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Act of Sederunt (Fees of Messengers-at-Arms) 1994

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15.  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 form or other ancillary document.

TABLE OF FEES

ItemBand 1Band 2Band 3
£££

1.  Service or intimation of a document

(a)Service

(i)each person at a different address

31.5053.4067.40

(ii)each additional person at the same address or additional copy required to be served or intimated under the Act of 1987

10.5010.5010.50

(b)Postal service

15.4515.4515.45

(c)Postal diligence

23.3023.3023.30

2.  Inhibitions

(a)Inhibition only

(i)each person at a different address

33.1053.4067.35

(ii)each additional person at the same address

17.1517.1517.15

(b)Inhibition and service

(i)each person at a different address

43.5563.8578.10

(ii)each additional person at the same address

27.7027.7027.70

(c)Inhibition, service and interdict

(i)each person at a different address

105.80105.80105.80

(ii)each additional person at the same address

44.9044.9044.90

3.  Interdicts

(a)Interdict only

(i)each person at a different address

78.1078.1078.10

(ii)each additional person at the same address

17.1517.1517.15

(b)Interdict and service

(i)each person at a different address

88.6088.6088.60

(ii)each additional person at the same address

27.7027.7027.70

(c)Interdict, service and inhibition

(i)each person at a different address

105.80105.80105.80

(ii)each additional person at the same address

44.9044.9044.90

4.  Poindings

(a)Serving notice of entry

5.855.855.85

(b)Arranging poinding and endeavouring but being unable to execute same for whatever reason

44.2544.2544.25

(c)Arranging and executing poinding where appraised value is—

(i)£364 or under

51.8051.8051.80

(ii)Over £364 and up to £1,464

80.2080.2080.20

(iii)Over £1,464 and up to £14,742—10% of the appraised value only

(iv)Over £14,742 and up to £73,702—10% of the first £14,742, 5% thereafter up to £73,702 of the appraised value

(v)Over £73,702—10% of the first £14,742, 5% thereafter up to £73,702 and 1% of the appraised value over £73,702

(d)Reporting poinding

5.005.005.00

5.  Poindings of motor vehicles, heavy plant or machinery

(a)Arranging and executing poinding where appraised value is—

(i)£364 or under

51.8051.8051.80

(ii)Over £364 and up to £1,619

80.2080.2080.20

(iii)Over £1,619 and up to £73,702—5% of the appraised value only

(iv)Over £73,702—5% of the first £73,702 and 1% thereafter of the appraised value

(b)Reporting poinding

5.005.005.00

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

42.2542.2542.25

(b)Arranging and effecting sequestration or poinding of the ground

78.1078.1078.10

7.  Sales

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

9.809.809.80

(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

12.7512.7512.75

(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

22.2537.6047.55

(d)(i)Attending warrant sale with witness and being unable to execute same for whatever reason

42.2542.2542.25

(ii)Conducting warrant sale with witness where the appraised value is—

£364 or under49.7549.7549.75
Over £36478.1078.1078.10

8.  Ejections

(a)Arranging ejection

42.2542.2542.25

(b)Arranging and executing ejection

65.6565.6565.65

9.  Taking possession of effects

(a)Arranging possession

42.2542.2542.25

(b)Arranging and effecting possession

78.1078.1078.10

10.  Apprehensions

(a)Arranging apprehension

42.2542.2542.25

(b)Arranging and apprehending

78.1078.1078.10

11.  Taking possession of children

(a)Arranging to take possession

42.2542.2542.25

(b)Taking possession of each child

78.1078.1078.10

12.  Arresting vessels, aircraft and cargo

(a)Arranging to arrest

42.2542.2542.25

(b)Arranging and effecting arrestment

129.15129.15129.15

13.  Miscellaneous

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

9.759.759.75

(b)Granting any receipt required to be issued under the Act of 1987

5.005.005.00

(c)Arranging locksmith or tradesman to be in attendance

3.153.153.15

(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

9.759.759.75

(e)Executing warrant to open lockfast places

9.759.759.75

(f)Time

(i)with witness—£15.65 per unit

(ii)without witness—£11.70 per unit

(g)Photocopies

(i)first sheet of document—£1.05

(ii)subsequent sheets—£0.50

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