Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Sheriff Court Fees Order 2015

Type Scottish-Statutory-Instrument

Publication 2015-06-15

Last updated 2018-04-25

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

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Reform history JSON API

Made: 15th June 2015

Laid before the Scottish Parliament: 17th June 2015

Coming into force in accordance with article 1

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Citation, commencement and effect

1

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Interpretation

2

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Fees payable in sheriff courts

3

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Certain fees payable only once

4

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Matters included in certain fees

5

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Fees payable in the Sheriff Personal Injury Court

6

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Cases in which an extra fee is payable

7

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Exemption of certain persons from fees

8

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Exemption in connection with estate exempt from inheritance tax

9

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Exemptions relating to particular proceedings

10

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Sheriff Personal Injury Court: exemption of certain motions from fees

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocations

12

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SCHEDULE 1 — TABLES OF FEES

PART 1 — Sheriff court

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)[^f00021]
	£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for—
appointment of executor;	18	17
restriction of caution;	18	17
special warrant;	18	17
sealing up of repositories or the like;	18	17
appointment of Commissary factor.	18	17
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree)
2. Sealing up repositories or the like, per hour.	29	28
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[^f00022] is required does not exceed—
£10,000;	No fee	No fee[^f00023]
£50,000;	221	212
where the amount of the estate exceeds £50,000;	221	212
receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa;	221	212
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) Issuing certificate of confirmation—
if ordered when lodging inventory, each certificate;	6	6
if ordered subsequent to lodging inventory—	18	17
first certificate, including search fee;	18	17
each subsequent certificate.	6	6
(2) Copy or duplicate confirmation—	11	11
if ordered when lodging inventory;	11	11
if ordered subsequent to lodging inventory—	23	22
duplicate confirmation, including search fee;	23	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)—	23	22
if ordered when lodging inventory;	23	22
if ordered subsequent to lodging inventory—	35	34
certified extract, including search fee;	35	34
each subsequent certified extract if ordered at the same time as the certified extract in head (i).	23	22
(4) Copy will—	6	6
if ordered when lodging inventory;	6	6
if ordered subsequent to lodging inventory—	18	17
copy will, including search fee;	18	17
each subsequent copy will if ordered at the same time as the copy will in head (i).	6	6
PART II — SHERIFF COURTPROCEEDINGS
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).	94	90
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.	94	90
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).	147	141
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).	111	107
9. Subsequent application upon change of circumstances by party.	29	28
Summary warrant	70	67
10. Application for summary warrant.	70	67
Bankruptcy	111	107
11. Petition for sequestration of estates or petition for recall of award of sequestration.	111	107
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985[^f00024].	58	56
13. Application for the approval of composition.	35	34
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.	223	214
15. Issue of chancery extract.	105	101
Summary cause
16. Summons - summary cause (including small claim and European small claim procedure) (NOTE: fee covers issue of extract decree)—
actions for payment of money of £200 or less (or 250 euros for European small claims);	18	17
other actions;	76	73
on the marking of an appeal.	58	56
Criminal procedure	35	34
17. Complaint.	35	34
Road Traffic Offenders Act 1988[^f00025]	87	84
18. Petition for removal of disqualification.	87	84
Miscellaneous
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995[^f00026].	18	17
20. Caveat.	35	34
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982[^f00027].	23	22
22. Note in a liquidation or judicial factory.	35	34
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;	94	90
in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).	147	141
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).	111	107
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.	111	107
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.	53	51
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).	223	214
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.	65	62
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.	47	45
30. Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).	111	107
Sheriff court books
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).	23	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.	70	67
34. Inspection of report of auction and the auditor of court’s report.	18	17
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—	339	326[^f00028]
weekly for 12 months.	339	326[^f00028]
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;	6	5
each page or part thereof in excess of 10 pages;	0.50	0.50
for a copy of a document in electronic form.	6	5
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)	6	5
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof—	11	-[^f00029]
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.	42	40
taxing accounts of expenses etc.—	20	20
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 from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;	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 from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.	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

PART 2 — Sheriff Personal Injury Court

Column 1	Column 2
(Matters)	(Fee Payable)
	£
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.	53
2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause.	58
3. Hearing fee: per 30 minutes or part thereof.	75
4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause).	105
5. Initial writ. (NOTE: fee covers issue of extract decree).	210
6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree).	210
7. Citation of a civil jury.(NOTE: includes outlays incurred in citing and countermanding, and is payable on the lodging of a proposed issue for jury trial.)	292
8. Certified copy of a document	18

SCHEDULE 2 — TABLES OF FEES

PART 1 — Sheriff court

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)[^f00030]
	£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for—
appointment of executor;	18	18
restriction of caution;	18	18
special warrant;	18	18
sealing up of repositories or the like;	18	18
appointment of Commissary factor.	18	18
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree)	18	18
2. Sealing up repositories or the like, per hour.	30	29
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—
£10,000;	No fee	No fee
£50,000;	225	221
where the amount of the estate exceeds £50,000;	225	221
receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa;	225	221
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) Issuing certificate of confirmation—
if ordered when lodging inventory, each certificate;	7	6
if ordered subsequent to lodging inventory—	7	6
first certificate, including search fee;	18	17
each subsequent certificate.	7	6
(2) Copy or duplicate confirmation—	12	11
if ordered when lodging inventory;	12	11
if ordered subsequent to lodging inventory—
duplicate confirmation, including search fee;	24	23
each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).	12	11
(3) Certified extract confirmation and will (if any)—	24	23
if ordered when lodging inventory;	24	23
if ordered subsequent to lodging inventory—	36	35
certified extract, including search fee;	36	35
each subsequent certified extract if ordered at the same time as the certified extract in head (i).	24	23
(4) Copy will—	7	6
if ordered when lodging inventory;	7	6
if ordered subsequent to lodging inventory—	18	17
copy will, including search fee;	18	17
each subsequent copy will if ordered at the same time as the copy will in head (i).	7	6
PART II — SHERIFF COURTPROCEEDINGS
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).	96	94
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.	96	94
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).	150	147
Application for simplified divorce and simplified dissolution of civil partnership	113	111
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree).	113	111
9. Subsequent application upon change of circumstances by party.	30	29
Summary warrant	71	70
10. Application for summary warrant.	71	70
Bankruptcy	113	111
11. Petition for sequestration of estates or petition for recall of award of sequestration.	113	111
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985.	59	58
13. Application for the approval of composition.	36	35
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.	227	223
15. Issue of chancery extract.	107	105
Summary cause
16. Summons - summary cause (including small claim and European small claim procedure) (NOTE: fee covers issue of extract decree)—
actions for payment of money of £200 or less (or 250 euros for European small claims);	18	18
other actions;	78	76
on the marking of an appeal.	59	58
Criminal procedure	36	35
17. Complaint.	36	35
Road Traffic Offenders Act 1988[^f00031]	89	87
18. Petition for removal of disqualification.	89	87
Miscellaneous	18	18
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.	18	18
20. Caveat.	36	35
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.	24	23
22. Note in a liquidation or judicial factory.	36	35
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;	96	94
in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).	150	147
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).	113	111
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.	113	111
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.	54	53
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).	227	223
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.	66	65
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.	48	47
30. Marking an appeal to the Sheriff Principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).	113	111
Sheriff court books	24	23
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).	24	23
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).	12	11
Miscellaneous office procedures	71	70
33. Lodging each set of plans or other Parliamentary deposit.	71	70
34. Inspection of report of auction and the auditor of court’s report.	18	18
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—	346	339
weekly for 12 months.	346	339
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;	6	6
each page or part thereof in excess of 10 pages;	0.50	0.50
for a copy of a document in electronic form.	6	6
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)	6	6
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.—	12	11
In addition, correspondence fee where applicable.	12	11
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.	12 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.	43	42
taxing accounts of expenses etc.—	20	20
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—	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 from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;	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 from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.	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

PART 2 — Sheriff Personal Injury Court

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)[^f00032]
	£	£
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute.	54	53
2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause	59	58
3. Hearing fee: per 30 minutes or part thereof.	77	75
4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause).	107	105
5. Initial writ. (NOTE: fee covers issue of extract decree).	214	210
6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree).	214	210
7. Citation of a civil jury.(NOTE: includes outlays incurred in citing and countermanding, and is payable on the lodging of a proposed issue for jury trial.)	298	292
8. Certified copy of a document	18	18

SCHEDULE 3 — TABLES OF FEES

PART 1 — Sheriff court

Column 1	Column 2	Column 3
(Matters)	(Fee Payable)	(Fee Formerly Payable)
	£	£
PART I — COMMISSARY PROCEEDINGS
1. Petition for—
appointment of executor;	18	18
restriction of caution;	18	18
special warrant;	18	18
sealing up of repositories or the like;	18	18
appointment of Commissary factor.	18	18
(NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree)	18	18
2. Sealing up repositories or the like, per hour.	30	30
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—
£50,000;	No fee	-
£250,000;	250	-
where the amount of the estate exceeds £250,000;	500	-
receiving and examining additional or corrective inventory of estate or inventory of estate ad non executa—
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—
£50,000;	No fee	-
£250,000;	250	-
where the amount of the estate exceeds £250,000;	500	-
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) Issuing certificate of confirmation—
if ordered when lodging inventory, each certificate;	7	7
if ordered subsequent to lodging inventory—	7	7
first certificate, including search fee;	18	18
each subsequent certificate.	7	7
(2) Copy or duplicate confirmation—	12	12
if ordered when lodging inventory;	12	12
if ordered subsequent to lodging inventory—
duplicate confirmation, including search fee;	24	24
each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i).	12	12
(3) Certified extract confirmation and will (if any)—	24	24
if ordered when lodging inventory;	24	24
if ordered subsequent to lodging inventory—	36	36
certified extract, including search fee;	36	36
each subsequent certified extract if ordered at the same time as the certified extract in head (i).	24	24
(4) Copy will—	7	7
if ordered when lodging inventory;	7	7
if ordered subsequent to lodging inventory—	18	18
copy will, including search fee;	18	18
each subsequent copy will if ordered at the same time as the copy will in head (i).	7	7
PART II — SHERIFF COURTPROCEEDINGS
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).	120	96
6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment.	120	96
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).	150	150
Application for simplified divorce and simplified dissolution of civil partnership	120	113
8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree).	120	113
9. Subsequent application upon change of circumstances by party.	30	30
Summary warrant	71	71
10. Application for summary warrant.	71	71
Bankruptcy	113	113
11. Petition for sequestration of estates or petition for recall of award of sequestration.	113	113
12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016.	59	59
13. Application for the approval of composition.	36	36
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.	227	227
15. Issue of chancery extract.	107	107
Summary cause/simple procedure
16. Summons for summary cause or claim form for simple procedure case (NOTE: includes European small claim procedure and fee covers issue of extract decree or issue of decision)—
actions for payment of money of £200 or less (or 250 euros for European small claims);	18	18
other actions;	100	78
on the marking of an appeal or the sending of an appeal form to the sheriff court.	59	59
Criminal procedure	36	36
17. Complaint.	36	36
Road Traffic Offenders Act 1988	89	89
18. Petition for removal of disqualification.	89	89
Miscellaneous	18	18
19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995.	18	18
20. Caveat.	36	36
21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982.	24	24
22. Note in a liquidation or judicial factory.	36	36
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;	120	96
in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership).	150	150
Civil court procedure
Payable by pursuer
24. Lodging of a certified copy record under the Ordinary Cause Rules (NOTE: fee payable only once in respect of a cause).	113	113
25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules.	113	113
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.	54	54
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).	227	227
28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed.	66	66
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 (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion).	48	48
30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table).	113	113
Sheriff court books	24	24
31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table).	24	24
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).	12	12
Miscellaneous office procedures	71	71
33. Lodging each set of plans or other Parliamentary deposit.	71	71
34. Inspection of report of auction and the auditor of court’s report.	18	18
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—	346	346
weekly for 12 months.	346	346
36. Recording, engrossing, extracting, printing or copying of all documents, except as provided for at paragraph 4 of this Table (exclusive of search fee)—
by photocopying or otherwise producing a printed or typed copy—
up to 10 pages;	6	6
each page or part thereof in excess of 10 pages;	0.50	0.50
for a copy of each document in electronic form.	6	6
(NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.)	6	6
37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.—	12	12
In addition, correspondence fee where applicable.	12	12
38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk.	12 plus sheriff officer’s fee	12 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.	43	43
taxing accounts of expenses etc.—	20	20
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—	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 from receiving party after 4.00 pm on the fourth working day before the day of diet of taxation;	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 from receiving party after 4.00 pm on the second working day before the day of the diet of taxation.	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

PART 2 — Sheriff Personal Injury Court

*Column 1*	*Column 2*	*Column 3*
*(Matters)*	*(Fee Payable)*	*(Fee Formerly Payable)*
	£	£
1. Lodging of a written motion or minute and the lodging of any written opposition to any such motion or minute. (NOTE: where a minute is accompanied by a relevant written motion no fee is payable in respect of lodging the motion.)	54	54
2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause	59	59
3. Hearing fee: per 30 minutes or part thereof.	77	77
4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause).	107	107
5. Initial writ. (NOTE: fee covers issue of extract decree).	214	214
6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree).	214	214
7. Citation of a civil jury.(NOTE: includes outlays incurred in citing and countermanding, and is payable on the lodging of a proposed issue for jury trial.)	298	298
8. Certified copy of a document	18	18

SCHEDULE 4 — Revocations

Column 1(Instrument)	Column 2(Citation)	Column 3(Extent of revocation)
The Sheriff Court Fees Order 1997	S.I. 1997/687	The whole instrument
The Sheriff Court Fees Amendment Order 1999	S.I. 1999/754	The whole instrument
The Sheriff Court Fees Amendment Order 2002	S.S.I. 2002/269	The whole instrument
The Sheriff Court Fees Amendment Order 2003	S.S.I. 2003/97	The whole instrument
The Mental Health (Care and Treatment) (Scotland) Act 2003 (Modification of Subordinate Legislation) Order 2005	S.S.I. 2005/445	Paragraph 26 of Schedule 1
The Sheriff Court Fees Amendment Order 2007	S.S.I. 2007/318	The whole instrument
The Sheriff Court Fees Amendment Order 2008	S.S.I. 2008/239	The whole instrument
The Sheriff Court Fees Amendment Order 2009	S.S.I. 2009/89	The whole instrument
The Sheriff Court Fees Amendment Order 2012	S.S.I. 2012/293	The whole instrument
The Welfare Reform (Consequential Amendments) (Scotland) (No. 2) Regulations 2013	S.S.I. 2013/137	Regulation 10

Signed

MICHAEL MATHESON — A member of the Scottish Government — 15th June 2015

Explanatory note

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Footnotes

[^f00001]: 2014 asp 18.

[^f00002]: The Ordinary Cause Rules 1993 are in Schedule 1 to the Sheriff Courts (Scotland) Act 1907 (c.51). Schedule 1 was substituted by S.I. 1993/1956 and was last amended by S.S.I. 2015/227 (which, among other amendments, introduced Chapters 15A and 36B).

[^f00004]: 1971 c.58.

[^f00005]: 2014 asp 18.

[^f00006]: See article 2 of the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 (S.S.I. 2015/213).

[^f00007]: 2014 asp 18.

[^f00008]: 1992 c.4. Section 124, which provides for income support, was amended by the Jobseekers Act 1995 (c.18), section 41 and Schedules 2 and 3; the Welfare Reform and Pensions Act 1999 (c.30), section 70 and Schedule 8, Part IV, paragraph 28; the State Pension Credit Act 2002 (c.16), Schedules 2 and 3; the Civil Partnership Act 2004 (c.33), Schedule 24; the Welfare Reform Act 2007 (c.5), Schedules 3 and 8; the Welfare Reform Act 2009 (c.24), section 3; and the Welfare Reform Act 2012 (c.5), Schedule 14.

[^f00009]: 1995 c.18.

[^f00010]: 2012 c.5.

[^f00011]: 1986 c.47. Section 13(2) was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), section 74 and Schedule 8, paragraph 36(3).

[^f00012]: 2002 c.16.

[^f00013]: 2002 c.21. Section 3(5A) was substituted for section 3(5) to (6) by the Civil Partnership Act 2004, Schedule 24, paragraph 144(3).

[^f00014]: 2007 c.5.

[^f00015]: 1984 c.51. Sections 153A and 155A were inserted by, and section 154 was last amended by, section 75 of the Finance Act 2015 (c.11).

[^f00016]: 1974 c.39; section 129 was amended by the Debtors (Scotland) Act 1987 (c. 18) and the Consumer Credit Act 2006 (c.14).

[^f00017]: 1995 c.36.

[^f00018]: 2003 asp 13.

[^f00019]: 2011 asp 1.

[^f00020]: 2002 asp 17.

[^f00021]: Column 3 shows the fees which were payable by virtue of Schedule 1 to S.I. 1997/687 (as substituted by S.S.I. 2012/293) immediately before the coming into force of this Schedule.

[^f00022]: 1892 c.6.

[^f00023]: The applicable figure was £5,000.

[^f00024]: 1985 c.66.

[^f00025]: 1988 c.53.

[^f00026]: 1995 c.7.

[^f00027]: 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.

[^f00028]: A different fee structure previously applied.

[^f00029]: A different fee structure previously applied.

[^f00030]: Column 3 shows the fees which were payable by virtue of Part 1 of Schedule 1 to this Order immediately before the coming into force of this Schedule.

[^f00031]: 1988 c.53.

[^f00032]: Column 3 shows the fees which were payable by virtue of Part 2 of Schedule 1 to this Order immediately before the coming into force of this Schedule.

Editorial notes

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