http://www.legislation.gov.uk/ssi/2018/126Act of Sederunt (Fees of Messengers-at-Arms, Sheriff Officers and Shorthand Writers) (Amendment) 2018enCOURT OF SESSIONSHERIFF APPEAL COURTSHERIFF COURTStatute Law Database2026-08-10Expert Participation2018-06-04 This Act of Sederunt makes changes to the rules regulating the fees of shorthand writers, Messengers-at-Arms and sheriff officers. Act of Sederunt (Fees of Messengers-at-Arms, Sheriff Officers and Shorthand Writers) (Amendment) 2018InstrumentAct of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) 2026sch. 2para. 5(1) 6para. 1(2) 2018 No. 126Court Of SessionSheriff Appeal CourtSheriff CourtAct of Sederunt (Fees of Messengers-at-Arms, Sheriff Officers and Shorthand Writers) (Amendment) 2018Made18th April 2018Laid before the Scottish Parliament20th April 2018Coming into force4th June 2018

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013, the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council.

The Court of Session therefore makes this Act of Sederunt under the powers conferred by sections 105(1) and 106(1) of the Courts Reform (Scotland) Act 2014 and all other powers enabling it to do so. Citation and commencement, <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>11This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms, Sheriff Officers and Shorthand Writers) (Amendment) 2018.2It comes into force on 4th June 2018.3A certified copy is to be inserted in the Books of Sederunt.Amendment of Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 199221The Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992 is amended in accordance with this paragraph.2In schedule 2 (shorthand writers’ fees)—ain paragraph 1 (attendance), for “£43.20” and “£172.60” substitute “£44.30” and “£177.10” respectively;bin paragraph 4 (transcripts), for “£7.05” and “£8.65” substitute “£7.25” and “£8.85” respectively; andcin paragraph 5 (copies), for “£0.59” substitute “£0.61”.Amendment of the Rules of the Court of Session 199431The Rules of the Court of Session 1994 are amended in accordance with this paragraph.2In Chapter IV (transcripts of evidence etc.) of the Table of Fees in rule 42.16(3)—ain paragraph 1 (attendance of shorthand writer), for “£43.20” and “£172.60” substitute “£44.30” and “£177.10” respectively; andbin paragraph 2 (notes of evidence: extension by shorthand writer or transcriber), for “£7.05”, “£8.65” and “£0.59” substitute “£7.25”, “£8.85” and “£0.61” respectively.Amendment of Act of Sederunt (Fees of Messengers-at-Arms) (<Abbreviation Expansion="Number">No.</Abbreviation> 2) 20024For the Table of Fees in schedule 1 of Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002 substitute the Table of Fees in schedule 1 of this Act of Sederunt.Amendment of Act of Sederunt (Fees of Sheriff Officers) (No. 2) 20025For the Table of Fees in schedule 1 of Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002 substitute the Table of Fees in schedule 2 of this Act of Sederunt.Saving6Paragraphs 2, 3, 4 and 5 have no effect as regards fees payable in respect of work carried out before 4th June 2018.CJM SUTHERLANDLord President
Edinburgh
I.P.D.18th April 2018 SCHEDULE 1Paragraph 4TABLE OF FEES PAYABLE TO MESSENGERS-AT-ARMS
Item£
1.Service or intimation of a document
Service
each person at a different address103.78
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 200220.47
Postal service29.50
Postal diligence44.94
2.Inhibitions
Inhibitions only
each person at a different address103.78
each additional person at the same address33.40
Inhibition and service
each person at a different address123.89
each additional person at the same address53.81
Inhibition, service and interdict
each person at a different address205.76
each additional person at the same address87.47
3.Interdicts (including non-harassment orders under the Protection from Harassment Act 1997)
Interdict only
each person at a different address151.64
each additional person at the same address33.40
Interdict and service
each person at a different address172.32
each additional person at the same address53.81
Interdict, service and inhibition
each person at a different address205.76
each additional person at the same address87.47
4.Attachments
Service notice of entry11.49
Arranging attachment and endeavouring but being unable to execute the same for whatever reason85.98
Arranging and executing attachment where appraised value is—
£708 or under100.60
over £708 and up to £2,845155.95
over £2,845 and up to £28,648 – 10% of the appraised value
over £28,648 and up to £143,231 – 10% of the first £28,648, 5% thereafter
over £143,231 – 10% of the first £28,648, 5% thereafter up to £143,231 and 1% thereafter
Reporting attachment9.54
5.Attachment of motor vehicles, heavy plant or machinery
Arranging and executing attachment where appraised value is—
£708 or under100.60
over £708 and up to £3,147155.95
over £3,147 and up to £143,231 – 5% of the appraised value
over £143,231 – 5% of the first £143,231 and 1% thereafter
Reporting attachment9.54
6.Money attachments under the Act of 2007
Arranging attachment and endeavouring but being unable to execute the same for whatever reason85.98
Arranging and executing attachment, including removal of attached money, where value of money is—
£708 or under100.60
over £708 and up to £2,845155.95
over £2,845 and up to £28,648 – 10% of the value
over £28,648 and up to £143,231 – 10% of the first £28,648, 5% thereafter
over £143,231 – 10% of the first £28,648, 5% thereafter up to £143,231 and 1% thereafter
Reporting attachment9.54
7.Auctions
Arranging auction, preparing advertisement and giving public notice24.88
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 item1(a) or (b) above, as the case may be
Officer and witness attending auction but auction not executed for whatever reason82.13
Officer and witness attending auction sale151.64
8.Ejections
Arranging ejection82.13
Arranging and executing ejection127.48
9.Taking possession of effects
Arranging possession82.13
Arranging and effecting possession151.64
10.Apprehensions
Arranging apprehension82.13
Arranging and apprehending151.64
11.Uplifting children
Arranging uplift82.13
Uplifting each child151.64
12.Arresting vessels, aircraft and cargo
Arranging to arrest82.13
Arranging and effecting arrestment250.96
13.Miscellaneous
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 attachment19.08
Granting any receipt required to be issued under the Act of 1987 or the Act of 20029.54
Arranging locksmith or tradesman to be in attendance6.10
Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor19.08
Executing warrant to open lockfast places19.08
Time
with witness – £30.57 per unit
without witness – £22.78 per unit
Photocopies
first page document – £2.15
subsequent pages – per page £1.18
Service of a document in Scotland under Regulation (EC) No.1393/2007 of the European Parliament and of the Council of 13thNovember 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No.1348/2000—
where service is effected by a method mentioned in rule16.1(1)(a)(i), (ii), (iii) or (b)(i) of the Rules of the Court of Session 1994 (methods and manner of service on a person)142.51
where service is effected by a method mentioned in rule16.1(1)(a)(iv) or (b)(ii) of the Rules of the Court of Session 1994 (postal service)45.40
SCHEDULE 2Paragraph 5TABLE OF FEES PAYABLE TO SHERIFF OFFICERS
Column AColumn B
Item££
1.Service or intimation of a document
Service
each person at a different address52.0281.16
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 200211.3418.31
Postal service15.9026.93
Postal diligence24.6840.48
2.Inhibitions
Inhibitions only
each person at a different address67.05103.78
each additional person at the same address21.6033.40
Inhibition and service
each person at a different address78.28120.91
each additional person at the same address34.0152.53
Inhibition, service and interdict
each person at a different address200.84
each additional person at the same address85.47
3.Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and antisocial behaviour orders under the Antisocial Behaviour etc. (Scotland) Act 2004)
Interdict only
each person at a different address151.64
each additional person at the same address33.40
Interdict and service
each person at a different address170.47
each additional person at the same address51.92
4.Attachments
Service notice of entry7.4411.49
Arranging attachment and endeavouring but being unable to execute the same for whatever reason58.7485.98
Arranging and executing attachment where appraised value is—
£708 or under100.60100.60
over £708 and up to £2,845155.95155.95
over £2,845 and up to £28,648 – 10% of the appraised value
over £28,648 and up to £143,231 – 10% of the first £28,648, 5% thereafter
over £143,231 – 10% of the first £28,648 5% thereafter up to £143,231 and 1% thereafter
Reporting attachment9.549.54
5.Attachment of motor vehicles, heavy plant or machinery
Arranging and executing attachment where appraised value is—
£708 or under100.60100.60
over £708 and up to £3,147155.95155.95
over £3,147 and up to £143,231 – 5% of the appraised value
over £143,231 – 5% of the first £143,231 and 1% thereafter
Reporting attachment9.549.54
6.Money attachments under the Act of 2007
Arranging attachment and endeavouring but being unable to execute the same for whatever reason58.7485.98
Arranging and executing attachment, including removal of attached money, where value of money is—
£708 or under100.60100.60
over £708 and up to £2,845155.95155.95
over £2,845 and up to £28,648 – 10% of the value
over £28,648 and up to £143,231 – 10% of the first £28,648, 5% thereafter
over £143,231 – 10% of the first £28,648, 5% thereafter up to £143,231 and 1% thereafter
Reporting attachment9.549.54
7.Auctions
Arranging auction, preparing advertisement and giving public notice24.8824.88
Intimating the place and date of auction and if necessary the date of removal of attached effects – as in items 1(a) or (b) above, as the case may be
Officer and witness attending auction but auction not executed for whatever reason54.7482.13
Officer and witness attending auction151.64151.64
8.Ejections
Arranging ejection54.7482.13
Arranging and executing ejection112.40127.48
9.Taking possession of effects
Arranging possession54.7482.13
Arranging and effecting possession112.40151.64
10.Apprehensions
Arranging apprehension82.13
Arranging and apprehending151.64
11.Uplifting children
Arranging uplift82.13
Uplifting of each child151.64
12.Arresting vessels, aircraft and cargo
Arranging to arrest54.7482.13
Arranging and effecting arrestment138.05250.96
13.Miscellaneous
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 attachment19.0819.08
Granting any receipt required to be issued under the Act of 1987 or the Act of 20029.549.54
Arranging locksmith or tradesman to be in attendance6.106.10
Granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor19.0819.08
Executing warrant to open lockfast places19.0819.08
Time
with witness – £30.57 per unit
without witness – £22.78 per unit
Photocopies
first page document – £2.15
subsequent pages – per page £1.18
 EXPLANATORY NOTE(This note is not part of the Act of Sederunt)

This Act of Sederunt makes changes to the rules regulating the fees of shorthand writers, Messengers-at-Arms and sheriff officers.

Paragraphs 2 and 3 amend the fees chargeable by shorthand writers in relation to proceedings in the Court of Session and civil proceedings in the sheriff court, as provided for in the Rules of the Court of Session 1994, and in Act of Sederunt (Fees of Witnesses and Shorthand Writers in the Sheriff Court) 1992.

Paragraphs 4 and 5 substitute new tables of fees for Messengers-at-Arms and sheriff officers in Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002 and Act of Sederunt (Fees of Sheriff Officers) (No. 2) 2002.

 2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3) and by the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2), schedule 1, paragraph 1(4). 2014 asp 18. S.I. 1992/1878, last amended by S.S.I. 2016/316. Schedule 2 was substituted by S.I. 1997/1118 and last amended by S.S.I. 2016/316. The Rules of the Court of Session 1994 are in schedule 2 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 (S.I. 1994/1443), last amended by S.S.I. 2017/414. Chapter IV was last amended by S.S.I. 2016/316. S.S.I. 2002/566. The table of fees was substituted by S.S.I. 2016/101. S.S.I. 2002/567, last amended by S.S.I. 2017/153. The table of fees was substituted by S.S.I. 2016/100. Sch. 1 in force at 4.6.2018, see para. 1(2)Sch. 2 in force at 4.6.2018, see para. 1(2)Para. 2 in force at 4.6.2018, see para. 1(2)Para. 6 in force at 4.6.2018, see para. 1(2)Para. 1 in force at 4.6.2018, see para. 1(2)Para. 3 in force at 4.6.2018, see para. 1(2)Para. 4 in force at 4.6.2018, see para. 1(2)Para. 5 in force at 4.6.2018, see para. 1(2)