# Act of Sederunt (Fees of Messengers-at-Arms) 2004

S.S.I. 2004/515 · made 29 November 2004

This Act of Sederunt amends the Schedule to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002 by increasing the fees payable to messengers-at-arms by 3.7% with effect from 1st January 2005. It also amends the general regulations set out in that Schedule so as to entitle messengers-at-arms to payment under those regulations in respect of postage.

Made under: 1926 c. 16 (Section 6); Court of Session Act 1988 (Section 5)

PDFs: Printed copy https://openlegislation.uk/act-of-sederunt-fees-of-messengers-at-arms-2004/pdf/ssi_20040515_en.pdf

## Introductory text

COURT OF SESSION
Made 29th November 2004
Coming into force 1st January 2005
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, section 5 of the Court of Session Act 1988 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:

## 1 Citation and commencement

(1) This Act of Sederunt may be cited as the Act of Sederunt (Fees of Messengers-at-Arms) 2004 and shall come into force on 1st January 2005.
(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

## 2 Amendment of fees and regulations

(1) Subject to sub-paragraph (3) 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) (No.2) 2002.
(2) Subject to sub-paragraph (3) below, regulation 5 of Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002 for “excluding postage, but including any recorded delivery costs exclusive of postage” there shall be substituted “including postage and any recorded delivery costs”.
(3) Sub-paragraphs (1) and (2) shall apply to work carried out by a messenger-at-arms on or after 1st January 2005 but shall not affect the fees payable as respects any work so carried out before that date.

## Signature

CULLEN OF WHITEKIRK
Lord President I.P.D.
Edinburgh
29th November 2004

## 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
45.10
76.55
96.65
(ii) each additional person at the same address or additional copy required to be served or intimated under the Act of 1987 and the Act of 2002
15.10
15.10
15.10
(b) Postal service
21.80
21.80
21.80
(c) Postal diligence
33.15
33.15
33.15
2. Inhibitions
(a) Inhibition only
(i) each person at a different address
47.50
76.55
96.65
(ii) each additional person at the same address
24.65
24.65
24.65
(b) Inhibition and service
(i) each person at a different address
62.55
91.45
112.00
(ii) each additional person at a the same address
39.75
39.75
39.75
(c) Inhibition, service and interdict
(i) each person at a different address
151.80
151.80
151.80
(ii) each additional person at the same address
64.55
64.55
64.55
3. Interdicts (including non-harassment orders under the Protection from Harassment Act 1997 and anti-social behaviour orders under the Crime and Disorder Act 1998)
(a) Interdict only
(i) each person at a different address
112.00
112.00
112.00
(ii) each additional person at the same address
24.65
24.65
24.65
(b) Interdict and service
(i) each person at a different address
127.10
127.10
127.10
(ii) each additional person at the same address
39.75
39.75
39.75
(c) Interdict, service and inhibition
(i) each person at a different address
151.80
151.80
151.80
(ii) each additional person at the same address
64.55
64.55
64.55
4. Attachments
(a) Serving notice of entry
8.45
8.45
8.45
(b) Arranging attachment and endeavouring but being unable to execute same for whatever reason
63.40
63.40
63.40
(c) Arranging and executing attachment where appraised value is–
(i) £523 or under
74.25
74.25
74.25
(ii) over £523 and up to £2,099
115.10
115.10
115.10
(iii) over £2,099 and up to £21,140 – 10% of the appraised value
(iv) over £21,140 and up to £105,688 – 10% of the first £21,140, 5% thereafter
(v) over £105,688 – 10% of the first £21,140, 5% thereafter up to £105,688 and 1% thereafter
(d) Reporting attachment
7.10
7.10
7.10
5. Attachment of motor vehicle, heavy plant or machinery
(a) Arranging and executing attachment where appraised value is–
(i) £523 or under
74.25
74.25
74.25
(ii) over £523 and up to £2,322
115.10
115.10
115.10
(iii) over £2,322 and up to £105,688 –5% of the appraised value
(iv) over £105,688 – 5% of the first £105,688 and 1% thereafter
(b) Reporting attachment
7.10
7.10
7.10
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
60.55
60.55
60.55
(b) Arranging and effecting sequestration or poinding of the ground
112.00
112.00
112.00
7. Auctions
(a) (i) Arranging auction, preparing advertisement and giving public notice
18.35
18.35
18.35
(ii) Serving copy of auction and intimating the place and date of auction and if necessary the date of removal of attached effects – as in item 1(a) or (b) above, as the case may be
(b) (i) Officer and witness attending auction and being unable to execute same for whatever reason
60.55
60.55
60.55
(ii) Officer and witness attending auction sale
112.00
112.00
112.00
8. Ejections
(a) Arranging ejection
60.55
60.55
60.55
(b) Arranging and executing ejection
94.10
94.10
94.10
9. Taking possession of effects
(a) Arranging possession
60.55
60.55
60.55
(b) Arranging and effecting possession
112.00
112.00
112.00
10. Apprehensions
(a) Arranging apprehension
60.55
60.55
60.55
(b) Arranging and apprehending
112.00
112.00
112.00
11. Taking possession of children
(a) Arranging to take possession
60.55
60.55
60.55
(b) Taking possession of each child
112.00
112.00
112.00
12. Arresting vessels, aircraft and cargo
(a) Arranging to arrest
60.55
60.55
60.55
(b) arranging and effecting arrestment
185.15
185.15
185.15
13. Miscellaneous
(a) Making any report or application under the Act of 1987 or the Act of 2002 with the exception of reporting an attachment
14.00
14.00
14.00
(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002
7.10
7.10
7.10
(c) Arranging locksmith or tradesman to be in attendance
4.55
4.55
4.55
(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
14.00
14.00
14.00
(e) Executing warrant to open lockfast places
14.00
14.00
14.00
(f) Time
(i) with witness – £22.50 per unit
(ii) without witness – £16.80 per unit
(g) Photocopies
(i) first page of document – £1.60
(ii) subsequent pages – per page – £0.80

## Explanatory note

(This note is not part of the Act of Sederunt)
This Act of Sederunt amends the Schedule to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002 by increasing the fees payable to messengers-at-arms by 3.7% with effect from 1st January 2005. It also amends the general regulations set out in that Schedule so as to entitle messengers-at-arms to payment under those regulations in respect of postage.

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Source: https://www.legislation.gov.uk/ssi/2004/515 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-fees-of-messengers-at-arms-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.