Act of Sederunt (Fees of Messengers-at-Arms) 2005

Scottish Statutory Instrument 2005 No. 582

Act of Sederunt (Fees of Messengers-at-Arms) 2005

Scottish Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.

The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.

It should be noted that the right to reproduce the text of Scottish Statutory Instruments does not extend to the Queen's Printer for Scotland imprints which should be removed from any copies of the Scottish Statutory Instrument which are issued or made available to the public. This includes reproduction of the Scottish Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.

The text of this Internet version of the Scottish Statutory Instrument has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the Act of Sederunt (Fees of Messengers-at-Arms) 2005, ISBN 011069824X. The print version may be purchased by clicking here. Braille copies of this Scottish Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.

Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.

To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.

SCOTTISH STATUTORY INSTRUMENTS

2005 No. 582

COURT OF SESSION

Act of Sederunt (Fees of Messengers-at-Arms) 2005

	Made	10th November 2005
	Coming into force	1st January 2006

Citation and commencement

—(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 2005 and shall come into force on 1st January 2006.

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

Amendment of fees

—(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) 2002[

Cullen of Whitekirk

SCHEDULE

Paragraph 2

TABLE OF FEES

Item	Band 1	Band 2	Band 3
	£	£	£
1. Service or intimation of a document
(a) Service
(i) each person at a different address	46.65	79.20	100.00
(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	15.60	15.60	15.60
(b) Postal service	22.55	22.55	22.55
(c) Postal diligence	34.30	34.30	34.30
2. Inhibitions
(a) Inhibition only
(i) each person at a different address	49.15	79.20	100.00
(ii) each additional person at the same address	25.50	25.50	25.50
(b) Inhibition and service
(i) each person at a different address	64.70	94.60	115.85
(ii) each additional person at a the same address	41.10	41.10	41.10
(c) Inhibition, service and interdict
(i) each person at a different address	157.05	157.05	157.05
(ii) each additional person at the same address	66.80	66.80	66.80
3. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997[4] and anti-social behaviour orders under the Crime and Disorder Act 1998[5])
(a) Interdict only
(i) each person at a different address	115.85	115.85	115.85
(ii) each additional person at the same address	25.50	25.50	25.50
(b) Interdict and service
(i) each person at a different address	131.50	131.50	131.50
(ii) each additional person at the same address	41.10	41.10	41.10
(c) Interdict, service and inhibition
(i) each person at a different address	157.05	157.05	157.05
(ii) each additional person at the same address	66.80	66.80	66.80
4. Attachments
(a) Serving notice of entry	8.75	8.75	8.75
(b) Arranging attachment and endeavouring but being unable to execute same for whatever reason	65.60	65.60	65.60
(c) Arranging and executing attachment where appraised value is–
(i) £541 or under	76.80	76.80	76.80
(ii) over £541 and up to £2,171	119.05	119.05	119.05
(iii) over £2,171 and up to £21,869 – 10% of the appraised value
(iv) over £21,869 and up to £109,334 – 10% of the first £21,869, 5% thereafter
(v) over £109,334 – 10% of the first £21,869, 5% thereafter up to £109,334 and 1% thereafter
(d) Reporting attachment	7.35	7.35	7.35
5. Attachment of motor vehicle, heavy plant or machinery
(a) Arranging and executing attachment where appraised value is–
(i) £541 or under	76.80	76.80	76.80
(ii) over £541 and up to £2,402	119.05	119.05	119.05
(iii) over £2,402 and up to £109,334 –5% of the appraised value
(iv) over £109,334 – 5% of the first £109,334 and 1% thereafter
(b) Reporting attachment	7.35	7.35	7.35
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	62.65	62.65	62.65
(b) Arranging and effecting sequestration or poinding of the ground	115.85	115.85	115.85
7. Auctions
(a) (i) Arranging auction, preparing advertisement and giving public notice	19.00	19.00	19.00
(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	62.65	62.65	62.65
(ii) Officer and witness attending auction sale	115.85	115.85	115.85
8. Ejections
(a) Arranging ejection	62.65	62.65	62.65
(b) Arranging and executing ejection	97.35	97.35	97.35
9. Taking possession of effects
(a) Arranging possession	62.65	62.65	62.65
(b) Arranging and effecting possession	115.85	115.85	115.85
10. Apprehensions
(a) Arranging apprehension	62.65	62.65	62.65
(b) Arranging and apprehending	115.85	115.85	115.85
11. Taking possession of children
(a) Arranging to take possession	62.65	62.65	62.65
(b) Taking possession of each child	115.85	115.85	115.85
12. Arresting vessels, aircraft and cargo
(a) Arranging to arrest	62.65	62.65	62.65
(b) arranging and effecting arrestment	191.55	191.55	191.55
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	14.50	14.50	14.50
(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002	7.35	7.35	7.35
(c) Arranging locksmith or tradesman to be in attendance	4.70	4.70	4.70
(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	14.50	14.50	14.50
(e) Executing warrant to open lockfast places	14.50	14.50	14.50
(f) Time
(i) with witness – £23.30 per unit
(ii) without witness – £17.40 per unit
(g) Photocopies
(i) first page of document – £1.65
(ii) subsequent pages – per page – £0.85

EXPLANATORY NOTE

(This note is not part of the Act of Sederunt)

The Lords of Council and Session amend 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 3.45% with effect from 1st January 2006.

Notes:

[1] 1926 c.16.

back

[2] 1988 c.36.back

[3] S.S.I. 2002/566, amended by S.S.I. 2003/536 and S.S.I. 2004/515.back

[4] 1997 c.40.back

[5] 1998 c.27.back

Other Scottish Statutory Instruments | UK Statutory Instruments | Home | Her Majesty's Stationery Office

We welcome your comments on this site

Prepared 23 November 2005