1988 No. 2166 (S.209)

COURT OF SESSION, SCOTLAND

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

Made

Coming into force

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 19881and 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 commencement1

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) 19782

In the Schedule to the Act of Sederunt (Fees of Messengers-at-Arms) 19782

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 19873…£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

EmslieLord President, I.P.D. Edinburgh

(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.