2006 No. 540

COURT OF SESSION

Act of Sederunt (Fees of Messengers-at-Arms) 2006

Made

Coming into force

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 19261, section 5 of the Court of Session Act 19882 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 commencement1

1

This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 2006 and shall come into force on 1st January 2007.

2

This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of fees2

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) 20023.

2

Sub-paragraph (1) shall apply to work carried out by a messenger-at-arms on or after 1st January 2007 but shall not affect the fees payable as respects any work so carried out before that date.

A C HAMILTONLord President I.P.D.Edinburgh

SCHEDULETABLE OF FEES

Paragraph 2

Item

Band 1

Band 2

Band 3

£

£

£

1

Service or intimation of a document

a

Service

i

each person at a different address

48.35

82.05

103.60

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

16.15

16.15

16.15

b

Postal service

23.35

23.35

23.35

c

Postal diligence

35.55

35.55

35.55

2

Inhibitions

a

Inhibition only

i

each person at a different address

50.90

82.05

103.60

ii

each additional person at the same address

26.40

26.40

26.40

b

Inhibition and service

i

each person at a different address

67.05

98.00

120.00

ii

each additional person at the same address

42.60

42.60

42.60

c

Inhibition, service and interdict

i

each person at a different address

162.70

162.70

162.70

ii

each additional person at the same address

69.20

69.20

69.20

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

120.00

120.00

120.00

ii

each additional person at the same address

26.40

26.40

26.40

b

Interdict and service

i

each person at a different address

136.25

136.25

136.25

ii

each additional person at the same address

42.60

42.60

42.60

c

Interdict, service and inhibition

i

each person at a different address

162.70

162.70

162.70

ii

each additional person at the same address

69.20

69.20

69.20

4

Attachments

a

Serving notice of entry

9.05

9.05

9.05

b

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

67.95

67.95

67.95

c

Arranging and executing attachment where appraised value is–

i

£560 or under

79.55

79.55

79.55

ii

over £560 and up to £2,249

123.35

123.35

123.35

iii

over £2,249 and up to £22,656 – 10% of the appraised value

iv

over £22,656 and up to £113,270 – 10% of the first £22,656, 5% thereafter

v

over £113,270 – 10% of the first £22,656, 5% thereafter up to £113,270 and 1% thereafter

d

Reporting attachment

7.60

7.60

7.60

5

Attachment of motor vehicle, heavy plant or machinery

a

Arranging and executing attachment where appraised value is–

i

£560 or under

79.55

79.55

79.55

ii

over £560 and up to £2,488

123.35

123.35

123.35

iii

over £2,488 and up to £113,270 –5% of the appraised value

iv

over £113,270 – 5% of the first £113,270 and 1% thereafter

b

Reporting attachment

7.60

7.60

7.60

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

64.90

64.90

64.90

b

Arranging and effecting sequestration or poinding of the ground

120.00

120.00

120.00

7

Auctions

a

i

Arranging auction, preparing advertisement and giving public notice

19.70

19.70

19.70

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

64.90

64.90

64.90

ii

Officer and witness attending auction sale

120.00

120.00

120.00

8

Ejections

a

Arranging ejection

64.90

64.90

64.90

b

Arranging and executing ejection

100.85

100.85

100.85

9

Taking possession of effects

a

Arranging possession

64.90

64.90

64.90

b

Arranging and effecting possession

120.00

120.00

120.00

10

Apprehensions

a

Arranging apprehension

64.90

64.90

64.90

b

Arranging and apprehending

120.00

120.00

120.00

11

Taking possession of children

a

Arranging to take possession

64.90

64.90

64.90

b

Taking possession of each child

120.00

120.00

120.00

12

Arresting vessels, aircraft and cargo

a

Arranging to arrest

64.90

64.90

64.90

b

Arranging and effecting arrestment

198.45

198.45

198.45

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

15.00

15.00

15.00

b

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

7.60

7.60

7.60

c

Arranging locksmith or tradesman to be in attendance

4.85

4.85

4.85

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

15.00

15.00

15.00

e

Executing warrant to open lockfast places

15.00

15.00

15.00

f

Time

i

with witness – £24.15 per unit

ii

without witness – £18.05 per unit

g

Photocopies

i

first page of document – £1.70

ii

subsequent pages – per page – £0.90

(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 3.6% with effect from 1st January 2007.