LegalizeAct of Sederunt (Fees of Messengers-at-Arms) 2005
Made: 10th November 2005
Coming into force: 1st January 2006
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) 2005 and shall come into force on 1st January 2006.
- (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) (No. 2) 2002[^f00003].
- (2) Sub paragraph (1) shall apply to work carried out by a messenger-at-arms on or after 1st January 2006 but shall not affect the fees payable as respects any work so carried out before that date.
SCHEDULE — 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 | 46.65 | 79.20 | 100.00 |
| 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 | 15.60 | 15.60 | 15.60 |
| b Postal service | 22.55 | 22.55 | 22.55 |
| c Postal diligence | 34.30 | 34.30 | 34.30 |
| 2. | |||
| Inhibitions | |||
| a Inhibition only | |||
| i each person at a different address | 49.15 | 79.20 | 100.00 |
| ii each additional person at the same address | 25.50 | 25.50 | 25.50 |
| b Inhibition and service | |||
| i each person at a different address | 64.70 | 94.60 | 115.85 |
| ii each additional person at a the same address | 41.10 | 41.10 | 41.10 |
| c Inhibition, service and interdict | |||
| i each person at a different address | 157.05 | 157.05 | 157.05 |
| ii each additional person at the same address | 66.80 | 66.80 | 66.80 |
| 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) | |||
| a Interdict only | |||
| i each person at a different address | 115.85 | 115.85 | 115.85 |
| ii each additional person at the same address | 25.50 | 25.50 | 25.50 |
| b Interdict and service | |||
| i each person at a different address | 131.50 | 131.50 | 131.50 |
| ii each additional person at the same address | 41.10 | 41.10 | 41.10 |
| c Interdict, service and inhibition | |||
| i each person at a different address | 157.05 | 157.05 | 157.05 |
| ii each additional person at the same address | 66.80 | 66.80 | 66.80 |
| 4. | |||
| Attachments | |||
| a Serving notice of entry | 8.75 | 8.75 | 8.75 |
| b Arranging attachment and endeavouring but being unable to execute same for whatever reason | 65.60 | 65.60 | 65.60 |
| c Arranging and executing attachment where appraised value is– | |||
| i £541 or under | 76.80 | 76.80 | 76.80 |
| ii over £541 and up to £2,171 | 119.05 | 119.05 | 119.05 |
| iii over £2,171 and up to £21,869 – 10% of the appraised value | |||
| iv over £21,869 and up to £109,334 – 10% of the first £21,869, 5% thereafter | |||
| v over £109,334 – 10% of the first £21,869, 5% thereafter up to £109,334 and 1% thereafter | |||
| d Reporting attachment | 7.35 | 7.35 | 7.35 |
| 5. | |||
| Attachment of motor vehicle, heavy plant or machinery | |||
| a Arranging and executing attachment where appraised value is– | |||
| i £541 or under | 76.80 | 76.80 | 76.80 |
| ii over £541 and up to £2,402 | 119.05 | 119.05 | 119.05 |
| iii over £2,402 and up to £109,334 –5% of the appraised value | |||
| iv over £109,334 – 5% of the first £109,334 and 1% thereafter | |||
| b Reporting attachment | 7.35 | 7.35 | 7.35 |
| 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 same for whatever reason | 62.65 | 62.65 | 62.65 |
| b Arranging and effecting sequestration or poinding of the ground | 115.85 | 115.85 | 115.85 |
| 7. | |||
| Auctions | |||
| a i Arranging auction, preparing advertisement and giving public notice | 19.00 | 19.00 | 19.00 |
| ii 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 | |||
| b i Officer and witness attending auction and being unable to execute same for whatever reason | 62.65 | 62.65 | 62.65 |
| ii Officer and witness attending auction sale | 115.85 | 115.85 | 115.85 |
| 8. | |||
| Ejections | |||
| a Arranging ejection | 62.65 | 62.65 | 62.65 |
| b Arranging and executing ejection | 97.35 | 97.35 | 97.35 |
| 9. | |||
| Taking possession of effects | |||
| a Arranging possession | 62.65 | 62.65 | 62.65 |
| b Arranging and effecting possession | 115.85 | 115.85 | 115.85 |
| 10. | |||
| Apprehensions | |||
| a Arranging apprehension | 62.65 | 62.65 | 62.65 |
| b Arranging and apprehending | 115.85 | 115.85 | 115.85 |
| 11. | |||
| Taking possession of children | |||
| a Arranging to take possession | 62.65 | 62.65 | 62.65 |
| b Taking possession of each child | 115.85 | 115.85 | 115.85 |
| 12. | |||
| Arresting vessels, aircraft and cargo | |||
| a Arranging to arrest | 62.65 | 62.65 | 62.65 |
| b arranging and effecting arrestment | 191.55 | 191.55 | 191.55 |
| 13. | |||
| Miscellaneous | |||
| a Making any report or application under the Act of 1987 or the Act of 2002 with the exception of reporting an attachment | 14.50 | 14.50 | 14.50 |
| b Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 | 7.35 | 7.35 | 7.35 |
| c Arranging locksmith or tradesman to be in attendance | 4.70 | 4.70 | 4.70 |
| 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 | 14.50 | 14.50 | 14.50 |
| e Executing warrant to open lockfast places | 14.50 | 14.50 | 14.50 |
| f Time | |||
| i with witness – £23.30 per unit | |||
| ii without witness – £17.40 per unit | |||
| g Photocopies | |||
| i first page of document – £1.65 | |||
| ii subsequent pages – per page – £0.85 |
Signed
Cullen of Whitekirk — Lord President I.P.D. — 10th November 2005
Explanatory note
(This note is not part of the Act of Sederunt)
The Lords of Council and Session amend the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers at Arms) (No. 2) 2002, by increasing the fees payable to messengers at arms by 3.45% with effect from 1st January 2006.
Footnotes
[^f00001]: 1926 c. 16.
[^f00002]: 1988 c. 36.
[^f00003]: S.S.I. 2002/566, amended by S.S.I. 2003/536 and S.S.I. 2004/515.
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