Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 1988'

Statutory Instruments

1988 No. 2166 (S.209)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 1988'

Made

9th December 1988

Coming into force

11th January 1989

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 5 of the Court of Session Act 1988(1)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) (No. 2) 1988 and shall come into force on 11th January 1989.

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

Amendment of Act of Sederunt (Fees of Messengers-at-Arms) 1978

2.  In the Schedule to the Act of Sederunt (Fees of Messengers-at-Arms) 1978(2)—

(a) in paragraph 7 (poinding) after sub-paragraph (f), insert the following sub-paragraphs:—

“(g) To serving a notice under section 18(1) of the Debtors (Scotland) Act 1987(3) ... ... ... ...£4.20

(h) To making a report under section 21(4) of the Debtors (Scotland) Act 1987 ... ... ... ...£7.05

(i) To granting a receipt under section 21(5) of the Debtors (Scotland) Act 1987 ... ... ... ...£3.55

(j) To making a report under section 22(1) of the Debtors (Scotland) Act 1987 ... ... ... ...£3.55

(k) To granting a receipt under section 41(4) of the Debtors (Scotland) Act 1987 ... ... ... ...£3.55

(l) To making a report under section 41(5)(b) of the Debtors (Scotland) Act 1987 ... ... ... ...£7.05”

(b) in paragraph 8 (sales), after sub-paragraph (i) insert the following sub-paragraphs:—

“(j) To applying for a warrant of sale under section 30(1) of the Debtors (Scotland) Act 1987 ... ... ... ...£3.55

(k) To serving a copy application for a warrant of sale under section 30(3) of the Debtors (Scotland) Act 1987 — each debtor ... ... ... ...£4.20

(l) To granting a receipt under section 33(3) of the Debtors (Scotland) Act 1987 ... ... ... ...£3.55

(m) To making a report under section 33(5)(b) of the Debtors (Scotland) Act 1987 ... ... ... ...£7.05

(n) To arranging warrant sale under a warrant of sale obtained under section 31(2)(a) of the Debtors (Scotland) Act 1987 ... ... ... ...£4.60

(o) To intimating the date arranged for a warrant sale under section 34(1)(a) of the Debtors (Scotland) Act 1987 — each debtor or possessor ... ... ... ...£4.20

(p) To serving a copy warrant of sale under section 34(1)(b) of the Debtors (Scotland) Act 1987 -each debtor or possessor ... ... ... ...£5.60

(q) To giving public notice of warrant sale under section 34(4) of the Debtors (Scotland) Act 1987 ... ... ... ...£2.25

(r) To arranging locksmith and tradesman to be in attendance by virtue of the power under section 31(2)(c) of the Debtors (Scotland) Act 1987 ... ... ... ...£2.25

• (s) To removing articles to place of warrant sale ... ... ... ...£11.55

• To reserving time therefor ... ... ... ...£4.60

• To arranging tradesmen therefor ... ... ... ...£2.25

• Porterage and transport fees in addition

(t) To attending and conducting a warrant sale under the Debtors (Scotland) Act 1987 when appraised value of poinded effects does not exceed £50 ... ... ... ...£8.50

Each additional £25 or part thereof ... ... ... ...£2.75

(u) To attending and supervising a warrant sale ... ... ... ...£11.55

• (v) To returning articles where sale cancelled under section 36(1) of the Debtors (Scotland) Act 1987 ... ... ... ...£11.55

• To reserving time therefor ... ... ... ...£4.60

• To arranging tradesmen to be in attendance therefor ... ... ... ...£2.25

• Porterage and transport fees in addition

(w) To making a report under section 36(2) of the Debtors (Scotland) Act 1987 ... ... ... ...£7.05

(x) To making a report of sale under section 39(1) of the Debtors (Scotland) Act 1987 ... ... ... ...£7.05”;

(c) in paragraph 11 (miscellaneous), after the last item, insert the following item —

“To making a report under section 39(3) of the Debtors (Scotland) Act 1987 ... ... ... ...£7.05”.

Emslie

Lord President, I.P.D. Edinburgh

9th December 1988

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) 1978 to make provision for fees in respect of work under the Debtors (Scotland) Act 1987.

(1)

1988 c. 36

(2)

S.I. 1978/1424, amended by S.I. 1986/255 and 1988/1503

(3)

1987 c. 18