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Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002

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15.  In this Schedule, unless the context otherwise requires–

“the Act of 1987” means the Debtors (Scotland) Act 1987 (c. 18);

“the Act of 2002” means the Debt Arrangement and Attachment (Scotland) Act 2002 (asp 17);

“apprehension” means apprehending, detaining and taking to and from court or prison;

“arranging” means accepting instructions, checking for competency, reserving time, advising instructing agent, making all necessary arrangements, intimation and service (where necessary) prior to execution;

“possession” means searching, taking possession and delivery;

“postal diligence” means service of any diligence, which may be served by post, by registered post or the first class recorded delivery service;

“postal service” means service or intimation by registered post or the first class recorded delivery service;

“service” means service or intimation of any document under a rule of court or an order of the court and includes accepting instructions, preparation, postage and service or intimation of any ancillary form or other ancillary document.

TABLE OF FEES PAYABLE TO MESSENGERS-AT-ARMS

ItemBand 1Band 2Band 3
£££

1.  Service or intimation of a document

(a)

Service

(i)each person at a different address

£42.15£71.50£90.30

(ii)each additional person at the same address or additional copy required to be intimated under the Act of 1987 and the Act of 2002

£14.10£14.10£14.10

(b)Postal service

£20.65£20.65£20.65

(c)Postal diligence

£31.25£31.25£31.25

2.  Inhibitions

(a)

Inhibition only

(i)each person at a different address

£44.40£71.50£90.30

(ii)each additional person at the same address

£23.00£23.00£23.00

(b)Inhibition and service

(i)each person at a different address

£58.45£85.45£104.65

(ii)each additional person at the same address

£37.15£37.15£37.15

(c)Inhibition, service and interdict

(i)each person at a different address

£141.85£141.85£141.85

(ii)each additional person at the same address

£60.30£60.30£60.30

3.  Interdicts

(a)

Interdict only

(i)each person at a different address

£104.65£104.65£104.65

(ii)each additional person at the same address

£23.00£23.00£23.00

(b)Interdict and service

(i)each person at a different address

£118.75£118.75£118.75

(ii)each additional person at the same address

£37.15£37.15£37.15

(c)Interdict, service and inhibition

(i)each person at a different address

£141.85£141.85£141.85

(ii)each additional person at the same address

£60.30£60.30£60.30

4.  Attachments

(a)Serving notice of entry

£7.90£7.90£7.90

(b)Arranging attachment and endeavouring but being unable to execute same for whatever reason

£59.25£59.25£59.25

(c)Arranging and executing attachment where appraised value is–

(i)£488 or under

£69.40£69.40£69.40

(ii)over £488 and up to £1,961

£107.55£107.55£107.55

(iii)Over £1,961 and up to £19,754 – 10% of the appraised value

(iv)Over £19,754 and up to £98,757 – 10% of the first £19,754, 5% thereafter

(v)Over £98,757 – 10% of the first £19,754, 5% thereafter up to £98,757 and 1% thereafter

(d)Reporting attachment

£6.65£6.65£6.65

5.  Attachment of motor vehicles, heavy plant or machinery

(a)

Arranging and executing attachment where appraised value is–

(i)£488 or under

£69.40£69.40£69.40

(ii)Over £488 and up to £2,170

£107.55£107.55£107.55

(iii)Over £2,170 and up to £98,757 5% of the appraised value

(iv)Over £98,757 – 5% of the first £98,757, and 1% there-after

(b)Reporting attachment

£6.65£6.65£6.65

6.  Sequestrations for rent, poinding of the ground

(a)Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason

£56.60£56.60£56.60

(b)Arranging and effecting sequestration or poinding of the ground

£104.65£104.65£104.65

7.  Sales

(a)(i)Arranging auction, preparing advertisement and giving public notice

£17.15£17.15£17.15

(ii)Serving copy of auction and intimating the place and date of auction and if necessary the date of removal of attached effects – as in item 1(a) or (b) above, as the case may be

(b)(i)Officer and witness attending auction sale and being unable to execute same for whatever reason

£56.60£56.60£56.60

(ii)Officer and witness attending auction sale.

£104.65£104.65£104.65

8.  Ejections

(a)Arranging ejection

£56.60£56.60£56.60

(b)Arranging and executing ejection

£87.95£87.95£87.95

9.  Taking possession of effects

(a)Arranging possession

£56.60£56.60£56.60

(b)Arranging and effecting possession

£104.65£104.65£104.65

10.  Apprehensions

(a)Arranging apprehension

£56.60£56.60£56.60

(b)Arranging and apprehending

£104.65£104.65£104.65

11.  Taking possession of children

(a)Arranging to take possession

£56.60£56.60£56.60

(b)Taking possession of each child

£104.65£104.65£104.65

12.  Arresting vessels, aircraft and cargo

(a)Arranging to arrest

£56.60£56.60£56.60

(b)Arranging and effecting arrestment

£173.00£173.00£173.00

13.  Miscellaneous

(a)Making any report or application under the Act of 1987 or the Act of 2002 with the exception of reporting an attachment

£13.10£13.10£13.10

(b)Granting any receipt required to be issued under the Act of 1987 or the Act of 2002

£6.65£6.65£6.65

(c)Arranging locksmith or tradesman to be in attendance

£4.25£4.25£4.25

(d)Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor

£13.10£13.10£13.10

(e)Executing warrant to open lockfast places

£13.10£13.10£13.10

(f)Time

(i)with witness – £21.05 per unit

(ii)without witness – £15.70 per unit

(g)Photocopies

(i)first page of document – £1.50

(ii)subsequent pages – per page – £0.70

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