Act of Sederunt (Fees of Messengers-at-Arms) 1991

Statutory Instruments

1991 No. 291 (S.27)

COURT OF SESSION, SCOTLAND

Act of Sederunt (Fees of Messengers-at-Arms) 1991

Made

19th February 1991

Coming into force

25th March 1991

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 1926(1), section 5 of the Court of Session Act 1988(2) and of all other powers enabling them in that behalf, do hereby, with the consent of the Lord Lyon King of Arms, 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) 1991 and shall come into force on 25th March 1991.

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

Amendment of fees

2.—(1) Subject to the following paragraphs of this rule, for the Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990(3), substitute the Table of Fees in the Schedule to this Act of Sederunt.

(2) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990(3) as substituted by paragraph (1) above shall apply to work done on or after the date on which this Act of Sederunt comes into force.

(3) The Table of Fees in Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) 1990(3) having effect before the substitution under paragraph (1) above shall continue to have effect in respect of work done before the date on which this Act of Sederunt comes into force.

J.A.D. Hope

Lord President, IPD

Edinburgh

19th February 1991

Paragraph 2(1)

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	27.80	47.10	59.55
(ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987	9.25	9.25	9.25
(b) Postal service	13.90	13.90	13.90
(c) Postal diligence	20.85	20.85	20.85
2.  Inhibitions (a) Inhibition only (i) each person at a different address	29.20	47.10	59.50
(ii) each additional person at the same address	15.15	15.15	15.15
(b) Inhibition and service (i) each person at a different address	38.45	56.35	68.80
(ii) each additional person at the same address	24.45	24.45	24.45
(c) Inhibition, service and interdict (i) each person at a different address	93.40	93.40	93.40
(ii) each additional person at the same address	39.60	39.60	39.60
3.  Interdicts (a) Interdict only
(i) each person at a different address	68.95	68.95	68.95
(ii) each additional person at the same address	15.15	15.15	15.15
(b) Interdict and service (i) each person at a different address	78.25	78.25	78.25
(ii) each additional person at the same address	24.45	24.45	24.45
(c) Interdict, service and inhibition (i) each person at a different address	93.40	93.40	93.40
(ii) each additional person at the same address	39.60	39.60	39.60
4.  Poindings (a) Serving notice of entry	5.20	5.20	5.20
(b) Arranging poinding and endeavouring but being unable to execute same for whatever reason	39.05	39.05	39.05
(c) Arranging and executing poinding where appraised value is- (i) £340 or under	45.70	45.70	45.70
(ii) over £340 and up to £1,370	70.80	70.80	70.80
(iii) over £1,370 and up to £13,795—10% of the appraised value only (iv) over £13,795 and up to £68,970—10% of the first £13,795, 5% thereafter up to £68,970 of the appraised value (v) over £68,970—10% of the first £13,795, 5% thereafter up to £68,970 and 1% of the appraised value over £68,970
(d) Reporting poinding	4.40	4.40	4.40
5.  Poindings of motor vehicles, heavy plant or machinery (a) Arranging and executing poinding where appraised value is- (i) £340 or under	45.70	45.70	45.70
(ii) over £340 and up to £1,515	70.80	70.80	70.80
(iii) over £1,515 and up to £68,970—5% of the appraised value only
(iv) over £68,970—5% of the first £68,970 and 1% thereafter of the appraised value
(b) Reporting poinding	4.40	4.40	4.40
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	37.25	37.25	37.25
(b) Arranging and effecting sequestration or poinding of the ground	68.95	68.95	68.95
7.  Sales (a) (i) Application for warrant of sale or variation of a warrant of sale	8.70	8.70	8.70
(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	11.25	11.25	11.25
(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) Attending warrant sale alone conducted by auctioneer	19.60	33.20	42.00
(d) (i) Attending warrant sale with witness and being unable to execute same for whatever reason	37.25	37.25	37.25
(ii) Conducting warrant sale with witness where the appraised value is— £340 or under	43.90	43.90	43.90
over £340	68.95	68.95	68.95
8.  Ejections (a) Arranging ejection	37.25	37.25	37.25
(b) Arranging and executing ejection	57.95	57.95	57.95
9.  Taking possession of effects (a) Arranging possession	37.25	37.25	37.25
(b) Arranging and effecting possession	68.95	68.95	68.95
10.  Apprehensions (a) Arranging apprehension	37.25	37.25	37.25
(b) Arranging and apprehending	68.95	68.95	68.95
11.  Taking possession of children (a) Arranging to take possession	37.25	37.25	37.25
(b) Taking possession of each child	68.95	68.95	68.95
12.  Arresting vessels, aircraft and cargo (a) Arranging to arrest	37.25	37.25	37.25
(b) Arranging and effecting arrestment	114.00	114.00	114.00
13.  Miscellaneous (a) Making any report or application under the Act of 1987 with the exception of reporting a poinding	8.65	8.65	8.65
(b) Granting any receipt required to be issued under the Act of 1987	4.40	4.40	4.40
(c) Arranging locksmith or tradesman to be in attendance	2.80	2.80	2.80
(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	8.65	8.65	8.65
(e) Executing warrant to pen lockfast places	8.65	8.65	8.65
(f) Time (i) with witness-£13.80 per unit (ii) without witness-£10.35 per unit
(g) Photocopies (i) first copy-£0.90 (ii) subsequent copies, per sheet—0.45

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) 1990 by increasing the fees payable to Messengers-at-Arms by about 14%. The last increase was in the Act of Sederunt (Fees of Messengers-at-Arms) 1989 (S.I. 1989/1019).

(1)

1926 c. 16.

(2)

1988 c. 36.

(3)

S.I. 1900/379.