Act of Sederunt (Fees of Messengers-at-Arms) 1993

Statutory Instruments

1993 No. 118 (S.7)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Fees of Messengers-at-Arms) 1993

Made

22nd January 1993

Coming into force

22nd February 1993

The Lords of Council and Session, under and by virtue of the powers conferred on 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, do hereby, with the concurrence of the Lord Lyon King of Arms, 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) 1993 and shall come into force on 22nd February 1993.

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

Amendment of fees

2.—(1) Subject to the provisions of the following sub-paragraphs, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990(3), substitute the Table of Fees in the Schedule to this Act of Sederunt.

(2) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 as substituted by sub-paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.

(3) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990 having effect before the substitution under sub-paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.

J.A.D. Hope

Lord President, IPD

Edinburgh,

22nd January 1993

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	30.65	51.95	65.60
(ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987	10.20	10.20	10.20
(b) Postal service	15.35	15.35	15.35
(c) Postal diligence	23.00	23.00	23.00
2.  Inhibitions (a) Inhibition only (i) each person at a different address	32.20	51.95	65.55
(ii) each additional person at the same address	16.70	16.70	16.70
(b) Inhibition and service (i) each person at a different address	42.40	62.15	76.00
(ii) each additional person at the same address	26.95	26.95	26.95
(c) Inhibition, service and interdict (i) each person at a different address	102.95	102.95	102.95
(ii) each additional person at the same address	43.70	43.70	43.70
3.  Interdicts (a) Interdict only (i) each person at a different address	76.00	76.00	76.00
(ii) each additional person at the same address	16.70	16.70	16.70
(b) Interdict and service (i) each person at a different address	86.25	86.25	86.25
(ii) each additional person at the same address	26.95	26.95	26.95
(c) Interdict, service and inhibition (i) each person at a different address	102.95	102.95	102.95
(ii) each additional person at the same address	43.70	43.70	43.70
4.  Poindings (a) Serving notice of entry	5.70	5.70	5.70
(b) Arranging poinding and endeavouring but being unable to execute same for whatever reason	43.05	43.05	43.05
(c) Arranging and executing poinding where appraised value is— (i) £354 or under	50.40	50.40	50.40
(ii) Over £354 and up to £1,425	78.05	78.05	78.05
(iii) Over £1,425 and up to £14,347—10% of the appraised value only (iv) Over £14,347 and up to £71,729—10% of the first £14,347, 5% thereafter up to £71,729 of the appraised value (v) Over £71,729—10% of the first £14,347, 5% thereafter up to £71,729 and 1% of the appraised value over £71,729
(d) Reporting poinding	4.85	4.85	4.85
5.  Poindings of motor vehicles, heavy plant or machinery (a) Arranging and executing poinding where appraised value is— (i) £354 or under	50.40	50.40	50.40
(ii) Over £354 and up to £1,576	78.05	78.05	78.05
(iii) Over £1,576 and up to £71,729—5% of the appraised value only (iv) Over £71,729—5% of the first £71,729 and 1% thereafter of the appraised value
(b) Reporting poinding	4.85	4.85	4.85
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	41.10	41.10	41.10
(b) Arranging and effecting sequestration or poinding of the ground	76.00	76.00	76.00
7.  Sales (a) (i) Application for warrant of sale or variation of a warrant of sale	9.55	9.55	9.55
(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	12.40	12.40	12.40
(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	21.65	36.60	46.30
(d) (i) Attending warrant sale with witness and being unable to execute same for whatever reason	41.10	41.10	41.10
(ii) Conducting warrant sale with witness where the appraised value is— £354 or under	48.40	48.40	48.40
Over £354	76.00	76.00	76.00
8.  Ejections (a) Arranging ejection	41.10	41.10	41.10
(b) Arranging and executing ejection	63.90	63.90	63.90
9.  Taking possession of effects (a) Arranging possession	41.10	41.10	41.10
(b) Arranging and effecting possession	76.00	76.00	76.00
10.  Apprehensions (a) Arranging apprehension	41.10	41.10	41.10
(b) Arranging and apprehending	76.00	76.00	76.00
11.  Taking possession of children (a) Arranging to take possession	41.10	41.10	41.10
(b) Arranging and taking possession of each child	76.00	76.00	76.00
12.  Arresting vessels, aircraft and cargo (a) Arranging to arrest	41.10	41.10	41.10
(b) Arranging and effecting arrestment	125.70	125.70	125.70
13.  Miscellaneous (a) Making any report or application under the Act of 1987 with the exception of reporting a poinding	9.50	9.50	9.50
(b) Granting any receipt required to be issued under the Act of 1987	4.85	4.85	4.85
(c) Arranging locksmith or tradesman to be in attendance	3.05	3.05	3.05
(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	9.50	9.50	9.50
(e) Executing warrant to open lockfast places	9.50	9.50	9.50
(f) Time (i) with witness—£15.25 per unit (ii) without witness—£11.40 per unit (g) Photocopies (i) first sheet of document—£1.00 (ii) subsequent sheets—£0.50

Explanatory Note

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

This Act of Sederunt amends the Act of Sederunt (Fees of Messengers-at Arms) 1990 (S.I. 1990/379) by increasing the fees payable to Messengers-at-Arms by about 4%. The last increase was in the Act of Sederunt (Fees of Messengers-at-Arms) 1992 (S.I. 1992/87) as amended by the Act of Sederunt (Fees of Messengers-at-Arms) (Amendment) 1992 (S.I. 1992/529).

(1)

1926 c. 16.

(2)

1988 c. 36.

(3)

S.I. 1990/379; amended by S.I. 1991/291, S.I. 1992/87 and S.I. 1992/529.