Act of Sederunt (Fees of Messengers-at-Arms, Sheriff Officers and Shorthand Writers) (Amendment) 2018

Made: 18th April 2018

Laid before the Scottish Parliament: 20th April 2018

Coming into force: 4th June 2018

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014[^f00002] and all other powers enabling it to do so.

Citation and commencement, etc.

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms, Sheriff Officers and Shorthand Writers) (Amendment) 2018.

• (2) It comes into force on 4th June 2018.

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

Amendment of Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992

2

• (1) The Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992[^f00003] is amended in accordance with this paragraph.

• (2) In schedule 2 (shorthand writers’ fees)[^f00004]—

• (a) in paragraph 1 (attendance), for “£43.20” and “£172.60” substitute “£44.30” and “£177.10” respectively;

• (b) in paragraph 4 (transcripts), for “£7.05” and “£8.65” substitute “£7.25” and “£8.85” respectively; and

• (c) in paragraph 5 (copies), for “£0.59” substitute “£0.61”.

Amendment of the Rules of the Court of Session 1994

3

• (1) The Rules of the Court of Session 1994[^f00005] are amended in accordance with this paragraph.

• (2) In Chapter IV (transcripts of evidence etc.) of the Table of Fees in rule 42.16(3)[^f00006]—

• (a) in paragraph 1 (attendance of shorthand writer), for “£43.20” and “£172.60” substitute “£44.30” and “£177.10” respectively; and

• (b) in paragraph 2 (notes of evidence: extension by shorthand writer or transcriber), for “£7.05”, “£8.65” and “£0.59” substitute “£7.25”, “£8.85” and “£0.61” respectively.

Amendment of Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002

4

For the Table of Fees in schedule 1 of Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002[^f00007] substitute the Table of Fees in schedule 1 of this Act of Sederunt.

Amendment of Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002

5

For the Table of Fees in schedule 1 of Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002[^f00008] substitute the Table of Fees in schedule 2 of this Act of Sederunt.

Saving

6

Paragraphs 2, 3, 4 and 5 have no effect as regards fees payable in respect of work carried out before 4th June 2018.

SCHEDULE 1

SCHEDULE 2

Signed

CJM SUTHERLAND — Lord President — I.P.D. — 18th April 2018

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt makes changes to the rules regulating the fees of shorthand writers, Messengers-at-Arms and sheriff officers.

Paragraphs 2 and 3 amend the fees chargeable by shorthand writers in relation to proceedings in the Court of Session and civil proceedings in the sheriff court, as provided for in the Rules of the Court of Session 1994, and in Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992.

Paragraphs 4 and 5 substitute new tables of fees for Messengers-at-Arms and sheriff officers in Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002 and Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002.

Footnotes

[^f00001]: 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4).

[^f00002]: 2014 asp 18.

[^f00003]: S.I. 1992/1878, last amended by S.S.I. 2016/316.

[^f00004]: Schedule 2 was substituted by S.I. 1997/1118 and last amended by S.S.I. 2016/316.

[^f00005]: The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2017/414.

[^f00006]: Chapter IV was last amended by S.S.I. 2016/316.

[^f00007]: S.S.I. 2002/566. The table of fees was substituted by S.S.I. 2016/101.

[^f00008]: S.S.I. 2002/567, last amended by S.S.I. 2017/153. The table of fees was substituted by S.S.I. 2016/100.