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United Kingdom Statutory Instruments


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Statutory Instruments

1991 No. 290 (S.26)

SHERIFF COURT, SCOTLAND

Act of Sederunt (Fees of Sheriff Officers) 1991

Made

19th February 1991

Laid before Parliament

4th March 1991

Coming into force

25th March 1991

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 40 of the Sheriff Courts (Scotland) Act 1907(1), section 6 of the Execution of Diligence (Scotland) Act 1926(2) 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) 1991 and shall come into force on 25th March 1991.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees

2.-(1) Subject to the following paragraphs of this rule, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990(3), substitute the table of Fees in the Schedule to this Act of Sederunt.

(2) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 as substituted by paragraph (1) above shall apply to work done on or after the date on which this Act of Sederant comes into force.

(3) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Sheriff Officers) 1990 having effect before the substitution under paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.

J.A.D. Hope

Lord President, IPD

Edinburgh

19th February 1991

Paragraph 2(1)

SCHEDULE 1TABLE OF FEES

ItemSummary causeOrdinary cause
Band 1Band 2Band 3Band 1Band 2Band 3

1. Service or intimation of a document

(a)Service

(i)each person at a different address

15.4023.6530.5525.1536.9047.95

(ii)each additional person at the same address or additional copy required to be served or intimated under the Act of 1987

5.155.155.158.408.408.40

(b)Postal

7.707.707.7012.6012.6012.60

(c)Postal diligence

11.5511.5511.5518.9018.9018.90

2. Interdicts

(a)Interdict only

(i)each person at a different address

68.9568.9568.95

(ii)each additional person at the same address

15.1515.1515.15

(b)Interdict and service

(i)each person at a different address

77.3577.3577.35

(ii)each additional person at the same address

23.5523.5523.55

3. Poindings

(a)Serving notice of entry

3.403.403.405.205.205.20

(b)Arranging poinding and endeavouring but being unable to execute same for whatever reason

26.6526.6526.6539.0539.0539.05

(c)Arranging and executing poinding where appraised value is-

(i)£340 under

45.7045.7045.7045.7045.7045.70

(ii)over £340 and up to £1,370

70.8070.8070.8070.8070.8070.80

(iii)Over £1,370 and up to £13,795-�10% of the appraised value only

(iv)Over £13,795 and up to £68,970-�10% of the first £13,795, 5% thereafter up to £68,970 of the appraised value

(v)Over £68,970-�10% of the first £13,795, 5% thereafter up to £68,970 and 1% of the appraised value over £68,970

(d)Reporting poinding

4.404.404.404.404.404.40

4. Poindings of motor vehicles, heavy plant or machinery

(a)Arranging and executing poinding where appraised value is-

(i)£340 or under

45.7045.7045.7045.7045.7045.70

(ii)Over £340 and up to £1,515

70.8070.8070.8070.8070.8070.80

(iii)Over £1,515 and up to £68,970-�5% of the appraised value only

(iv)Over £68,970-�5% of the first £68,970 and 1% thereafter of the appraised value

(b)Reporting poinding

4.404.404.404.404.404.40

5. Sequestrations for rent, poinding of ground

(a)Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason

24.8524.8524.8537.2537.2537.25

(b)Arranging and effecting sequestration where the appraised value is-

(i)£340 or under

43.9043.9043.90

(ii)Over £340 and up to £1,370

68.9568.9568.95

(iii)Over £1,370 as 3(c)(iii) above

(c)Arranging and effecting ordinary sequestration or poinding of the ground

68.9568.9568.95

(d)Service-as in item 1(a) or (b) above, as the case may be

6. Sales

(a)(i)Application for warrant of sale or variation of warrant of sale

7.207.207.207.207.207.20

(ii)Intimating application-as in item 1(a) or (b) above, as the case may be

(b)(i)Arranging warrant sale preparing advertisement and giving public notice

11.2511.2511.2511.2511.2511.25

(ii)Serving copy of warrant of sale and intimating the place and date of sale and if necessary the date of removal of poinded effects, as in item 1(a) or (b) above, as the case may be

(c)Officer attending warrant sale conducted by auctioneer

19.6033.2042.0019.6033.2042.00

(d)(i)Officer and witness attending warrant sale and being unable to execute same for whatever reason

24.8524.8524.8537.2537.2537.25

(ii)Officer and witness conducting sale where the appraised value is £340 or under

43.9043.9043.9043.9043.9043.90

(iii)Over £340

68.9568.9568.9568.9568.9568.95

7. Ejections

(a)Arranging ejection

24.8524.8524,8537.2537.2537.25

(b)Arranging and executing ejection

51.0551.0551.0557.9557.9557.95

8. Taking possession of effects

(a)Arranging possession

24.8524.8524.8537.2537.2537.25

(b)Arranging and effecting possession

51.0551.0551.0568.9568.9568.95

9. Apprehensions

(a)Arranging apprehension

37.2537.2537.25

(b)Arranging and apprehending

68.9568.9568.95

10. Taking possession of children

(a)Arranging to take possession

37.2537.2537.25

(b)Arranging and taking possession of each child

68.9568.9568.95

11. Arresting vessels, aircraft and cargo

(a)Arranging to arrest

24.8524.8524.8537.2537.2537.25

(b)Arranging and effecting arrestment

62.7062.7062.70114.00114.00114.00

12. Miscellaneous

(a)To making any report or application under the Act of 1987 with exception of reporting a poinding

8.658.658.658.658.658.65

(b)To granting any receipt required to be issued under the Act of 1987

4.404.404.404.404.404.40

(c)To arranging locksmith or tradesman to be in attendance

2.802.802.802.802.802.80

(d)To granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor

8.658.658.658.658.658.65

(e)Executing warrant to open

8.658.658.658.658.658.65

(f)Time

(i)with witness-£13.80 per unit

(ii)without witness-£10.35 per unit

(g)Photocopies

(i)first copy-£0.90

(ii)subsequent copies, per sheet-£0.45

Explanatory Note

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

This Act of Sederunt amends the Act of Sederunt (Fees of Sheriff Officers) 1990 by increasing the fees payable to Sheriff Officers by about 14%. The last increase was in the ACt of Sederunt (Fees of Sheriff Officers) 1989 (S.I. 1989/1018).

(1)

1907 c. 51; section 40 was amended by the Schedule to the Administration of Justice (Scotland) Act 1933 (c. 41) and by paragraph 7 of Schedule 1 to and Schedule 2 to the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c. 12), and is to be read with section 1(3) of the Secretaries of State Act 1926 (c. 18).

(3)

S.I. 1990/381


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