Act of Sederunt (Fees of Messengers-at-Arms) (Amendment) (No. 2) 2012

Made: 10th December 2012

Laid before the Scottish Parliament: 12th December 2012

Coming into force: 28th January 2013

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], section75 of the Debtors (Scotland) Act 1987[^f00003] 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) (Amendment) (No.2) 2012 and comes into force on 28th January 2013.

• (2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of fees

2

• (1) Subject to subparagraph(2) below, for the Table of Fees in Schedule1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002[^f00004] substitute the Table of Fees in the Schedule to this Act of Sederunt.

• (2) Subparagraph(1) shall apply only to work carried out by a messenger-at-arms on or after 28th January 2013 but shall not affect the fees payable as respects any work so carried out before that date.

Revocation

3

The Act of Sederunt (Fees of Messengers-at-Arms) (EC Service Regulation) 2008[^f00005] is revoked.

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)

4

Attachments

5

Attachment of motor vehicles, heavy plant or machinery

6

Money attachments under the Act of 2007

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

BRIAN GILL — Lord President — I.P.D. — 10th December 2012

Explanatory note

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

EXPLANATORY NOTE

This Act of Sederunt amends the Table of Fees in Schedule1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002, by increasing the fees payable to messengers-at-arms by 2.45% with effect from 28thJanuary 2013. The Act of Sederunt also incorporates the fee payable to messengers-at-arms in respect of service of documents under EC Service Regulations (Regulation (EC) No. 1348/2000). This fee was previously contained in a separate instrument, S.S.I. 2008/366, which is revoked by this Act of Sederunt.

Footnotes

[^f00001]: 1926 c.16.

[^f00002]: 1988 c.36. Section5 was amended by the Civil Evidence (Scotland) Act 1988 (c.32), section2(3); the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40), Schedule9; the Children (Scotland) Act 1995 (c.36), Schedule4, paragraph45; the Vulnerable Witnesses (Scotland) Act 2004 (asp3), section14(1); the Judiciary and Courts (Scotland) Act 2008 (asp6), section46(3) and the Legal Services (Scotland) Act 2010 (asp16).

[^f00003]: 1987 c.18. Section75 was amended by the Public Services Reform (Scotland) Act 2012 (asp8), Schedule4.

[^f00004]: S.S.I. 2002/566, amended by S.S.I. 2003/536, 2004/515, 2005/582, 2006/540, 2007/532, 2008/430, 2011/48 and 2011/431.

[^f00005]: S.S.I. 2008/366.