Act of Sederunt (Fees of Sheriff Officers) (Amendment) 2012

Made: 17th January 2012

Laid before the Scottish Parliament: 19th January 2012

Coming into force: 22nd 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) (Amendment) 2012 and comes into force on 22nd 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) The Act of Sederunt (Fees of Sheriff Officers (No.2) 2011[^f00003] is amended in accordance with the following subparagraphs.

• (2) For paragraph2(2) substitute —

(2) For General Regulation3 substitute— (3) Where the service or intimation of a document or inhibition is executed in a remote rural area the fees specified in the Table of Fees at Item1(a)(i), 2(a)(i) and 2(b)(i) 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 paragraph2(3) insert—

(3A) In General Regulation 9 for “2, 4A(b), 5(c), 6(b)(i) and (ii), 7(b), 8(b), 9(b), 10(b), 11(b)” substitute “3, 6(b), 7(c) and (d), 8(b), 9(b), 10(b), 11(b), 12(b)”.

• (4) For paragraph2(4) substitute —

(4) In type=start slip=2012-01-01 time=1327317162977General Regulation17type=end slip=2012-01-01 time=1327317162977, after the definition of “postal service” insert— - “remote rural area” means an area classified as such in the Scottish Government’s Urban/Rural Classification 2009-2010.

.[^f00004]

Signed

A.C. HAMILTON — Lord President — I.P.D. — 17th January 2012

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt amends Act of Sederunt (Fees of Sheriff Officers) (No.2) 2011 as it contained some errors.

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. 2011/432.

[^f00004]: The Scottish Government Urban/Rural Classification 2009/2010 was published by the Office of the Chief Statistician, August 2010.