Act of Sederunt (Fees of Messengers-at-Arms) 1998

Made: 22nd October 1998

Coming into force: 1st January 1999

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 1926¹ section 5 of the Court of Session Act 1988² 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) 1998 and shall come into force on 1st January 1999.

• (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) 1994³ 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.

SCHEDULE — TABLE OF FEES

Service or intimation of a document

1

• (a) Service

• (i) each person at a different address

Inhibitions

2

• (a) Inhibition only

• (i) each person at a different address

Interdicts

3

• (a) Interdict only

• (i) each person at a different address

Poindings

4

• (a) Serving notice of entry

Poindings of motor vehicles, heavy plant or machinery

5

• (a) Arranging and executing poinding where appraised value is–

• (i) £431 or under

Sequestrations for rent, poinding of ground

6

• (a) Arranging for the sequestration or poinding of the ground and endeavouring, but being unable, to execute it for whatever reason

Sales

7

• (a)

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

Ejections

8

• (a) Arranging ejection

Taking possession of effects

9

• (a) Arranging possession

Apprehensions

10

• (a) Arranging apprehension

Taking possession of children

11

• (a) Arranging to take possession

Arresting vessels, aircraft and cargo

12

• (a) Arranging to arrest

Miscellaneous

13

• (a) Making any report or application under the Act of 1987 with the exception of reporting a poinding

Signed

Rodger of Earlsferry — Lord President I.P.D. — 22nd October 1998

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 4.1%.

The last increase was in the Act of Sederunt (Fees of Messengers-at-Arms) 1997 (S.I. 1997/2825).

Footnotes