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Scottish Statutory Instruments

2007 No. 532

COURT OF SESSION

Act of Sederunt (Fees of Messengers-at-Arms) 2007

Made

27th November 2007

Coming into force

1st January 2008

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) 2007 and shall come into force on 1st January 2008.

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

Amendment of fees

2.—(1) Subject to subparagraph (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) 2002(3).

(2) Subparagraph (1) shall apply to work carried out by a messenger-at-arms on or after 1st January 2008 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

27th November 2007

Paragraph 2

SCHEDULETABLE OF FEES

ItemBand 1Band 2Band 3
£££

1.  Service or intimation of a document

(a)Service

(i)each person at a different address

50.1085.00107.35

(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

16.7516.7516.75

(b)Postal service

24.2024.2024.20

(c)Postal diligence

36.8536.8536.85

2.  Inhibitions

(a)Inhibition only

(i)each person at a different address

52.7585.00107.35

(ii)each additional person at the same address

27.3527.3527.35

(b)Inhibition and service

(i)each person at a different address

69.45101.55124.30

(ii) additional person at the same address

44.1544.1544.15

(c)Inhibition, service and interdict

(i)each person at a different address

168.55168.55168.55

(ii)each additional person at the same address

71.7071.7071.70

3.  Interdicts (including non-harassment orders under the Protection from Harassment Act 1997)

(a)Interdict only

(i)each person at a different address

124.30124.30124.30

(ii)each additional person at the same address

27.3527.3527.35

(b)Interdict and service

(i)each person at a different address

141.15141.15141.15

(ii)each additional person at the same address

44.1544.1544.15

(c)Interdict, service and inhibition

(i)each person at a different address

168.55168.55168.55

(ii)each additional person at the same address

71.7071.7071.70

4.  Attachments

(a)Serving notice of entry

9.409.409.40

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

70.4070.4070.40

(c)Arranging and executing attachment where appraised value is–

(i)£580 or under

82.4082.4082.40

(ii)over £580 and up to £2,330

127.80127.80127.80

(iii)over £2,330 and up to £23,472 – 10% of the appraised value

(iv)over £23,472 and up to £117,348 – 10% of the first £23,472, 5% thereafter

(v)over £117,348 – 10% of the first £23,472, 5% thereafter up to £117,348 and 1% thereafter

(d)Reporting attachment

7.857.857.85

5.  Attachment of motor vehicle, heavy plant or machinery

(a)Arranging and executing attachment where appraised value is–

(i)£580 or under

82.4082.4082.40

(ii)over £580 and up to £2,578

127.80127.80127.80

(iii)over £2,578 and up to £117,348 –5% of the appraised value

(iv)over £117,348 – 5% of the first £117,348 and 1% thereafter

(b)Reporting attachment

7.857.857.85

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

67.2567.2567.25

(b)Arranging and effecting sequestration or poinding of the ground

124.30124.30124.30

7.  Auctions

(a)

(i)Arranging auction, preparing advertisement and giving public notice

20.4020.4020.40

(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

67.2567.2567.25

(ii)Officer and witness attending auction sale

124.30124.30124.30

8.  Ejections

(a)Arranging ejection

67.2567.2567.25

(b)Arranging and executing ejection

104.50104.50104.50

9.  Taking possession of effects

(a)Arranging possession

67.2567.2567.25

(b)Arranging and effecting possession

124.30124.30124.30

10.  Apprehensions

(a)Arranging apprehension

67.2567.2567.25

(b)Arranging and apprehending

124.30124.30124.30

11.  Taking possession of children

(a)Arranging to take possession

67.2567.2567.25

(b)Taking possession of each child

124.30124.30124.30

12.  Arresting vessels, aircraft and cargo

(a)Arranging to arrest

67.2567.2567.25

(b)Arranging and effecting arrestment

205.60205.60205.60

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

15.5515.5515.55

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

7.857.857.85

(c)Arranging locksmith or tradesman to be in attendance

5.005.005.00

(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

15.5515.5515.55

(e)Executing warrant to open lockfast places

15.5515.5515.55

(f)Time

(i)with witness – £25.00 per unit

(ii)without witness – £18.70 per unit

(g)Photocopies

(i)first page of document – £1.75

(ii)subsequent pages – per page – £0.95

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 3.6% with effect from 1st January 2008.

(1)

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