Sheriff Court Fees Amendment Order 1992

JurisdictionUK Non-devolved
CitationSI 1992/413
Year1992

1992 No. 413 (S. 46)

SHERIFF COURT, SCOTLAND

The Sheriff Court Fees Amendment Order 1992

Made 26th February 1992

Laid before Parliament 10th March 1992

Coming into force 1st April 1992

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 18951, and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

S-1 This Order may be cited as the Sheriff Court Fees Amendment...

1. This Order may be cited as the Sheriff Court Fees Amendment Order 1992 and shall come into force on 1st April 1992.

S-2 For the Table of Fees in the Schedule to the Sheriff Court Fees...

2. For the Table of Fees in the Schedule to the Sheriff Court Fees Order 19852there shall be substituted the Table of Fees set out in the Schedule to this Order.

S-3 The Sheriff Court Fees Amendment Order 1991 is hereby revoked.

The Sheriff Court Fees Amendment Order 1991 is hereby revoked.

3. The Sheriff Court Fees Amendment Order 19913is hereby revoked.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

St. Andrew’s House,

St.

Edinburgh

25th February 1992

Irvine Patnick

Thomas Sackville

Two of the Lords Commissioners of Her Majesty’s Treasury

26th February 1992

SCHEDULE

Article 2

TABLE OF FEES

Column 1

Column 2

Column 3

(Matters)

(Fee payable)

(Fee formerly payable)

1. PART I — COMMISSARY PROCEEDINGS

Petition for (a) appointment of executor, (b) restriction of caution, (c) special warrant, (d) sealing up repositories or the like, or (e) appointment of Commissary factor

£6.00

£5.50

2. Sealing up repositories or the like, per hour

£13.00

£11.50

3. (a) Receiving and examining inventory of estate, except where sub-paragraph (b), (c) or (d) of this paragraph applies—

(i) 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 18925is required, does not exceed—

£3,000

No fee

No fee

£13,000

£20.00

£20.00

£20,000

£50.00

£50.00

(ii) where the amount of the said estate exceeds £20,000—

Basic fee

£50.00

£50.00

Additional fee for each £10,000 or part thereof by which the estate exceeds £20,000

£20.00

£20.00

(b) Receiving and examining additional or corrective inventory of estate—

Basic fee

£6.00

£5.50

Additional fee for each £1,000 (excluding the first £1,000) or part thereof of the overall increase made by the additional or corrective inventory in the amount of the whole estate vested in or belonging to the deceased, of which confirmation has been sought or obtained, or for which resealing as aforesaid, has been sought or obtained

£2.00

£2.00

(c) Receiving and examining inventory of estate ad non executa

£6.00

£5.50

(d) Receiving and examining inventory of estate where it is declared that confirmation is not required:

The fees payable shall be half those specified in subparagraph (a) of this paragraph. If confirmation is subsequently required, the remaining half of the fees specified in sub-paragraph (a) shall be payable.

4. Commissary copying and extracting

(1) Issuing certificate of confirmation

(a) if ordered when lodging inventory — each certificate

£2.50

£2.00

(b) if ordered subsequent to lodging inventory—

(i) first certificate — including search fee

£8.00

£2.00 plus £5.00 search fee

(ii) each subsequent certificate

£2.50

£2.50

2. Copy or duplicate confirmation—

(a) if ordered when lodging inventory

£5.00

£1.00 per page

(b) if ordered subsequent to lodging inventory — including search fee

£10.50

£1.00 per page plus £5.00 search fee

3. Certified extract confirmation and will (if any)—

(a) if ordered when lodging inventory

£10.50

£1.00 per page plus £4.00 certification fee

(b) if ordered subsequent to lodging inventory — including search fee

£16.00

£1.00 per page, plus £4.00 certification fee and £5.00 search fee

4. Copy will—

(a) if ordered when lodging inventory

£3.00

£1.00 per page

(b) if ordered subsequent to lodging inventory — including search fee

£8.50

£1.00 per page plus £5.00 search fee

PART II — SHERIFF COURT PROCEEDINGS

Ordinary actions and various other proceedings

5. Initial writ in any proceedings not being proceedings for which any other paragraph of this Table prescribes a fee

£30.00

£26.00

6. First writ, reponing note or attendance to state a defence, or oppose an interim order in proceedings to which paragraph 5 of this Table applies, each defender or compearer

£30.00

£26.00

7. Bankruptcy proceedings

Petition for sequestration of estates

£44.00

£26.00

8. Act and warrant of trustee

£20.00

£11.50

9. Writing minute of meeting, per hour

£13.00

£11.50

10. Application (written or oral) for discharge of trustee

£20.00

£11.50

11. Petition for discharge of bankrupt or application for approval of composition or deed of arrangement

£20.00

£11.50

12. Sheriff clerk acting as commissioner

£23.00

£21.00

12A. Miscellaneous applications including appeals under the Bankruptcy (Scotland) Act 19856

£20.00

£18.50

13. Service of heirs

Petition for general or special service or completion of title, or note for a Crown or Prince’s charter, writ or precept

£42.00

£38.00

14. Enforcement of UK judgments

Any proceedings under section 12 or 18 of the Civil Jurisdiction and Judgments Act 19827

£8.00

£7.50

15. Criminal Procedure (Scotland) Act 19758

Complaint

£10.50

£9.50

16. Summary cause

Summons — Summary Cause (including small claim):

(a) Actions for payment of money less than £50

£6.00

£6.00

(b) Other actions

£26.00

£24.00

(c) In relation to a small claim summons, citation of, or intimation to any party by sheriff officer

£19.50

£15.00

17. Action of divorce (other than simplified divorce application)

Initial writ in an action of divorce other than a simplified divorce application

£40.00

£40.00

18. First writ or attendance to state a defence or oppose an interim order, each defender or compearer in an action of divorce other than a simplified divorce application

£40.00

£40.00

19. Simplified divorce application

Simplified divorce application (inclusive of all procedures other than those specified in paragraphs 20 and 21 of this Table)

£40.00

£40.00

20. In relation to a simplified divorce application, citation of, or intimation to, any person or persons by sheriff officer

£31.00

£15.00

21. Subsequent application upon change of circumstances by party to simplified divorce application

£12.50

£11.50

22. Miscellaneous

Note in a liquidation or judicial factory

£12.50

£11.50

23. Caveat

£12.50

£11.50

24. Summary warrant for recovery of rates

£30.00

£26.00

25. Summary warrant for recovery of community charges

£30.00

£26.00

26. Summary warrant for recovery of taxes

£30.00

£26.00

27. Recording protest of a bill or promissory note

£5.50

£5.00

NOTE: Extract to be charged as in paragraph 32 of this Table.

28. Lodging each set of plans or other Parliamentary deposit

£30.00

£26.00

29. Preservation of deeds, each deed

£4.50

£4.00

NOTE: Recording and extracting to be charged under paragraph 32 of this Table.

30. Inspection of report of sale and the auditor of court’s report

£5.50

£5.00

31. Inspection by a trade protection society, licensed credit reference agency or trade publication of protests, Act Book and Court Rolls—

(a) Weekly for twelve months (payable in advance)

£135.00

£123.00

(b) Twice weekly for twelve...

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