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      SCOTTISH STATUTORY INSTRUMENTS

      2000 No. 421

      COURT OF SESSION

      Act of Sederunt (Fees of Messengers-At-Arms) 2000

        Made 24th November 2000 
        Coming into force 1st January 2001 

      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) 2000 and shall come into force on 1st January 2001.

          (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
      24th November 2000



      SCHEDULE
      Paragraph 2(1)


      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

      		 £39.80 £67.50 £85.25
      (ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987

      		 £13.30 £13.30 £13.30
      (b) Postal service

      		 £19.50 £19.50 £19.50
      (c) Postal diligence

      		 £29.50 £29.50 £29.50
           2. Inhibitions

      		      
      (a) Inhibition only

      		      
      (i) each person at a different address

      		 £41.90 £67.50 £85.25
      (ii) each additional person at the same address

      		 £21.70 £21.70 £21.70
      (b) Inhibition and service

      		      
      (i) each person at a different address

      		 £55.15 £80.70 £98.80
      (ii) each additional person at the same address

      		 £35.05 £35.05 £35.05
      (c) Inhibition, service and interdict

      		      
      (i) each person at a different address

      		 £133.90 £133.90 £133.90
      (ii) each additional person at the same address

      		 £56.90 £56.90 £56.90
           3. Interdicts

      		      
      (a) Interdict only

      		      
      (i) each person at a different address

      		 £98.80 £98.80 £98.80
      (ii) each additional person at the same address

      		 £21.70 £21.70 £21.70
      (b) Interdict and service

      		      
      (i) each person at a different address

      		 £112.10 £112.10 £112.10
      (ii) each additional person at the same address

      		 £35.05 £35.05 £35.05
      (c) Interdict, service and inhibition

      		      
      (i) each person at a different address

      		 £133.90 £133.90 £133.90
      (ii) each additional person at the same address

      		 £56.90 £56.90 £56.90
           4. Poindings

      		      
      (a) Serving notice of entry

      		 £7.45 £7.45 £7.45
      (b) Arranging poinding and endeavouring, but being unable, to execute it for whatever reason

      		 £55.95 £55.95 £55.95
      (c) Arranging and executing poinding where appraised value is-

      		      
      (i) £461 or under

      		 £65.50 £65.50 £65.50
      (ii) Over £461 and up to £1,851

      		 £101.50 £101.50 £101.50
      (iii) Over £1,851 and up to £18,647 - 10% of the appraised value

      		      
      (iv) Over £18,647 and up to £93,224 - 10% of the first £18,647, 5% thereafter

      		      
      (v) Over £93,224 - 10% of the first £18,647, 5% thereafter up to £93,224, and 1% thereafter

      		      
      (d) Reporting poinding

      		 £6.30 £6.30 £6.30
           5. Poindings of motor vehicles, heavy plant or machinery

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

      		      
      (i) £461 or under

      		 £65.50 £65.50 £65.50
      (ii) Over £461 and up to £2,048

      		 £101.50 £101.50 £101.50
      (iii) Over £2,048 and up to £93,224 - 5% of the appraised value

      		      
      (iv) Over £93,224 - 5% of the first £93,224, and 1% thereafter

      		      
      (b) Reporting poinding

      		 £6.30 £6.30 £6.30
           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

      		 £53.40 £53.40 £53.40
      (b) Arranging and effecting sequestration or poinding of the ground

      		 £98.80 £98.80 £98.80
           7. Sales

      		      
      (a)

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

      		 £12.45 £12.45 £12.45
      (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

      		 £16.15 £16.15 £16.15
      (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 warrrant sale alone conducted by auctioneer

      		 £28.10 £47.65 £60.15
      (d)

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

      		 £53.40 £53.40 £53.40
      (ii) Conducting warrant sale with witness where the appraised value is -

      £461 or under

      		 £62.90 £98.80 £62.90
      Over £461

      		 £98.80 £62.90 £98.80
           8. Ejections

      		      
      (a) Arranging ejection

      		 £53.40 £53.40 £53.40
      (b) Arranging and executing ejection

      		 £83.00 £83.00 £83.00
           9. Taking possession of effects

      		      
      (a) Arranging possession

      		 £53.40 £53.40 £53.40
      (b) Arranging and effecting possession

      		 £98.80 £98.80 £98.80
           10. Apprehensions

      		      
      (a) Arranging apprehension

      		 £53.40 £53.40 £53.40
      (b) Arranging and apprehending

      		 £98.80 £98.80 £98.80
           11. Taking possession of children

      		      
      (a) Arranging to take possession

      		 £53.40 £53.40 £53.40
      (b) Taking possession of each child

      		 £98.80 £98.80 £98.80
           12. Arresting vessels, aircraft and cargo

      		      
      (a) Arranging to arrest

      		 £53.40 £53.40 £53.40
      (b) Arranging and effecting arrestment

      		 £163.30 £163.30 £163.30
           13. Miscellaneous

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

      		 £12.35 £12.35 £12.35
      (b) Granting any receipt required to be issued under the Act of 1987

      		 £6.30 £6.30 £6.30
      (c) Arranging for locksmith or tradesman to be in attendance

      		 £4.00 £4.00 £4.00
      (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

      		 £12.35 £12.35 £12.35
      (e) Executing warrant to open lockfast places

      		 £12.35 £12.35 £12.35
      (f) Time

      		      
      (i) with witness - £19.85 per unit

      		      
      (ii) without witness - £14.80 per unit

      		      
      (g) Photocopies

      		      
      (i) first page of document - £1.40

      		      
      (ii) subsequent pages - per page - £0.65

      		      

      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 3.55%.

      The last increase was in the Act of Sederunt (Fees of Messengers-at-Arms) 1999 (S.S.I. 1999/151).

       [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, S.I. 1998/2668 and S.S.I. 1999/151.back


      ISBN 0 11 059520 3


 



© Crown copyright 2000
Prepared 12 December 2000
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