
1 
This Order may be cited as the Sheriff Appeal Court Fees Order 2024 and comes into force on 1 November 2024.
2 

(1) Subject to paragraph (3) and articles 3 to 6, the fees payable in the Sheriff Appeal Court in respect of the matters specified in column 1 of the Table of Fees in the schedule (table of fees payable from 1 November 2024) are the fees specified in relation to those matters in column 2 of that Table.
(2) The fees payable under this Order are to be paid to the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court.
(3) The fees provided for by this Order are not payable by the Crown in the enforcement of the criminal law or in the exercise of powers or the performance of duties arising out of or relating to that enforcement.
(4) No act is required of the Clerk of the Sheriff Appeal Court, any officer acting for the Clerk or the auditor of the Sheriff Appeal Court in connection with a matter specified in relation to any fee prior to—
(a) the payment of that fee, or
(b) an arrangement being entered into for payment of that fee.
3 
A fee specified by this Order is not payable by a person if—
(a) the person is in receipt of civil legal aid within the meaning of section 13(2) of the Legal Aid (Scotland) Act 1986 in respect of the matter in the Table of Fees in the schedule in connection with which the fee is payable,
(b) the fee is payable in connection with a simplified divorce or dissolution of a civil partnership application and the person is in receipt of advice and assistance from a solicitor under the Legal Aid (Scotland) Act 1986 in respect of that application, or
(c) the person’s solicitor is undertaking work in relation to the matter in the Table of Fees in the schedule in connection with which the fee is payable on the basis of any regulations made under section 36(1) of the Legal Aid (Scotland) Act 1986 providing for legal aid in a matter of special urgency.
4 

(1) A fee specified by this Order is not payable by a person if—
(a) the person or the person’s partner is in receipt of income support under the Social Security Contributions and Benefits Act 1992,
(b) the person is in receipt of an income-based jobseeker’s allowance under the Jobseekers Act 1995,
(c) the person or the person’s partner is in receipt of guarantee credit under the State Pension Credit Act 2002,
(d) the person or the person’s partner (“the party”) is in receipt of working tax credit, provided that—
(i) child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a couple (as defined in section 3(5A) of the Tax Credits Act 2002) which includes the party, or
(ii) there is a disability element or severe disability element (or both) to the tax credit received by the party,
and that the gross annual income taken into account for the calculation of the working tax credit is £20,592 or less,
(e) the person or the person’s partner is in receipt of income-related employment and support allowance under the Welfare Reform Act 2007,
(f) the person is in receipt of universal credit under Part 1 of the 2012 Act,
(g) the person is in receipt of either—
(i) personal independence payment under Part 4 of the 2012 Act, or
(ii) adult disability payment within the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022,
provided that the person’s gross annual income is £20,592 or less, or
(h) the person or the person’s partner has, within the period of 3 months prior to the date the specified fee would be payable but for this exemption, received financial or other assistance under the Welfare Funds (Scotland) Act 2015.
(2) In this article—
 “partner” means a person to whom a person is married or with whom the person is in a civil partnership,
 “the 2012 Act” means the Welfare Reform Act 2012.
5 

(1) The fees provided for by this Order do not apply to any appeal to the Sheriff Appeal Court under or by virtue of the Children’s Hearings (Scotland) Act 2011.
(2) The fees provided for by this Order do not apply to a debtor or creditor in any appeal to the Sheriff Appeal Court under the Debtors (Scotland) Act 1987 or the Debt Arrangement and Attachment (Scotland) Act 2002.
6 
The fees provided for by this Order are not payable by the applicant in any appeal in connection with proceedings in respect of which the applicant would not be required to pay fees in the sheriff court by virtue of article 13(1) of the Sheriff Court Fees Order 2024 (exemptions for applicants for certain interdicts and orders).
7 
The Sheriff Appeal Court Fees Order 2022 is revoked.
SIOBHIAN BROWN
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
5th September 2024
SCHEDULE
Article 2(1)

Column 1 Column 2 Column 3
(Matters) (Fee Payable)£ (Fee Formerly Payable)£
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.) 61 55
2. Fixing of a hearing—  

(a) under rule 29.13(3)(a), 67 61

(b) under rule 30.2(2), 67 61

(c) under rule 16.4(1) of the Simple Procedure Rules (appeal from simple procedure case). 67 61
(NOTE: Fee is only payable by the appellant or applicant in an appeal, and only by the respondent in a cross-appeal.)  
3. Lodging—  

(a) an appeal in a cause other than a summary cause or simple procedure case, 139 126

(b) a cross-appeal under rule 6.6 of the Sheriff Appeal Court Rules. 139 126
4. Hearing fee per day or part thereof (bench of 1) for hearings—  

(a) under rule 29.13(3)(a), 283 257

(b) under rule 30.2(2), 283 257

(c) under rule 16.4(1) of the Simple Procedure Rules. 283 257
5. Hearing fee per day or part thereof (bench of 3 or more) for hearings—  

(a) under rule 29.13(3)(a), 706 642

(b) under rule 30.2(2), 706 642

(c) under rule 16.4(1) of the Simple Procedure Rules. 706 642
6. Recording, engrossing, printing or copying of all documents (exclusive of search fee)—  

(a) by photocopying or otherwise producing a printed or typed copy—  

(i) each document, up to 10 pages, 8 7

(ii) each further page or part thereof in excess of 10 pages, 0.5 0.5

(b) for a copy of each document in electronic form. 8 7
7. Any search of records or archives, per 30 minutes or part thereof. 15 14
In addition, correspondence fee where applicable. 15 14
8. Taxing accounts of expenses incurred in judicial proceedings remitted to the auditor of court for taxation—  

(a) lodging account for taxation, 54 49

(b) taxing accounts of expenses etc.—  

(i) up to £400, 24 22

(ii) for every additional £100 or part thereof. 6 5
(NOTE: Fee to be determined by auditor of court on amount of account as submitted.)  

(a) cancellation of diet of taxation—  

(i) 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

(ii) 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