SHERIFF COURT, SCOTLAND Citation and commencement 1 1 This Act of Sederunt may be cited as the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment) 1998 and shall come into force on 1st December 1998. 2 This Act of Sederunt shall be inserted in the Books of Sederunt. Amendment of General Regulations 2 1 Schedule 1 (general regulations) to the Act of Sederunt (Fees of Solicitors in the Sheriff Court) (Amendment and Further Provisions) 1993 shall be amended in accordance with the following sub-paragraphs. 2 In paragraph 5(b), for the words “not later than seven days” substitute “on or”. 3 In paragraph 6, the words from “without” to “investigations” shall be omitted. 4 In paragraph 11, the second sentence shall be omitted. 5 In paragraph 14— a for sub-paragraph (a) substitute “(a) necessary outlays, including fees for witnesses, are allowable in addition to the fees allowable under that Chapter; ”; and b in sub-paragraph (d), for the words “revising and adjusting it” substitute “perusing it (whether or not in the course of doing so he revises or adjusts it) ”. 6 In the Table of Fees, in the provisions mentioned in column 1 of the Schedule to this Act of Sederunt, for the amounts respectively specified in column 2 of that Schedule substitute the amounts so specified in column 3. 7 In Part I of Chapter I— a in paragraph l(c), the words “and posts” shall be omitted; b in paragraph 2(b)— i the words “up to £75 ”; and ii the second sentence, shall be omitted; c in paragraph 3(b)(ii), the words– i “posts and incidents”; and ii “and posts”, shall be omitted. 8 In Part II of Chapter I, in paragraph 4, for the words from “outlays up” to the end substitute “necessary outlays; and taxation shall be unnecessary”. 9 In Part I of Chapter II — a in paragraph 5, for the words “revising and adjusting it” substitute “perusing it (whether or not in the course of doing so he revises or adjusts it)”; b in paragraph 6(b), the words “to include all copies required” shall be omitted; and c for paragraph 17 (and the note to that paragraph) substitute Copying — 17 For the copying of papers by whatever means, if the Auditor determines (either or both) that– a the copying had to be done in circumstances which were in some way exceptional; b the ‘papers which required to be copied were unusually numerous having regard to the nature of the case, such charge, if any, as the Auditor considers reasonable (but a charge based on time expended by any person shall not be allowed). Notes 1 Where a determination is required under this paragraph, the purpose of copying, the number of copies made and the charge claimed shall be shown in the account. 2 Copying done other than in the place of business of the solicitor shall be shown as an outlay . 10 In Part 2 of Chapter II– a at the beginning insert the following paragraph — 1A Work before action commences – To cover all work which the Auditor is satisfied has reasonably been undertaken in contemplation of, or preparatory to, the commencement of proceedings £250.00; or such lesser sum as in the opinion of the Auditor is justified. ; b in paragraph 1, the word “ fee ” in the heading shall be omitted and in sub paragraph (a), after the word “Chapter)”, insert “from commencement”; c in paragraph 2, for the words “revising and adjusting it” substitute “perusing it (whether or not in the course of doing so he revises or adjusts it)”; d in paragraph 4, the word “ fee ” in the heading shall be omitted; e in paragraph 10(b), the words “to include all copies required” shall be omitted; and f for paragraph 22 (and the note to that paragraph) substitute, appropriately numbered, the same paragraph and notes as are substituted for paragraph 17 of Part I of Chapter II by sub-paragraph (9)(c) above. 11 For paragraph 6 of Chapter III (and the note to that paragraph) substitute, appropriately numbered, the same paragraph and notes as are substituted for paragraph 17 of Part I of Chapter II by sub-paragraph (9)(c) above. 12 In Part I of Chapter IV , in paragraph 1, the words “and including posts and sundries” shall be omitted. 13 Chapters V and VI shall be omitted. Saving 3 Paragraph 2 of this Act of Sederunt does not affect the provisions of Schedule 1 in their application to work done, or outlays incurred, before 1st December 1998. Rodger of Earlsferry Lord President I.P.D. Edinburgh 28th October 1998