Act of Sederunt (Fees of Messengers-at-Arms) 2004

Made: 29th November 2004

Coming into force: 1st January 2005

The Lords of Council and Session, under and by virtue of the powers conferred upon them by section 6 of the Execution of Diligence (Scotland) Act 1926[^f00001], section 5 of the Court of Session Act 1988[^f00002] 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) 2004 and shall come into force on 1st January 2005.

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

Amendment of fees and regulations

2

• (1) Subject to sub-paragraph (3) 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[^f00003].

• (2) Subject to sub-paragraph (3) below, regulation 5 of Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002 for “excluding postage, but including any recorded delivery costs exclusive of postage” there shall be substituted “including postage and any recorded delivery costs”.

• (3) Sub-paragraphs (1) and (2) shall apply to work carried out by a messenger-at-arms on or after 1st January 2005 but shall not affect the fees payable as respects any work so carried out before that date.

SCHEDULE — TABLE OF FEES

1

Service or intimation of a document

2

Inhibitions

3

Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and anti-social behaviour orders under the Crime and Disorder Act 1998)

4

Attachments

5

Attachment of motor vehicle, heavy plant or machinery

6

Sequestrations for rent, poinding of the ground

7

Auctions

8

Ejections

9

Taking possession of effects

10

Apprehensions

11

Taking possession of children

12

Arresting vessels, aircraft and cargo

13

Miscellaneous

Signed

CULLEN OF WHITEKIRK — Lord President I.P.D. — 29th November 2004

Explanatory note

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

This Act of Sederunt amends the Schedule to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002 by increasing the fees payable to messengers-at-arms by 3.7% with effect from 1st January 2005. It also amends the general regulations set out in that Schedule so as to entitle messengers-at-arms to payment under those regulations in respect of postage.

Footnotes

[^f00001]: 1926 c. 16.

[^f00002]: 1988 c. 36.

[^f00003]: S.S.I. 2002/566 amended by S.S.I. 536.