Act of Sederunt (Fees of Messengers-at-Arms) (Diligence) 2009

Amendment of fees

2.—(1) Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002(1) is amended in accordance with the following subparagraphs.

(2) After regulation 12 insert—

“12A. Where, in relation to a money attachment, a messenger-at-arms is required to realise the value of the money attached and dispose of same under section 184 of the Act of 2007 and deposit cash and proceeds of foreign currency (including conversion of foreign currency) the fee for such work shall be chargeable on a time basis.”.

(3) After regulation 13 insert—

“13A.—(1) Where, in a money attachment, the value of the money exceeds the sum recoverable, the fee specified in the Table of Fees shall be calculated in accordance with the sum recoverable and not the value.

(2) Where, in a money attachment, a debtor or other occupier of the premises claims that money is the property of someone other than the debtor but refuses, or is unable to produce evidence to that effect, the messenger-at-arms may attach the money and shall add a note on the schedule of the attachment stating that the debtor claims that the money is the property of someone other than the debtor.”.

(4) In regulation 15 after the definition of “the Act of 2002” insert—

““the Act of 2007” means the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3);”.

(5) In the Table of Fees—

(a)after item 5 (attachment of motor vehicle, heavy plant or machinery) insert—

“5A. Money attachments under the Act of 2007

(a)

Arranging attachment and endeavouring but being unable to execute the same for whatever reason

73.45

73.45

73.45

(b)

Arranging and executing attachment, including removal of attached money, where value of money is—

(i)

£605 or under

86.0086.0086.00
(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 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

(c)Reporting attachment8.208.208.20”;

(b)item 6 (sequestration for rent, poinding of the ground) is omitted;

(c)for paragraph (a) of item 13 (miscellaneous), substitute—

“(a)Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment”.