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      SCOTTISH STATUTORY INSTRUMENTS


      1999 No. 151

      COURT OF SESSION, SCOTLAND

      Act of Sederunt (Fees of Messengers-at-Arms) 1999

        Made 19th November 1999 
        Coming into force 1st January 2000 

      The Lords of Council and Session, under and by virtue of the powers conferred on 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) 1999 and shall come into force on 1st January 2000.

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

      Amendment of Fees
          
      2.  - (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) 1994[3] and shall apply to work carried out by a messenger-at-arms on or after the date on which this Act of Sederunt comes into force.

          (2) Sub-paragraph (1) above does not affect the fees payable as respects any work so carried out before the date mentioned in that sub-paragraph.


      Rodger of Earlsferry
      Lord President, I.P.D.

      Edinburgh,
      19th November 1999



      SCHEDULE
      Para.2(1).


      TABLE OF FEES


      Item Band 1 Band 2 Band 3
           1. Service or intimation of a document

        (a) Service

      £38.45 £65.20 £82.35
      (i) each person at a different address

      (ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987

      £12.85 £12.85 £12.85
      (b) Postal service

      £18.85 £18.85 £18.85
      (c) Postal diligence

      £28.50 £28.50 £28.50
           2. Inhibitions

        (a) Inhibition only

           
      (i) each person at a different address

      £40.45 £65.20 £82.35
      (ii) each additional person at the same address

      £20.95 £20.95 £20.95
      (b) Inhibition and service

        (i) each person at a different address

      £53.25 £77.95 £95.40
      (ii) each additional person at the same address

      £33.85 £33.85 £33.85
      (c) Inhibition, service and interdict

        (i) each person at a different address

      £129.30 £129.30 £129.30
      (ii) each additional person at the same address

      £54.95 £54.95 £54.95
           3. Interdicts

        (a) Interdict only

          (i) each person at a different address

      £95.40 £95.40 £95.40
      (ii) each additional person at the same address

      £20.95 £20.95 £20.95
      (b) Interdict and service

        (i) each person at a different address

      £108.25 £108.25 £108.25
      (ii) each additional person at the same address

      £33.85 £33.85 £33.85
      (c) Interdict, service and inhibition

        (i) each person at a different address

      £129.30 £129.30 £129.30
      (ii) each additional person at the same address

      £54.95 £54.95 £54.95
           4. Poindings

        (a) Serving notice of entry

      £7.20 £7.20 £7.20
      (b) Arranging poinding and endeavouring, but being unable, to execute it for whatever reason

      £54.05 £54.05 £54.05
      (c) Arranging and executing poinding where appraised value is -

        (i) £445 or under

      £63.25 £63.25 £63.25
      (ii) Over £445 and up to £1,788

      £98.00 £98.00 £98.00
      (iii) Over £1,788 and up to £18,008 - 10% of the appraised value

           
      (iv) Over £18,008 and up to £90,028 - 10% of the first £18,008, 5% thereafter

           
      (v) Over £90,028 - 10% of the first £18,008, 5% thereafter up to £90,028, and 1% thereafter

           
      (d) Reporting poinding

      £6.10 £6.10 £6.10
           5. Poindings of motor vehicles, heavy plant or machinery

        (a) Arranging and executing poinding where appraised value is -

           
      (i) £445 or under

      £63.25 £63.25 £63.25
      (ii) Over £445 and up to £1,978

      £98.00 £98.00 £98.00
      (iii) Over £1,978 and up to £90,028 - 5% of the appraised value

           
      (iv) Over £90,028 - 5% of the first £90,028, and 1% thereafter

           
      (b) Reporting poinding

      £6.10 £6.10 £6.10
           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 it for whatever reason

      £51.55 £51.55 £51.55
      (b) Arranging and effecting sequestration or poinding of the ground

      £95.40 £95.40 £95.40
           7. Sales

        (a)

          (i) Application for warrant of sale or variation of a warrant of sale

      £12.00 £12.00 £12.00
      (ii) Intimating application - as in item 1(a) or

           
      (b) above, as the case may be

           
      (b)

        (i) Arranging warrant sale, preparing advertisement and giving public notice

      £15.60 £15.60 £15.60
      (ii) Serving copy of warrant of sale and intimating the place and date of sale and if necessary the date of removal of poinded effects - as in item 1(a) or (b) above, as the case may be

           
      (c) Attending warrant sale alone conducted by auctioneer

      £27.15 £46.00 £58.10
      (d)

        (i) Attending warrant sale with witness and being unable to execute it for whatever reason

      £51.55 £51.55 £51.55
      (ii) Conducting warrant sale with witness where the appraised value is - £445 or under

      £60.75 £60.75 £60.75
      Over £445 £95.40 £95.40 £95.40
           8. Ejections

        (a) Arranging ejection

      £51.55 £51.55 £51.55
      (b) Arranging and executing ejection

      £80.15 £80.15 £80.15
           9. Taking possession of effects

        (a) Arranging possession

      £51.55 £51.55 £51.55
      (b) Arranging and effecting possession

      £95.40 £95.40 £95.40
           10. Apprehensions

        (a) Arranging apprehension

      £51.55 £51.55 £51.55
      (b) Arranging and apprehending

      £95.40 £95.40 £95.40
           11. Taking possession of children

        (a) Arranging to take possession

      £51.55 £51.55 £51.55
      (b) Taking possession of each child

      £95.40 £95.40 £95.40
           12. Arresting vessels, aircraft and cargo

        (a) Arranging to arrest £51.55 £51.55 £51.55

           
      (b) Arranging and effecting arrestment

      £157.70 £157.70 £157.70
           13. Miscellaneous

        (a) Making any report or application under the Act of 1987 with the exception of reporting a poinding

      £11.95 £11.95 £11.95
      (b) Granting any receipt required to be issued under the Act of 1987

      £6.10 £6.10 £6.10
      (c) Arranging for locksmith or tradesman to be in attendance

      £3.85 £3.85 £3.85
      (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

      £11.95 £11.95 £11.95
      (e) Executing warrant to open lockfast places

      £11.95 £11.95 £11.95
      (f) Time

           
      (i) with witness - £19.15 per unit

           
      (ii) without witness - £14.30 per unit

           
      (g) Photocopies

           
      (i) first page of document - £1.35

           
      (ii) subsequent pages - per page - £0.60

           

      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) 1994 (S.I.1994/391) by increasing the fees payable to Messengers-at-Arms by about 3.25%.

      The last increase was in the Act of Sederunt (Fees of Messengers-at-Arms) 1998 (S.I.1998/2668).

      [1] 1926 c.16.back

      [2] 1988 c.36.back

      [3] S.I. 1994/391, as amended by S.I. 1994/3268, S.I. 1995/3094, S.I. 1996/2855, S.I. 1997/2825 and S.I. 1998/2668back


      ISBN 0 11 059203 4


 



© Crown copyright 1999
Prepared 9 December 1999
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