Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2011

Made: 6th December 2011

Laid before the Scottish Parliament: 8th December 2011

Coming into force: 23rd January 2012

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[^f00001], section 5 of the Court of Session Act 1988[^f00002] 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) (No.2) 2011 and comes into force on 23rd January 2012.

• (2) A certified copy of this Act of Sederunt is to be inserted in the Books of Sederunt.

Amendment of fees

2

• (1) Subject to subparagraph(6), Schedule1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002[^f00003] is amended in accordance with the following subparagraphs.

• (2) For General Regulation3 substitute—

(3) Fees in relation to service or intimation of a document, citation of a person or diligence which is executed in a remote rural area shall be surcharged by the levying of an additional fee of 30 per cent of the fee specified in the Table of Fees.

• (3) After General Regulation3 insert—

(3A) Where the value of an action is over £100,000 the fees specified in the Table of Fees at Item1(a), 2, 3(b), 3(c) and 12 shall be surcharged by the levying of an additional fee of 0.01 percent of the value of the action.

• (4) In General Regulation15, after the definition of “postal service” insert—

• “remote rural area” means a settlement with a population of less than 3,000 people, and with a drive time of over 30 minutes to a settlement with a population of 10,000 people or more[^f00004].

• (5) For the Table of Fees substitute the Table of Fees in the Schedule to this Act of Sederunt.

• (6) Subparagraphs(2) to (5) shall apply only to work carried out by a messenger-at-arms on or after 23rd January 2012 but shall not affect the fees payable as respects any work so carried out before that date.

SCHEDULE — TABLE OF FEES

1

Service or intimation of a document

2

Inhibitions

3

Interdicts (including non-harassment orders under the Protection from Harassment Act 1997)

4

Attachments

5

Attachment of motor vehicles, heavy plant or machinery

6

Money attachments under the Act of 2007

7

Auctions

8

Ejections

9

Taking possession of effects

10

Apprehensions

11

Taking possession of children

12

Arresting vessels, aircraft and cargo

13

Miscellaneous

Signed

A.C. HAMILTON — Lord President — I.P.D. — 6th December 2011

Explanatory note

(This note is not part of the Act of Sederunt)

EXPLANATORY NOTE

This Act of Sederunt amends Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No.2) 2002.

Paragraph2(2) amends the General Regulations in relation to the fees of messengers-at-arms in remote rural areas.

Paragraph 2(3) amends the General Regulations in relation to the fees of messenger-at-arms where the value of the action is over £100,000.

Paragraph 2(4) amends the General Regulations in relation to the definition of a remote rural area.

Paragraph 2(5) substitutes a new Table of Fees increasing the fees payable to messengers-at-arms by 3.8%.

The changes only apply to work carried out on or after 23rdJanuary 2012.

Footnotes

[^f00001]: 1926 c.16.

[^f00002]: 1988 c.36. Section5 was last amended by the Judiciary and Courts (Scotland) Act 2008 (asp6), section46(3).

[^f00003]: S.S.I. 2002/566, amended by S.S.I. 2003/536, 2004/515, 2005/582, 2006/540, 2007/532, 2008/430, 2009/383 and 2011/48.

[^f00004]: The definition of “remote rural area” comes from the Scottish Government Urban/Rural Classification 2009-2010, published by the Office of the Chief Statistician, August 2010.