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Scottish Statutory Instruments

2016 No. 101

Court Of Session

Act of Sederunt (Fees of Messengers-at-Arms) 2016

Made

12th February 2016

Laid before the Scottish Parliament

16th February 2016

Coming into force

1st April 2016

In accordance with section 4 of the Scottish Civil Justice Council and Criminal Legal Assistance Act 2013(1), the Court of Session has approved draft rules submitted to it by the Scottish Civil Justice Council [with such modifications as it thinks appropriate].

The Court of Session therefore makes this Act of Sederunt under the powers conferred by section 105(1) of the Courts Reform (Scotland) Act 2014(2) and all other powers enabling it to do so.

The Lord Lyon King of Arms has concurred in the making of this Act of Sederunt.

Citation and commencement, etc.

1.-(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 2016.

(2) It comes into force on 1st April 2016.

(3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of fees

2. For the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002(3) substitute the Table of Fees in the Schedule.

Savings

3. Paragraph 2 does not affect the fees payable as respects any work carried out before 1st April 2016.

CJM SUTHERLAND

Lord President

Edinburgh

I.P.D.

12th February 2016

Paragraph 2

SCHEDULETABLE OF FEES

Item	£
1. Service or intimation of a document
(a) Service
(i) each person at a different address		101.15
(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		19.95
(b) Postal service		28.75
(c) Postal diligence		43.80
2. Inhibitions
(a) Inhibitions only
(i) each person at a different address		101.15
(ii) each additional person at the same address		32.55
(b) Inhibition and service
(i) each person at a different address		120.75
(ii) each additional person at the same address		52.45
(c) Inhibition, service and interdict
(i) each person at a different address		200.55
(ii) each additional person at the same address		85.25
3. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997)
(a) Interdict only
(i) each person at a different address		147.80
(ii) each additional person at the same address		32.55
(b) Interdict and service
(i) each person at a different address		167.95
(ii) each additional person at the same address		52.45
(c) Interdict, service and inhibition
(i) each person at a different address		200.55
(ii) each additional person at the same address		85.25
4. Attachments
(a) Service notice of entry		11.20
(b) Arranging attachment and endeavouring but being unable to execute the same for whatever reason		83.80
(c) Arranging and executing attachment where appraised value is-
(i) £690 or under		98.05
(ii) over £690 and up to £2,773		152.00
(iii) over £2,773 and up to £27,922 – 10% of the appraised value
(iv) over £27,922 and up to £139,601 – 10% of the first £27,922, 5% thereafter
(v) over £139,601 – 10% of the first £27,922, 5% thereafter up to £139,601 and 1% thereafter
(d) Reporting attachment		9.30
5. Attachment of motor vehicles, heavy plant or machinery
(a) Arranging and executing attachment where appraised value is-
(i) £690 or under		98.05
(ii) over £690 and up to £3,067		152.00
(iii) over £3,067 and up to £139,601 – 5% of the appraised value
(iv) over £139,601 – 5% of the first £139,601 and 1% thereafter
(b) Reporting attachment		9.30
6. Money attachments under the Act of 2007
(a) Arranging attachment and endeavouring but being unable to execute the same for whatever reason		83.80
(b) Arranging and executing attachment, including removal of attached money, where value of money is-
(i) £690 or under		98.05
(ii) over £690 and up to £2,773		152.00
(iii) over £2,773 and up to £27,922 – 10% of the value
(iv) over £27,922 and up to £139,601 – 10% of the first £27,922, 5% thereafter
(v) over £139,601 – 10% of the first £27,922, 5% thereafter up to £139,601 and 1% thereafter
(c) Reporting attachment		9.30
7. Auctions
(a) Arranging auction, preparing advertisement and giving public notice		24.25
(b) 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
(c) Officer and witness attending auction but auction not executed for whatever reason		80.05
(d) Officer and witness attending auction sale		147.80
8. Ejections
(a) Arranging ejection		80.05
(b) Arranging and executing ejection		124.25
9. Taking possession of effects
(a) Arranging possession		80.05
(b) Arranging and effecting possession		147.80
10. Apprehensions
(a) Arranging apprehension		80.05
(b) Arranging and apprehending		147.80
11. Uplifting children
(a) Arranging uplift		80.05
(b) Uplifting each child		147.80
12. Arresting vessels, aircraft and cargo
(a) Arranging to arrest		80.05
(b) Arranging and effecting arrestment		244.60
13. Miscellaneous
(a) Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment		18.60
(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002		9.30
(c) Arranging locksmith or tradesman to be in attendance		5.95
(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		18.60
(e) Executing warrant to open lockfast places		18.60
(f) Time
(i) with witness – £29.80 per unit
(ii) without witness – £22.20 per unit
(g) Photocopies
(i) first page of document – £2.10
(ii) subsequent pages – per page £1.15
(h) Service of a document in Scotland under Regulation (EC) No 1393/2007 of the European Parliament and of the Council of 13th November 2007 on the service in the Member States of judicial and extrajudicial documents in civil or commercial matters (service of documents), and repealing Council Regulation (EC) No 1348/2000-
(i) where service is effected by a method mentioned in rule 16.1(1)(a)(i), (ii), (iii) or (b)(i) of the Rules of the Court of Session 1994 (methods and manner of service on a person)		138.90
(ii) where service is effected by a method mentioned in rule 16.1(1)(a)(iv) or (b)(ii) of the Rules of the Court of Session 1994 (postal service)		44.25

EXPLANATORY NOTE

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

This Act of Sederunt substitutes a new Table of Fees for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002.

The fee levels in the new Table of Fees represent an increase of 1.3% on the existing fees. This increase takes effect from 1st April 2016.

(1)

2013 asp 3. Section 4 was amended by the Courts Reform (Scotland) Act 2014 (asp 18), schedule 5, paragraph 31(3).

(2)

2014 asp 18.

(3)

S.S.I. 2002/566, last amended by S.S.I. 2013/346.