17. In this Schedule, unless the context otherwise requires–
“the Act of 1987” means the Debtors (Scotland) Act 1987(1); “apprehension” means apprehending, detaining and taking to and from court or prison;
“arranging” means accepting instructions, checking for competency, reserving time, advising instructing agent, making all necessary arrangements, intimation and service (where necessary) prior to execution;
“possession” means searching, taking possession and delivery;
“postal diligence” means service of any diligence, which may be served by post, by registered post or the first class recorded delivery service;
“postal service” means service or intimation by registered post or the first class recorded delivery service;
“service” means service or intimation of any document under a rule of court or an order of the court and includes accepting instructions, preparation, postage and service or intimation of any ancillary or other ancillary document.
TABLE OF FEES
| Item | Summary cause | Ordinary cause | ||||
|---|---|---|---|---|---|---|
| Band 1 | Band 2 | Band 3 | Band 1 | Band 2 | Band 3 | |
1. Service or intimation of a document | ||||||
(a)Service | ||||||
(i)each person at a different address | 13.50 | 20.76 | 26.80 | 22.08 | 32.37 | 42.04 |
(ii)each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 | 4.50 | 4.50 | 4.50 | 7.36 | 7.36 | 7.36 |
(b)Postal service | 6.75 | 6.75 | 6.75 | 11.04 | 11.04 | 11.04 |
(c)Postal diligence | 10.13 | 10.13 | 10.13 | 16.56 | 16.56 | 16.56 |
2. Interdicts | ||||||
(a)Interdict only | ||||||
(i)each person at a different address | 60.50 | 60.50 | 60.50 | |||
(ii)each additional person at the same address | 13.31 | 13.31 | 13.31 | |||
(b)Interdict and service | ||||||
(i)each person at a different address | 67.86 | 67.86 | 67.86 | |||
(ii)each additional person at the same address | 20.67 | 20.67 | 20.67 | |||
3. Poindings | ||||||
(a)Serving notice of entry | 3.00 | 3.00 | 3.00 | 4.55 | 4.55 | 4.55 |
(b)Arranging poinding and endeavouring but being unable to execute same for whatever reason | 23.38 | 23.38 | 23.38 | 34.27 | 34.27 | 34.27 |
(c)Arranging and executing poinding where appraised value is– | ||||||
(i)£300 or under | 40.10 | 40.10 | 40.10 | 40.10 | 40.10 | 40.10 |
(ii)Over £300 and up to £1,200 | 62.10 | 62.10 | 62.10 | 62.10 | 62.10 | 62.10 |
(iii)Over £1,200 and up to £12,100—10% of the appraised value only (iv)Over £12,100 and up to £60,500—10% of the first £12,100, 5% thereafter up to £60,500 of the appraised value (v)Over £60,500—10% of the first £12,100, 5% thereafter up to £60,500 and 1% of the appraised value over £60,500 | ||||||
(d)Reporting poinding | 3.85 | 3.85 | 3.85 | 3.85 | 3.85 | 3.85 |
4. Poindings of motor vehicles, heavy plant or machinery | ||||||
(a)Arranging and executing poinding where appraised value is– | ||||||
(i)£300 or under | 40.10 | 40.10 | 40.10 | 40.10 | 40.10 | 40.10 |
(ii)Over £300 and up to £1,330 | 62.10 | 62.10 | 62.10 | 62.10 | 62.10 | 62.10 |
(iii)Over £1,330 and up to £65,500—5% of the appraised value only (iv)Over £60,500—5% of the first £60,500, and 1% thereafter of the appraised value | ||||||
(b)Reporting poinding | 3.85 | 3.85 | 3.85 | 3.85 | 3.85 | 3.85 |
5. Sequestrations for rent, poinding of ground | ||||||
(a)Arranging for the sequestration or poinding of the ground and endeavouring but being unable to execute same for whatever reason | 21.78 | 21.78 | 21.78 | 32.67 | 32.67 | 32.67 |
(b)Arranging and effecting sequestration where the appraised value is– (i)£300 or under | 38.50 | 38.50 | 38.50 | |||
(ii)Over £300 and up to £1,200 | 60.50 | 60.50 | 60.50 | |||
(iii)Over £1,200 as 3(c)(iii) above | ||||||
(c)Arranging and effecting ordinary sequestration or poinding of the ground | 60.50 | 60.50 | 60.50 | |||
(d)Service—as in item 1(a) or (b) above, as the case may be | ||||||
6. Sales | ||||||
(a)(i)Application for warrant of sale or variation of warrant of sale | 6.30 | 6.30 | 6.30 | 6.30 | 6.30 | 6.30 |
(ii)Intimating application—as in item 1(a) or (b) above, as the case may be | ||||||
(b)(i)Arranging warrant sale preparing advertisement and giving public notice | 9.85 | 9.85 | 9.85 | 9.85 | 9.85 | 9.85 |
(ii)Serving copy of warrant of sale and intimating the place and date of sale and if necessary the date of removal of poinded effects, as in item 1(a) or (b) above, as the case may be (c)Officer attending warrant sale conducted by auctioneer | 17.20 | 29.14 | 36.83 | 17.20 | 29.14 | 36.83 |
(d)(i)Officer and witness attending warrant sale and being unable to execute same for whatever reason | 21.78 | 21.78 | 21.78 | 32.67 | 32.67 | 32.67 |
(ii)Officer and witness conducting sale where the appraised value is £300 or under | 38.50 | 38.50 | 38.50 | 38.50 | 38.50 | 38.50 |
(iii)Over £300 | 60.50 | 60.50 | 60.50 | 60.50 | 60.50 | 60.50 |
7. Ejections | ||||||
(a)Arranging ejection | 21.78 | 21.78 | 21.78 | 32.67 | 32.67 | 32.67 |
(b)Arranging and executing ejection | 44.78 | 44.78 | 44.78 | 50.82 | 50.82 | 50.82 |
8. Talking possession of effects | ||||||
(a)Arranging possession | 21.78 | 21.78 | 21.78 | 32.67 | 32.67 | 32.67 |
(b)Arranging and effecting possession | 44.78 | 44.78 | 44.78 | 60.50 | 60.50 | 60.50 |
9. Apprehensions | ||||||
(a)Arranging apprehension | 32.67 | 32.67 | 32.67 | |||
(b)Arranging and apprehending | 60.50 | 60.50 | 60.50 | |||
10. Taking possession of children | ||||||
(a)Arranging to take possession | 32.67 | 32.67 | 32.67 | |||
(b)Arranging and taking possession of each child | 60.50 | 60.50 | 60.50 | |||
11. Arresting vessels, aircraft and cargo | ||||||
(a)Arranging to arrest | 21.78 | 21.78 | 21.78 | 32.67 | 32.67 | 32.67 |
(b)Arranging and effecting arrestment | 55.00 | 55.00 | 55.00 | 100.00 | 100.00 | 100.00 |
12. Miscellaneous | ||||||
(a)To making any report or application under the Act of 1987 with exception of reporting a poinding | 7.60 | 7.60 | 7.60 | 7.60 | 7.60 | 7.60 |
(b)To granting any receipt required to be issued under the Act of 1987 | 3.85 | 3.85 | 3.85 | 3.85 | 3.85 | 3.85 |
(c)To arranging locksmith or tradesman to be in attendance | 2.45 | 2.45 | 2.45 | 2.45 | 2.45 | 2.45 |
(d)To granting certificate of displenishment or providing any other certificate or report, registering any document or making any application to a court or the creditor | 7.60 | 7.60 | 7.60 | 7.60 | 7.60 | 7.60 |
(e)Executing warrant to open | 7.60 | 7.60 | 7.60 | 7.60 | 7.60 | 7.60 |
(f)Time | ||||||
(i)with witness—£12.10 per unit | ||||||
(ii)without witness—£9.08 per unit | ||||||
(g)Photocopies | ||||||
(i)first copy—£0.80 | ||||||
(ii)subsequent copies, per sheet—£0.40 | ||||||