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      SCOTTISH STATUTORY INSTRUMENTS

      2001 No. 440

      COURT OF SESSION

      Act of Sederunt (Fees of Messengers-At-Arms) 2001

        Made 27th November 2001 
        Coming into force 1st January 2002 

      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) 2001 and shall come into force on 1st January 2002.

          (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.


      W. Douglas Cullen
      Lord President I.P.D.

      Edinburgh
      27th November 2001



      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

      		 £41.10 £69.70 £88.00
      (ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987

      		 £13.75 £13.75 £13.75
      (b) Postal service

      		 £20.15 £20.15 £20.15
      (c) Postal diligence

      		 £30.45 £30.45 £30.45
      2. Inhibitions
             
      (a) Inhibition only

        (i) each person at a different address

      		 £43.25 £69.70 £88.00
      (ii) each additional person at the same address

      		 £22.40 £22.40 £22.40
      (b) Inhibition and service

        (i) each person at a different address

      		 £56.95 £83.30 £102.00
      (ii) each additional person at the same address

      		 £36.20 £36.20 £36.20
      (c) Inhibition, service and interdict

        (i) each person at a different address

      		 £138.25 £138.25 £138.25
      (ii) each additional person at the same address

      		 £58.75 £58.75 £58.75
      3. Interdicts
             
      (a) Interdict only

        (i) each person at a different address

      		 £102.00 £102.00 £102.00
      (ii) each additional person at the same address

      		 £22.40 £22.40 £22.40
      (b) Interdict and service

        (i) each person at a different address

      		 £115.75 £115.75 £115.75
      (ii) each additional person at the same address

      		 £36.20 £36.20 £36.20
      (c) Interdict, service and inhibition

        (i) each person at a different address

      		 £138.25 £138.25 £138.25
      (ii) each additional person at the same address

      		 £58.75 £58.75 £58.75
      4. Poindings
             
      (a) Serving notice of entry

      		 £7.70 £7.70 £7.70
      (b) Arranging poinding and endeavouring, but being unable, to execute it for whatever reason

      		 £57.75 £57.75 £57.75
      (c) Arranging and executing poinding where appraised value is-

        (i) £476 or under

      		 £67.65 £67.65 £67.65
      (ii) Over £476 and up to £1,911

      		 £104.80 £104.80 £104.80
      (iii) Over £1,911 and up to £19,253 - 10% of the appraised value

      		               
      (iv) Over £19,253 and up to £96,254 - 10% of the first £19,153, 5% thereafter

      		               
      (v) Over £96,254 - 10% of the first £19,253, 5% thereafter up to £96,254, and 1% thereafter

      		               
      (d) Reporting poinding

      		 £6.50 £6.50 £6.50
      5. Poindings of motor vehicles, heavy plant or machinery
             
      (a) Arranging and executing poinding where appraised value is-

        (i) £476 or under

      		 £67.65 £67.65 £67.65
      (ii) Over £476 and up to £2,115

      		 £104.80 £104.80 £104.80
      (iii) Over £2,115 and up to £96,254 - 5% of the appraised value

      		               
      (iv) Over £96,254 - 5% of the first £96,254, and 1% thereafter

      		               
      (b) Reporting poinding

      		 £6.50 £6.50 £6.50
      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

      		 £55.15 £55.15 £55.15
      (b) Arranging and effecting sequestration or poinding of the ground

      		 £102.00 £102.00 £102.00
      7. Sales
             
      (a)

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

      		 £12.85 £12.85 £12.85
      (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

      		 £16.70 £16.70 £16.70
      (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

      		 £29.00 £49.20 £62.10
      (d)

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

      		 £55.15 £55.15 £55.15
      (ii) Conducting warrant sale with witness where the appraised value is -

      £476 or under

      		 £64.95 £64.95 £64.95
      Over £476

      		 £102.00 £102.00 £102.00
      8. Ejections
             
      (a) Arranging ejection

      		 £55.15 £55.15 £55.15
      (b) Arranging and executing ejection

      		 £85.70 £85.70 £85.70
      9. Taking possession of effects
             
      (a) Arranging possession

      		 £55.15 £55.15 £55.15
      (b) Arranging and effecting possession

      		 £102.00 £102.00 £102.00
      10. Apprehensions
             
      (a) Arranging apprehension

      		 £55.15 £55.15 £55.15
      (b) Arranging and apprehending

      		 £102.00 £102.00 £102.00
      11. Taking possession of children
             
      (a) Arranging to take possession

      		 £55.15 £55.15 £55.15
      (b) Taking possession of each child

      		 £102.00 £102.00 £102.00
      12. Arresting vessels, aircraft and cargo
             
      (a) Arranging to arrest

      		 £55.15 £55.15 £55.15
      (b) Arranging and effecting arrestment

      		 £168.60 £168.60 £168.60
      13. Miscellaneous
             
      (a) Making any report or application under the Act of 1987 with the exception of reporting a poinding

      		 £12.75 £12.75 £12.75
      (b) Granting any receipt required to be issued under the Act of 1987

      		 £6.50 £6.50 £6.50
      (c) Arranging for locksmith or tradesman to be in attendance

      		 £4.15 £4.15 £4.15
      (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

      		 £12.75 £12.75 £12.75
      (e) Executing warrant to open lockfast places

      		 £12.75 £12.75 £12.75
      (f) Time

        (i) with witness - £20.50 per unit

      		               
      (ii) without witness - £15.30 per unit

      		               
      (g) Photocopies

        (i) first page of document - £1.45

      		               
      (ii) subsequent pages - per page - £0.70

      		               

      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) 2000 (S.S.I. 2000/421).

       [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, S.S.I. 1999/151 and S.S.I. 2000/421.back


      ISBN 0 11059927 6


 



© Crown copyright 2001
Prepared 19 December 2001
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