Act of Sederunt (Fees of Messengers-at-Arms) 1990

Subject to the following paragraphs, the fees payable to a messenger-at-arms shall be calculated in accordance with the Table of Fees in this Schedule and shall be payable in respect of all forms of service or intimation of a document, citation of a person or execution of diligence and all other work authorised by the court and executed by a messenger-at-arms during the normal business hours of 9.00 am to 5.00 pm.

All reasonable outlays, excluding postage, necessarily incurred by a messenger-at-arms in carrying out lawful instructions shall be charged in addition to a fee specified in the Table of Fees.

Every fee note rendered by a messenger-at-arms shall be so detailed that the fees charged by him may be easily checked against the Table of Fees; and any fees agreed under paragraph 4 above and any allowable outlays shall be clearly narrated as such. The fee note shall be reviewed by the messenger-at-arms to ensure that it is fair and reasonable in the circumstances and shall be adjusted by him if necessary.

Discounting of fees is permitted only between messengers-at-arms.

Any restriction or modification made by a messenger-at-arms of fees recoverable from a person shall be passed on to that person only.

Where a messenger-at-arms has to use a ferry, he and any witness shall be allowed the necessary cost of the ferry, all reasonable subsistence and the time for boarding, crossing and returning, which shall be charged on a time basis.

Where a messenger-at-arms is required to attend before a notary public, commissioner or other person or as a witness, a fee for such attendance by the messenger-at-arms and any witness shall be chargeable on a time basis.

Where enquiries are necessary in order to execute service, intimation, citation, diligence or any other work authorised by the court, a fee for such enquiries shall be chargeable on a time basis.

In this Schedule, unless the context otherwise requires–

• “the Act of 1987” means the Debtors (Scotland) Act 19875

• “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

  Item	Band 1	Band 2	Band 3
  1 Service or intimation of a document
  a Service
  i each person at a different address	24.39	41.32	52.22
  ii each additional person at the same address or additional copy required to be served or intimated under the Act of 1987	8.13	8.13	8.13
  b Postal service	12.20	12.20	12.20
  c Postal diligence	18.29	18.29	18.29
  2 Inhibitions
  a Inhibition only
  i each person at a different address	25.61	41.32	52.21
  ii each additional person at the same address	13.31	13.31	13.31
  b Inhibition and service
  i each person at a different address	33.74	49.45	60.34
  ii each additional person at the same address	21.44	21.44	21.44
  c Inhibition, service and interdict i each person at a different address	81.94	81.94	81.94
  ii each additional person at the same address	34.75	34.75	34.75
  3 Interdicts
  a Interdict only i each person at a different address	60.50	60.50	60.50
  ii each additional person at the same address	13.31	13.31	13.31
  b Interdict and service i each person at a different address	68.63	68.63	68.63
  ii each additional person at the same address	21.44	21.44	21.44
  c Interdict, service and inhibition i each person at a different address	81.94	81.94	81.94
  ii each additional person at the same address	34.75	34.75	34.75
  4 Poindings a a Serving notice of entry	4.55	4.55	4.55
  b Arranging poinding and endeavouring but being unable to execute same for whatever reason	34.27	34.27	34.27
  c Arranging and executing poinding where appraised value is– i £300 or under	40.10	40.10	40.10
  ii over £300 and up to £1,200	62.10	62.10	62.10
  iii over £1,200 and up to £12,100—10% of the appraised value only iv over £12,100 and up to £60,500—10% of the first £12,100, 5% thereafter up to £60,500 of the appraised value v over £60,500—10% of the first £12,100, 5% thereafter up to £60,500 and 1% of the appraised value over £60,500
  d Reporting poinding	3.85	3.85	3.85
  5 Poindings of motor vehicles, heavy plant or machinery
  a Arranging and executing poinding where appraised value is– i £300 or under	40.10	40.10	40.10
  ii over £300 and up to £1,330	62.10	62.10	62.10
  iii over £1,330 and up to £60,500—5% of the appraised value only iv over £60,500—5% of the first £60,500 and 1% thereafter of the appraised value
  b Reporting poinding	3.85	3.85	3.85
  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	32.67	32.67	32.67
  b Arranging and effecting sequestration or poinding of the ground	60.50	60.50	60.50
  7 Sales a i Application for warrant of sale or variation of a warrant of sale	7.65	7.65	7.65
  ii Intimating application—as in item 1(a) or (b) above, as the case may be
  b i Arranging warrant sale, preparing advertisement and giving public notice	9.85	9.85	9.85
  ii Serving copy of warrant of sale and intimating the place and date of sale and if necessary the date of removal of poinded effects—as in item 1(a) or (b) above, as the case may be
  c Attending warrant sale alone conducted by auctioneer	17.20	29.14	36.83
  d i Attending warrant sale with witness and being unable to execute same for whatever reason	32.67	32.67	32.67
  ii Conducting warrant sale with witness where the appraised value is–
  £300 or under	38.50	60.50	38.50
  Over £300	60.50	38.50	60.50
  8 Ejections a a Arranging ejection	32.67	32.67	32.67
  b Arranging and executing ejection	50.82	50.82	50.82
  9 Taking possession of effects a a Arranging possession	32.67	32.67	32.67
  b Arranging and effecting possession	60.50	60.50	60.50
  10 Apprehensions a a Arranging apprehension	32.67	32.67	32.67
  b Arranging and apprehending	60.50	60.50	60.50
  11 Taking possession of children a a Arranging to take possession	32.67	32.67	32.67
  b Taking possession of each child	60.50	60.50	60.50
  12 Arresting vessels, aircraft and cargo
  a Arranging to arrest	32.67	32.67	32.67
  b Arranging and effecting arrestment	100.00	100.00	100.00
  13 Miscellaneous a a Making any report or application under the Act of 1987 with the exception of reporting a poinding	7.60	7.60	7.60
  b Granting any receipt required to be issued under the Act of 1987	3.85	3.85	3.85
  c Arranging locksmith or tradesman to be in attendance	2.45	2.45	2.45
  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	7.60	7.60	7.60
  e Executing warrant to open lockfast places	7.60	7.60	7.60
  f Time i with witness—£12.10 per unit ii without witness—£9.08 per unit g Photocopies i first copy—£0.80 ii subsequent copies, per sheet—0.40