Sheriff Court Fees Amendment (No.2) Order 1993

JurisdictionUK Non-devolved
CitationSI 1993/2957
Year1993

1993No. 2957 (S.273)

SHERIFF COURT, SCOTLAND

The Sheriff Court Fees Amendment (No.2) Order 1993

29thNovember1993

10thDecember1993

1stJanuary1994

The Secretary of State, in exercise of the powers conferred on him by section 2 of the Courts of Law Fees (Scotland) Act 1895 ( a) and of all other powers enabling him in that behalf, and with the concurrence of the Treasury, hereby makes the following Order:

1. This Order may be cited as the Sheriff Court Fees Amendment (No. 2) Order 1993 and shall come into force on 1st January 1994.

2. The Sheriff Court Fees Order 1985 ( b) shall be amended as follows:-

(a) after article 9 there shall be inserted the following article:-

"9A Paragraphs 16(d), 35, 36, 37, 38, 40 and 41 of the Table of Fees shall not apply to causes commenced before 1st January 1994."; and

(b) for the Table of Fees in the Schedule to that Order ( c)there shall be substituted the Table of Fees set out in the Schedule to this Order.

3. The Sheriff Court Fees Amendment Order 1992 ( d) and the Sheriff Court Fees Amendment Order 1993 ( e) are hereby revoked.

Fraser of Carmyllie

St Andrew's House, Edinburgh

Minister of State,

25th November 1993

Scottish Office

We concur,

T. J. R. Wood

Timothy Kirkhope

29th November 1993

Two of the Lords Commissioners of Her Majesty's Treasury

(a) 1895 c.14; section 2 was substituted by section 4 of the Divorce Jurisdiction, Court Fees and Legal Aid (Scotland) Act 1983 (c.12).

(b) S.I. 1985/827, amended by S.I. 1992/413 and S.I. 1993/428.

(c) As substituted by S.I. 1992/413 and amended by S.I. 1993/428.

(d) S.I. 1992/413.

(e) S.I. 1993/428.

SCHEDULE

Article 2

TABLE OF FEES

_______________________________________________________________________________
                Column 1 Column 2 Column 3
                (Matters) (Fee Payable) (Fee Formerly Payable) (a)_______________________________________________________________________________
                PART 1-COMMISSARY PROCEEDINGS
                1. Petition for (a) appointment of £10.00 £6.00
                executor, (b) restriction of caution
                (c) special warrant, (d) sealing
                up of repositories or the like, or
                (e) appointment of Commissary
                factor
                2. Sealing up repositories or the
                like, per hour £15.00 £13.00
                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 1892
                (b) is required
                does not exceed-
                £3,000 no fee No fee;£50,000 £70.00 from £3,000 to£13,000-£20.00;from £13,000 to(ii) where the amount of the said £20,000-£50.00;estate exceeds £50,000 £100.00 thereafter £20.00for each additional£10,000(b) Receiving and examining £70.00 £6.00 basic fee +additional or corrective £2.00 for eachinventory of estate or additional £1000inventory of estate (excluding the firstad non executa£1,000) or partthereof(c) Receiving and examining
                inventory of estate where it
                is declared that confirmation
                is not required
                The fees payable shall be half
                those specified in sub-paragraph
                (a) or (b) of this paragraph
                If confirmation is subsequently
                required half of the fees specified
                in sub-paragraph (a) or (b) shall
                be payable
                4 Commissary copying and extracting
                (1) Issuing certificate of
                confirmation
                (a) if ordered when lodging
                inventory-each certificate £3.00 £2.50
                (b) if ordered subsequent to
                lodging inventory-
                (i) first certificate-including
                search fee £9.00 £8.00
                (ii) each subsequent certificate £3.00 £2.50
                (2) Copy or duplicate confirmation-
                (a) if ordered when lodging inventory £5.00 £5.00
                (b) if ordered subsequent to lodging
                inventory-including search fee £11.00 £10.50
                (3) Certified extract confirmation
                and will (if any)-
                (a) if ordered when lodging inventory £11.00 £10.50
                (b) if ordered subsequent to lodging
                inventory-including search fee £19.00 £16.00
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