Act of Sederunt (Fees of Messengers-at-Arms) 2008

Scottish Statutory Instruments

2008 No. 431

COURT OF SESSION

Act of Sederunt (Fees of Messengers-at-Arms) 2008

Made

17th December 2008

Coming into force

12th January 2009

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) 2008 and shall come into force on 12th January 2009.

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

Amendment of fees

2.—(1) Subject to subparagraph (2) below, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002(3) substitute the Table of Fees in the Schedule to this Act of Sederunt.

(2) Subparagraph (1) shall apply to work carried out by a messenger-at-arms on or after 12th January 2009 but shall not affect the fees payable as respects any work so carried out before that date.

A C HAMILTON

Lord President I.P.D.

Edinburgh

17th December 2008

Paragraph 2(1)

SCHEDULE TABLE 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	52.30	88.70	112.00
(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	17.50	17.50	17.50
(b) Postal service	25.25	25.25	25.25
(c) Postal diligence	38.45	38.45	38.45
2. Inhibitions
(a) Inhibition only
(i) each person at a different address	55.05	88.70	112.00
(ii) each additional person at the same address	28.55	28.55	28.55
(b) Inhibition and service
(i) each person at a different address	72.45	105.95	129.70
(ii) each additional person at the same address	46.05	46.05	46.05
(c) Inhibition, service and interdict
(i) each person at a different address	175.90	175.90	175.90
(ii) each additional person at the same address	74.80	74.80	74.80
3. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997)
(a) Interdict only
(i) each person at a different address	129.70	129.70	129.70
(ii) each additional person at the same address	28.55	28.55	28.55
(b) Interdict and service
(i) each person at a different address	147.30	147.30	147.30
(ii) each additional person at the same address	46.05	46.05	46.05
(c) Interdict, service and inhibition
(i) each person at a different address	175.90	175.90	175.90
(ii) each additional person at the same address	74.80	74.80	74.80
4. Attachments
(a) Serving notice of entry	9.80	9.80	9.80
(b) Arranging attachment and endeavouring but being unable to execute same for whatever reason	73.45	73.45	73.45
(c) Arranging and executing attachment where appraised value is–
(i) £605 or under	86.00	86.00	86.00
(ii) over £605 and up to £2,431	133.35	133.35	133.35
(iii) over £2,431 and up to £24,493 – 10% of the appraised value
(iv) over £24,493 and up to £122,453 – 10% of the first £24,493, 5% thereafter
(v) over £122,453 – 10% of the first £24,493, 5% thereafter up to £122,453 and 1% thereafter
(d) Reporting attachment	8.20	8.20	8.20
5. Attachment of motor vehicle, heavy plant or machinery
(a) Arranging and executing attachment where appraised value is–
(i) £605 or under	86.00	86.00	86.00
(ii) over £605 and up to £2,690	133.35	133.35	133.35
(iii) over £2,690 and up to £122,453 –5% of the appraised value
(iv) over £122,453 – 5% of the first £122,453 and 1% thereafter
(b) Reporting attachment	8.20	8.20	8.20
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	70.20	70.20	70.20
(b) Arranging and effecting sequestration or poinding of the ground	129.70	129.70	129.70
7. Auctions
(a) (i) Arranging auction, preparing advertisement and giving public notice	21.30	21.30	21.30
(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	70.20	70.20	70.20
(ii) Officer and witness attending auction sale	129.70	129.70	129.70
8. Ejections
(a) Arranging ejection	70.20	70.20	70.20
(b) Arranging and executing ejection	109.05	109.05	109.05
9. Taking possession of effects
(a) Arranging possession	70.20	70.20	70.20
(b) Arranging and effecting possession	129.70	129.70	129.70
10. Apprehensions
(a) Arranging apprehension	70.20	70.20	70.20
(b) Arranging and apprehending	129.70	129.70	129.70
colspan="4"11. Taking possession of children
(a) Arranging to take possession	70.20	70.20	70.20
(b) Taking possession of each child	129.70	129.70	129.70
12. Arresting vessels, aircraft and cargo
(a) Arranging to arrest	70.20	70.20	70.20
(b) Arranging and effecting arrestment	214.55	214.55	214.55
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	16.25	16.25	16.25
(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002	8.20	8.20	8.20
(c) Arranging locksmith or tradesman to be in attendance	5.20	5.20	5.20
(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	16.25	16.25	16.25
(e) Executing warrant to open lockfast places	16.25	16.25	16.25
(f) Time
(i) with witness – £26.10 per unit
(ii) without witness – £19.50 per unit
(g) Photocopies
(i) first page of document – £1.85
(ii) subsequent pages – per page – £1.00

Explanatory Note

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

This Act of Sederunt amends 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 4.35% with effect from 12th January 2009.

(1)

1926 c. 16. Section 6 will be amended by paragraph 7(4) of schedule 5 to the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) when that provision is brought into force.

(2)

1988 c. 36.

(3)

S.S.I. 2002/566, amended by S.S.I. 2003/536, 2004/515, 2005/582, 2006/540 and 2007/532.