LegalizeThe Sheriff Court Fees Order 2018
Made: 23rd February 2018
Laid before the Scottish Parliament: 27th February 2018
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: legal aid
8
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Exemption of certain persons from fees: social security
9
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Exemption in connection with estate exempt from inheritance tax
10
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Exemptions relating to particular proceedings
11
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Exemptions for applicants for certain interdicts and orders
12
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Exemption of certain motions from fees: jury trials in the Sheriff Personal Injury Court
13
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Revocation
14
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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)[^f00028] |
| £ | £ | |
| PART I — COMMISSARY PROCEEDINGS | ||
| 1. Petition for— | ||
| appointment of executor; | 19 | 18 |
| restriction of caution; | 19 | 18 |
| special warrant; | 19 | 18 |
| sealing up of repositories or the like; | 19 | 18 |
| appointment of Commissary factor. | 19 | 18 |
| (NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree). | 19 | 18 |
| 2. Sealing up repositories or the like, per hour. | 31 | 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 | No fee |
| £250,000; | 256 | 250 |
| where the amount of the estate exceeds £250,000; | 512 | 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 | No fee |
| £250,000; | 256 | 250 |
| where the amount of the estate exceeds £250,000; | 512 | 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; | 8 | 7 |
| if ordered subsequent to lodging inventory— | 8 | 7 |
| first certificate, including search fee; | 19 | 18 |
| each subsequent certificate. | 8 | 7 |
| (2) Copy or duplicate confirmation— | 13 | 12 |
| if ordered when lodging inventory; | 13 | 12 |
| if ordered subsequent to lodging inventory— | ||
| duplicate confirmation, including search fee; | 25 | 24 |
| each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i). | 13 | 12 |
| (3) Certified extract confirmation and will (if any)— | 25 | 24 |
| if ordered when lodging inventory; | 25 | 24 |
| if ordered subsequent to lodging inventory— | 37 | 36 |
| certified extract, including search fee; | 37 | 36 |
| each subsequent certified extract if ordered at the same time as the certified extract in head (i). | 25 | 24 |
| (4) Copy will— | 8 | 7 |
| if ordered when lodging inventory; | 8 | 7 |
| if ordered subsequent to lodging inventory— | 19 | 18 |
| copy will, including search fee; | 19 | 18 |
| each subsequent copy will if ordered at the same time as the copy will in head (i). | 8 | 7 |
| PART II — SHERIFF COURT PROCEEDINGS | ||
| Initial Writ | ||
| 5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table specifies a fee. (NOTE: fee covers issue of extract decree). | 127 | 120 |
| 6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment. | 127 | 120 |
| 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). | 153 | 150 |
| Application for simplified divorce and simplified dissolution of civil partnership | 123 | 120 |
| 8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree). | 123 | 120 |
| 9. Subsequent application upon change of circumstances by party. | 31 | 30 |
| Summary warrant | 73 | 71 |
| 10. Application for summary warrant. | 73 | 71 |
| Bankruptcy | 116 | 113 |
| 11. Petition for sequestration of estates or petition for recall of award of sequestration. | 116 | 113 |
| 12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016[^f00029]. | 60 | 59 |
| 13. No fee. | - | 36[^f00030] |
| 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. | 232 | 227 |
| 15. Issue of chancery extract. | 109 | 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); | 19 | 18 |
| other actions; | 102 | 100 |
| on the marking of an appeal or the sending of an appeal form to the sheriff court. | 60 | 59 |
| Criminal procedure | 37 | 36 |
| 17. Complaint. | 37 | 36 |
| Road Traffic Offenders Act 1988 | 91 | 89 |
| 18. Petition for removal of disqualification. | 91 | 89 |
| Miscellaneous | 19 | 18 |
| 19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995. | 19 | 18 |
| 20. Caveat. | 43 | 36 |
| 21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982. | 25 | 24 |
| 22. Note in a liquidation or judicial factory. | 37 | 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; | 127 | 120 |
| in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership). | 153 | 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). | 116 | 113 |
| 25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules. | 116 | 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. | 55 | 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). | 232 | 227 |
| 28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed. | 68 | 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). | 49 | 48 |
| 30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table). | 116 | 113 |
| Sheriff court books | 25 | 24 |
| 31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table). | 25 | 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). | 13 | 12 |
| Miscellaneous office procedures | 73 | 71 |
| 33. Lodging each set of plans or other Parliamentary deposit. | 73 | 71 |
| 34. Inspection of report of auction and the auditor of court’s report. | 19 | 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— | 354 | 346 |
| weekly for 12 months. | 354 | 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; | 7 | 6 |
| each page or part thereof in excess of 10 pages; | 0.50 | 0.50 |
| for a copy of each document in electronic form. | 7 | 6 |
| (NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.) | 7 | 6 |
| 37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.— | 13 | 12 |
| In addition, correspondence fee where applicable. | 13 | 12 |
| 38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk. | 13 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; | 44 | 43 |
| taxing accounts of expenses etc.— | 21 | 20 |
| up to £400; | 21 | 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)[^f00031] |
| £ | £ | |
| 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.) | 55 | 54 |
| 2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause. | 60 | 59 |
| 3. Hearing fee: per 30 minutes or part thereof. | 79 | 77 |
| 4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause). | 109 | 107 |
| 5. Initial writ. (NOTE: fee covers issue of extract decree). | 219 | 214 |
| 6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree). | 219 | 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.) | 305 | 298 |
| 8. Certified copy of a document. | 19 | 18 |
SCHEDULE 2 — TABLES OF FEES
PART 1 — Sheriff court
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Matters) | (Fee Payable) | (Fee Formerly Payable)[^f00032] |
| £ | £ | |
| PART I — COMMISSARY PROCEEDINGS | ||
| 1. Petition for— | ||
| appointment of executor; | 19 | 19 |
| restriction of caution; | 19 | 19 |
| special warrant; | 19 | 19 |
| sealing up of repositories or the like; | 19 | 19 |
| appointment of Commissary factor. | 19 | 19 |
| (NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree). | 19 | 19 |
| 2. Sealing up repositories or the like, per hour. | 32 | 31 |
| 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 | No fee |
| £250,000; | 261 | 256 |
| where the amount of the estate exceeds £250,000; | 522 | 512 |
| 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 | No fee |
| £250,000; | 261 | 256 |
| where the amount of the estate exceeds £250,000; | 522 | 512 |
| 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; | 8 | 8 |
| if ordered subsequent to lodging inventory— | 8 | 8 |
| first certificate, including search fee; | 19 | 19 |
| each subsequent certificate. | 8 | 8 |
| (2) Copy or duplicate confirmation— | 13 | 13 |
| if ordered when lodging inventory; | 13 | 13 |
| if ordered subsequent to lodging inventory— | ||
| duplicate confirmation, including search fee; | 26 | 25 |
| each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i). | 13 | 13 |
| (3) Certified extract confirmation and will (if any)— | 26 | 25 |
| if ordered when lodging inventory; | 26 | 25 |
| if ordered subsequent to lodging inventory— | 38 | 37 |
| certified extract, including search fee; | 38 | 37 |
| each subsequent certified extract if ordered at the same time as the certified extract in head (i). | 26 | 25 |
| (4) Copy will— | 8 | 8 |
| if ordered when lodging inventory; | 8 | 8 |
| if ordered subsequent to lodging inventory— | 19 | 19 |
| copy will, including search fee; | 19 | 19 |
| each subsequent copy will if ordered at the same time as the copy will in head (i). | 8 | 8 |
| PART II — SHERIFF COURT PROCEEDINGS | ||
| Initial Writ | ||
| 5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table specifies a fee. (NOTE: fee covers issue of extract decree). | 129 | 127 |
| 6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment. | 129 | 127 |
| 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). | 156 | 153 |
| Application for simplified divorce and simplified dissolution of civil partnership | 125 | 123 |
| 8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree). | 125 | 123 |
| 9. Subsequent application upon change of circumstances by party. | 32 | 31 |
| Summary warrant | 74 | 73 |
| 10. Application for summary warrant. | 74 | 73 |
| Bankruptcy | 118 | 116 |
| 11. Petition for sequestration of estates or petition for recall of award of sequestration. | 118 | 116 |
| 12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016[^f00033]. | 61 | 60 |
| 13. No fee. | - | - |
| 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. | 237 | 232 |
| 15. Issue of chancery extract. | 111 | 109 |
| 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 £300 or less (or 250 euros for European small claims); | 19 | 19 |
| other actions; | 104 | 102 |
| on the marking of an appeal or the sending of an appeal form to the sheriff court. | 61 | 60 |
| Criminal procedure | 38 | 37 |
| 17. Complaint. | 38 | 37 |
| Road Traffic Offenders Act 1988 | 93 | 91 |
| 18. Petition for removal of disqualification. | 93 | 91 |
| Miscellaneous | 19 | 19 |
| 19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995. | 19 | 19 |
| 20. Caveat. | 44 | 43 |
| 21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982. | 26 | 25 |
| 22. Note in a liquidation or judicial factory. | 38 | 37 |
| 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; | 129 | 127 |
| in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership). | 156 | 153 |
| 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). | 118 | 116 |
| 25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules. | 118 | 116 |
| 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. | 56 | 55 |
| 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). | 237 | 232 |
| 28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed. | 69 | 68 |
| 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). | 50 | 49 |
| 30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table). | 118 | 116 |
| Sheriff court books | 26 | 25 |
| 31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table). | 26 | 25 |
| 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). | 13 | 13 |
| Miscellaneous office procedures | 74 | 73 |
| 33. Lodging each set of plans or other Parliamentary deposit. | 74 | 73 |
| 34. Inspection of report of auction and the auditor of court’s report. | 19 | 19 |
| 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— | 361 | 354 |
| weekly for 12 months. | 361 | 354 |
| 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; | 7 | 7 |
| each page or part thereof in excess of 10 pages; | 0.50 | 0.50 |
| for a copy of each document in electronic form. | 7 | 7 |
| (NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.) | 7 | 7 |
| 37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.— | 13 | 13 |
| In addition, correspondence fee where applicable. | 13 | 13 |
| 38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk. | 13 plus sheriff officer’s fee | 13 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; | 45 | 44 |
| taxing accounts of expenses etc.— | 21 | 21 |
| up to £400; | 21 | 21 |
| 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)[^f00034] |
| £ | £ | |
| 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.) | 56 | 55 |
| 2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause. | 61 | 60 |
| 3. Hearing fee: per 30 minutes or part thereof. | 81 | 79 |
| 4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause). | 111 | 109 |
| 5. Initial writ. (NOTE: fee covers issue of extract decree). | 223 | 219 |
| 6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree). | 223 | 219 |
| 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.) | 311 | 305 |
| 8. Certified copy of a document. | 19 | 19 |
SCHEDULE 3 — TABLES OF FEES
PART 1 — Sheriff court
| Column 1 | Column 2 | Column 3 |
|---|---|---|
| (Matters) | (Fee Payable) | (Fee Formerly Payable) [^f00035] |
| £ | £ | |
| PART I — COMMISSARY PROCEEDINGS | ||
| 1. Petition for— | ||
| appointment of executor; | 19 | 19 |
| restriction of caution; | 19 | 19 |
| special warrant; | 19 | 19 |
| sealing up of repositories or the like; | 19 | 19 |
| appointment of Commissary factor. | 19 | 19 |
| (NOTE: the fee for all petitions in paragraph 1 includes issue of extract decree). | 19 | 19 |
| 2. Sealing up repositories or the like, per hour. | 33 | 32 |
| 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 | No fee |
| £250,000; | 266 | 261 |
| where the amount of the estate exceeds £250,000; | 532 | 522 |
| 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 | No fee |
| £250,000; | 266 | 261 |
| where the amount of the estate exceeds £250,000; | 532 | 522 |
| 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; | 8 | 8 |
| if ordered subsequent to lodging inventory— | 8 | 8 |
| first certificate, including search fee; | 19 | 19 |
| each subsequent certificate. | 8 | 8 |
| (2) Copy or duplicate confirmation— | 13 | 13 |
| if ordered when lodging inventory; | 13 | 13 |
| if ordered subsequent to lodging inventory— | ||
| duplicate confirmation, including search fee; | 27 | 26 |
| each subsequent duplicate confirmation if ordered at the same time as the duplicate confirmation in head (i). | 13 | 13 |
| (3) Certified extract confirmation and will (if any)— | 27 | 26 |
| if ordered when lodging inventory; | 27 | 26 |
| if ordered subsequent to lodging inventory— | 39 | 38 |
| certified extract, including search fee; | 39 | 38 |
| each subsequent certified extract if ordered at the same time as the certified extract in head (i). | 27 | 26 |
| (4) Copy will— | 8 | 8 |
| if ordered when lodging inventory; | 8 | 8 |
| if ordered subsequent to lodging inventory— | 19 | 19 |
| copy will, including search fee; | 19 | 19 |
| each subsequent copy will if ordered at the same time as the copy will in head (i). | 8 | 8 |
| PART II — SHERIFF COURT PROCEEDINGS | ||
| Initial Writ | ||
| 5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table specifies a fee. (NOTE: fee covers issue of extract decree). | 132 | 129 |
| 6. European Order for payment in terms of EU Regulation 1896/2006 – application for European Order for payment. | 132 | 129 |
| 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). | 159 | 156 |
| Application for simplified divorce and simplified dissolution of civil partnership | 128 | 125 |
| 8. Any application (inclusive of all procedures other than those specified at paragraphs 9 and 38). (NOTE: fee covers issue of extract decree). | 128 | 125 |
| 9. Subsequent application upon change of circumstances by party. | 33 | 32 |
| Summary warrant | 75 | 74 |
| 10. Application for summary warrant. | 75 | 74 |
| Bankruptcy | 120 | 118 |
| 11. Petition for sequestration of estates or petition for recall of award of sequestration. | 120 | 118 |
| 12. Miscellaneous applications, including appeals under the Bankruptcy (Scotland) Act 1985 or the Bankruptcy (Scotland) Act 2016[^f00036]. | 62 | 61 |
| 13. No fee. | - | - |
| 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. | 242 | 237 |
| 15. Issue of chancery extract. | 113 | 111 |
| 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 £300 or less (or 250 euros for European small claims); | 19 | 19 |
| other actions; | 106 | 104 |
| on the marking of an appeal or the sending of an appeal form to the sheriff court. | 62 | 61 |
| Criminal procedure | 39 | 38 |
| 17. Complaint. | 39 | 38 |
| Road Traffic Offenders Act 1988 | 95 | 93 |
| 18. Petition for removal of disqualification. | 95 | 93 |
| Miscellaneous | 19 | 19 |
| 19. Application under section 4 of the Requirements of Writing (Scotland) Act 1995. | 19 | 19 |
| 20. Caveat. | 45 | 44 |
| 21. Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 1982. | 27 | 26 |
| 22. Note in a liquidation or judicial factory. | 39 | 38 |
| 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; | 132 | 129 |
| in an action of divorce or dissolution of a civil partnership (other than a simplified divorce or dissolution of civil partnership). | 159 | 156 |
| 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). | 120 | 118 |
| 25. Lodging of a certified closed record under the additional procedure of the Ordinary Cause Rules. | 120 | 118 |
| 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. | 57 | 56 |
| 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). | 242 | 237 |
| 28. Initial lodging of affidavits in a family action where proof by affidavit evidence has been allowed. | 70 | 69 |
| 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). | 51 | 50 |
| 30. Marking an appeal to the sheriff principal in any proceedings (other than as provided for in paragraph 16(c) of this Table). | 120 | 118 |
| Sheriff court books | 27 | 26 |
| 31. Recording protest of a bill or promissory note (NOTE: Extracts to be charged as in paragraph 36 of this Table). | 27 | 26 |
| 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). | 13 | 13 |
| Miscellaneous office procedures | 75 | 74 |
| 33. Lodging each set of plans or other Parliamentary deposit. | 75 | 74 |
| 34. Inspection of report of auction and the auditor of court’s report. | 19 | 19 |
| 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— | 368 | 361 |
| weekly for 12 months. | 368 | 361 |
| 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; | 7 | 7 |
| each page or part thereof in excess of 10 pages; | 0.50 | 0.50 |
| for a copy of each document in electronic form. | 7 | 7 |
| (NOTE: Recording in Sheriff Court Register of Deeds to be charged as in paragraph 31.) | 7 | 7 |
| 37. Any search of records or archives, except as provided for at paragraph 4 of this Table, per 30 minutes or part thereof.— | 13 | 13 |
| In addition, correspondence fee where applicable. | 13 | 13 |
| 38. Citation of, or intimation to, any person or persons by sheriff officer as instructed by the sheriff clerk. | 13 plus sheriff officer’s fee | 13 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; | 46 | 45 |
| taxing accounts of expenses etc.— | 21 | 21 |
| up to £400; | 21 | 21 |
| 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)[^f00037] |
| £ | £ | |
| 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.) | 57 | 56 |
| 2. Fixing, allocating or assigning of a proof or trial, a debate or a hearing on the merits of the cause. | 62 | 61 |
| 3. Hearing fee: per 30 minutes or part thereof. | 83 | 81 |
| 4. Lodging a certified copy closed record. (NOTE: fee payable only once in respect of a cause). | 113 | 111 |
| 5. Initial writ. (NOTE: fee covers issue of extract decree). | 227 | 223 |
| 6. Lodging defences (fee payable by each defender or compearer). (NOTE: fee covers issue of extract decree). | 227 | 223 |
| 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.) | 317 | 311 |
| 8. Certified copy of a document. | 19 | 19 |
Signed
ANNABELLE EWING — Authorised to sign by the Scottish Ministers — 2018-02-23
Explanatory note
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Footnotes
[^f00001]: 2014 asp 18.
[^f00002]: The Ordinary Cause Rules 1993 are in schedule 1 of 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. 2017/186.
[^f00003]: 1971 c.58.
[^f00004]: 2005 c.19.
[^f00005]: See article 2 of the All-Scotland Sheriff Court (Sheriff Personal Injury Court) Order 2015 (S.S.I. 2015/213).
[^f00006]: “simple procedure case” is defined in section 72(9) of the Courts Reform (Scotland) Act 2014.
[^f00007]: 1995 c.7.
[^f00008]: 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).
[^f00009]: 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.
[^f00010]: 1995 c.18.
[^f00011]: 2002 c.16.
[^f00012]: 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).
[^f00013]: 2007 c.5.
[^f00014]: 2012 c.5.
[^f00015]: 2015 asp 5.
[^f00016]: 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).
[^f00017]: 1974 c.39. Section 129 was amended by the Debtors (Scotland) Act 1987 (c. 18) and the Consumer Credit Act 2006 (c.14).
[^f00018]: 2003 asp 13.
[^f00019]: 2011 asp 1.
[^f00020]: 2002 asp 17.
[^f00021]: 1981 c.59. Section 14 was amended by the Family Law (Scotland) Act 2006 (asp 2), section 10(2) and (3) and schedule 3 and by S.S.I. 2006/384, article 6.
[^f00022]: Section 18A was inserted by the Family Law (Scotland) Act 2006 ( asp 2), section 31(3).
[^f00023]: 2004 c. 33. Section 113 was amended by the Family Law (Scotland) Act 2006, schedule 1, paragraph 8 and schedule 3 and by S.S.I. 2006/384, article 10.
[^f00024]: 2001 asp 14. Section 1 was amended by the Family Law (Scotland) Act 2006, section 32(2) and (3).
[^f00025]: Section 4 was amended by the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c.73), section 13(5). By virtue of section 18(3) of the Matrimonial Homes (Family Protection) (Scotland) Act 1981, section 4 applies in certain cases to cohabiting couples.
[^f00026]: 1995 c.36. There are amendments to section 76 not relevant to this Order.
[^f00027]: S.S.I. 2015/264, amended by S.S.I. 2016/332.
[^f00028]: Column 3 shows the fees which were payable by virtue of Part 1 of schedule 3 of S.S.I. 2015/264 (as substituted by S.S.I. 2016/332) immediately before the coming into force of this schedule.
[^f00029]: 2016 asp 21.
[^f00030]: A fee for application for the approval of composition has previously been applicable.
[^f00031]: Column 3 shows the fees which were payable by virtue of Part 2 of schedule 3 of S.S.I. 2015/264 (as substituted by schedule 4 of S.S.I. 2016/332) immediately before the coming into force of this schedule.
[^f00032]: Column 3 shows the fees which were payable by virtue of Part 1 of schedule 1 of this Order immediately before the coming into force of this schedule.
[^f00033]: 2016 asp 21.
[^f00034]: Column 3 shows the fees which were payable by virtue of Part 2 of schedule 1 of this Order immediately before the coming into force of this schedule.
[^f00035]: Column 3 shows the fees which were payable by virtue of Part 1 of schedule 2 of this Order immediately before the coming into force of this schedule.
[^f00036]: 2016 asp 21.
[^f00037]: Column 3 shows the fees which were payable by virtue of Part 2 of schedule 2 of this Order immediately before the coming into force of this schedule.
[^f00038]: 1987 c.18.
Editorial notes
[^key-e5a23cee7b629c7e59f75e0a3fc89792]: Order revoked (1.7.2022) by The Sheriff Court Fees Order 2022 (S.S.I. 2022/181), arts. 1(1), 15(a)
Cases where articles 8 and 9 do not apply
9A
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Exemption in connection with estate exempt from inheritance tax
Exemptions relating to particular proceedings
Exemptions for applicants for certain interdicts and orders
Exemption of certain motions from fees: jury trials in the Sheriff Personal Injury Court
Revocation
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