall of decree or attendance to state a defence or oppose an interim order (fee payable by each defender or compearer) (NOTE: fee covers issue of extract decree)—
in proceedings to which paragraph 5 of this Table applies;	90	87
in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).	141	136
*Civil court procedure*
*Payable by pursuer*
24. Lodging of a certified copy record under the Ordinary Cause Rules 1993 (NOTE: fee payable only once in respect of a cause).	107	104
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.	107	104
26. Fixing, allocating or assigning of a proof, a debate or a hearing in a summary or miscellaneous application on the merits of the cause.	51	49
27. For each day or part thereof of proof, debate or hearing in a summary or miscellaneous application on the merits of the cause (NOTE: not payable if the proof, debate or hearing does not proceed on that day).	214	207
28. Endorsing of a minute in Form F27 in terms of rule 33.29(1)(b) of the Ordinary Cause Rules (NOTE: payable only once in respect of a cause).	62	60
*Payable by any party (including pursuer)*
29. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.	45	44
30. Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).	107	104
*Sheriff court books*
31. Recording protest of a bill or promissory note (NOTE: Extract to be charged as in paragraph 36 of this Table).	22	22
32. Preservation of deeds, each deed (NOTE: This includes recording and engrossing. If extracts are required, a separate fee is to be charged as in paragraph 36 of this Table).	11	11
*Miscellaneous office procedures*
33. Lodging each set of plans or other Parliamentary deposit.	67	66
34. Inspection of report of auction and the auditor of court’s report.	17	16
35. Search and report service as instructed by a trade protection society, licensed credit reference agency or trade publication of protests of relevant court records as allowed as appropriately included in the Ordinary Cause Rules with the fees below payable in advance—
weekly for 12 months;	326	317
twice weekly for 12 months;	647	628
4 times weekly for 12 months.	1,304	1,266
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (if a search is required an additional fee will be charged as per paragraph 37 of this Table)—
by photocopying or otherwise producing a printed or typed copy—
up to 10 pages;	5	5
each page or part thereof in excess of 10 pages;	0.50	0.50
for a copy of a document in electronic form.	5	5
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 36(a).)
37. Any search of records or archives, except as provided for at paragraph 4 of this Table—
up to 30 minutes;	17	16
more than 30 minutes up to 2hours;	45	44
each additional 30 minutes in excess of 2 hours;	11	11
in addition, correspondence fee where applicable.	11	11
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.	11 plus sheriff officer’s fee	11 plus sheriff officer’s fee
PART III — AUDITOR OF COURT
39. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—
lodging account for taxation.	40	39
taxing accounts of expenses etc.—
up to £400;	20	20
for every additional £100 or part thereof;	5	5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)
cancellation of diet of taxation—
where written notice of cancellation received by receiving party within 3 working days of diet;	50% of fee that would have been payable under sub-paragraph (b) of this paragraph	50% of fee that would have been payable under sub-paragraph (b) of this paragraph
where written notice of cancellation received by receiving party on the working day before or the day of the diet.	75% of fee that would have been payable under sub-paragraph (b) of this paragraph	75% of fee that would have been payable under sub-paragraph (b) of this paragraph

Signed

KENNY MACASKILL — A member of the Scottish Government — 30th October 2012

Explanatory note

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Footnotes

[^f00001]: 1895 c.14; section2 was substituted by the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12), section4, modified by the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999 (S.I.1999/1820), articles2(1) and 4 and Schedule2, PartI, paragraph9 and PartIV and by the Judiciary and Courts (Scotland) Act 2008 (asp6), schedule 5, paragraph 1. The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section53 of the Scotland Act 1998 (c.46).

[^f00002]: S.I.1997/687; amended by S.I.1999/754 and S.S.I. 2002/269, 2007/318, 2008/239 and 2009/89.

[^f00003]: Column 3 shows the fees which were payable under S.I. 1997/687 immediately before the coming into force of this Schedule.

[^f00004]: 1892 c.6.

[^f00005]: 1985 c.66.

[^f00006]: 1988 c.53.

[^f00007]: 1995 c.7.

[^f00008]: 1982 c.27. Section 12 was amended by the Civil Jurisdictions and Judgements Act 1991 (c.12), Schedule 2, paragraph 7 and section 18 was amended by the Insolvency Act 1985 (c.65), Schedule 8, paragraph 36, the Insolvency Act 1986 (c.45), Schedule 14, the Courts and Legal Services Act 1990 (c.41), Schedule 16, paragraph 41, the Criminal Justice Act 1993 (c.36), section 24, the Drug Trafficking Act 1994 (c.37), Schedule 1, paragraph 6, the Criminal Justice (Scotland) Act 1995 (c.20), Schedule 6, paragraph 183 and the Criminal Procedure (Consequential Provisions) (Scotland) Act 1995 (c.40), Schedule 4, paragraph 42.

[^f00009]: See Schedule 1 of the Sheriff Courts (Scotland) Act 1907 (c.51).

[^f00010]: Column 3 shows the fees which were payable by virtue of Schedule 1 to this Order immediately before the coming into force of this Schedule.

Editorial notes

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