Sheriff Court Fees Order 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/827 |
| Year | 1985 |
1985 No. 827 (S. 77)
SHERIFF COURT, SCOTLAND
The Sheriff Court Fees Order 198523rdMay 1985
31stMay 1985
24thJune 1985
In exercise of the powers conferred on me by section 2 of the Courts of Law Fees (Scotland) Act 1895(a) and of all other powers enabling me in that behalf, and with the concurrence of the Treasury, I hereby make the following order:—
Citation and commencement
1. This order may be cited as the Sheriff Court Fees Order 1985 and shall come into operation on 24th June 1985.
Interpretation
2.—(1) In this order, unless the context otherwise requires—
"extract decree" includes any duly authenticated extract of an order made by the sheriff in respect of any licence, appointment, discharge or like matter;
"sheriff clerk" includes the Sheriff Clerk of Chancery, the Commissary Clerk of Edinburgh and sheriff clerk depute;
"summary cause" has the meaning assigned to it by section 35(1) of the Sheriff Courts (Scotland) Act 1971(b);
"Table of Fees" means the Table of Fees specified in the Schedule to this order;
"writ" means any document containing written pleadings relating to proceedings in the sheriff court and includes an inventory of estate, a precept of arrestment on a liquid document of debt and a notice of intention to defend.
(2) For the purpose of any reference in this order to a defender, compearer or party, any defenders, compearers or parties who have the same interest and who lodge, or are preparing to lodge, a writ in their joint names shall be treated as a single defender, compearer or party.
(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) 1971 c. 58.
Fees payable to sheriff clerk
3. Subject to articles 4 to 9 of this order, the fees payable to the sheriff clerk in respect of the matters specified in column 1 of the Table of Fees shall be the fees specified in relation to those matters in column 2 of that Table (the fees previously payable being shown in column 3 of that Table).
Matters included in fees
4.—(1) The matters specified in paragraphs 1, 5, 6, 16, 17, 18 and 19 of the Table of Fees include, where appropriate, issue of an extract decree.
(2) The matters specified in paragraphs 10 and 11 of the Table of Fees include, where appropriate, the issue of extracts and the matter specified in the said paragraph 11 also includes, where appropriate, the issue of an abbreviate.
(3) The matter specified in paragraph 5 of the Table of Fees does not include, in the case of an application for registration or renewal of registration of a club or miners' welfare institute under the Gaming Act 1968(a), the registration or renewal of registration upon such application.
Cases in which an extra fee is payable
5.—(1) When a summary cause is remitted to the ordinary roll the fees specified in paragraphs 5 and 6 of the Table of Fees shall become payable in respect of the action by the persons who would have been required to pay them if the action had been from its commencement an ordinary action, less the amount of any fee previously paid by the person concerned in respect of the action.
(2) When any commissary proceedings or bankruptcy proceedings are opposed the fees specified in paragraphs 5 and 6 of the Table of Fees shall become payable in respect of the proceedings by the persons who would have been required to pay them if the proceedings had been from their commencement proceedings to which those paragraphs applied, less the amount of any fee previously paid by the person concerned in respect of the proceedings.
Exemption of Crown from fees under this order
6.—(1) Subject to paragraph (2) of this article the fees regulated by this order shall not be payable by the Crown.
(2) Where in any proceedings to which the Crown is a...
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