Search Legislation

Act of Sederunt (Fees of Messengers-at-Arms) 2005

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Scottish Statutory Instruments

2005 No. 582

COURT OF SESSION

Act of Sederunt (Fees of Messengers-at-Arms) 2005

Made

10th November 2005

Coming into force

1st January 2006

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 6 of the Execution of Diligence (Scotland) Act 1926(1), section 5 of the Court of Session Act 1988(2) and of all other powers enabling them in that behalf, with the concurrence of the Lord Lyon King of Arms do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 2005 and shall come into force on 1st January 2006.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees

2.—(1) Subject to sub-paragraph (2) below, the Table of Fees in the Schedule to this Act of Sederunt shall be substituted for the Table in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002(3).

(2) Sub paragraph (1) shall apply to work carried out by a messenger-at-arms on or after 1st January 2006 but shall not affect the fees payable as respects any work so carried out before that date.

Cullen of Whitekirk

Lord President I.P.D.

Edinburgh

10th November 2005

Paragraph 2

SCHEDULETABLE OF FEES

Item

Band 1

Band 2

Band 3

£

£

£

1.

Service or intimation of a document

(a)Service

(i)each person at a different address

46.6579.20100.00

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

15.6015.6015.60

(b)Postal service

22.5522.5522.55

(c)Postal diligence

34.3034.3034.30

2.

Inhibitions

(a)Inhibition only

(i)each person at a different address

49.1579.20100.00

(ii)each additional person at the same address

25.5025.5025.50

(b)Inhibition and service

(i)each person at a different address

64.7094.60115.85

(ii)each additional person at a the same address

41.1041.1041.10

(c)Inhibition, service and interdict

(i)each person at a different address

157.05157.05157.05

(ii)each additional person at the same address

66.8066.8066.80

3.

Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and anti-social behaviour orders under the Crime and Disorder Act 1998)

(a)Interdict only

(i)each person at a different address

115.85115.85115.85

(ii)each additional person at the same address

25.5025.5025.50

(b)Interdict and service

(i)each person at a different address

131.50131.50131.50

(ii)each additional person at the same address

41.1041.1041.10

(c)Interdict, service and inhibition

(i)each person at a different address

157.05157.05157.05

(ii)each additional person at the same address

66.8066.8066.80

4.

Attachments

(a)Serving notice of entry

8.758.758.75

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

65.6065.6065.60

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

(i)£541 or under

76.8076.8076.80

(ii)over £541 and up to £2,171

119.05119.05119.05

(iii)over £2,171 and up to £21,869 – 10% of the appraised value

(iv)over £21,869 and up to £109,334 – 10% of the first £21,869, 5% thereafter

(v)over £109,334 – 10% of the first £21,869, 5% thereafter up to £109,334 and 1% thereafter

(d)Reporting attachment

7.357.357.35

5.

Attachment of motor vehicle, heavy plant or machinery

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

(i)£541 or under

76.8076.8076.80

(ii)over £541 and up to £2,402

119.05119.05119.05

(iii)over £2,402 and up to £109,334 –5% of the appraised value

(iv)over £109,334 – 5% of the first £109,334 and 1% thereafter

(b)Reporting attachment

7.357.357.35

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

62.6562.6562.65

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

115.85115.85115.85

7.

Auctions

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

19.0019.0019.00

(ii)Serving copy of warrant 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 and being unable to execute same for whatever reason

62.6562.6562.65

(ii)Officer and witness attending auction sale

115.85115.85115.85

8.

Ejections

(a)Arranging ejection

62.6562.6562.65

(b)Arranging and executing ejection

97.3597.3597.35

9.

Taking possession of effects

(a)Arranging possession

62.6562.6562.65

(b)Arranging and effecting possession

115.85115.85115.85

10.

Apprehensions

(a)Arranging apprehension

62.6562.6562.65

(b)Arranging and apprehending

115.85115.85115.85

11.

Taking possession of children

(a)Arranging to take possession

62.6562.6562.65

(b)Taking possession of each child

115.85115.85115.85

12.

Arresting vessels, aircraft and cargo

(a)Arranging to arrest

62.6562.6562.65

(b)arranging and effecting arrestment

191.55191.55191.55

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

14.5014.5014.50

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

7.357.357.35

(c)Arranging locksmith or tradesman to be in attendance

4.704.704.70

(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

14.5014.5014.50

(e)Executing warrant to open lockfast places

14.5014.5014.50

(f)Time

(i)with witness – £23.30 per unit

(ii)without witness – £17.40 per unit

(g)Photocopies

(i)first page of document – £1.65

(ii)subsequent pages – per page – £0.85

Explanatory Note

(This note is not part of the Act of Sederunt)

The Lords of Council and Session amend the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers at Arms) (No. 2) 2002, by increasing the fees payable to messengers at arms by 3.45% with effect from 1st January 2006.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources