
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.
2 

(1) Subject to subparagraph (6), Schedule 1 to the Act of Sederunt (Fees of Messengers-at-Arms) (No. 2) 2002 is amended in accordance with the following subparagraphs.
(2) For General Regulation 3 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 Regulation 3 insert—“
3A. 
Where the value of an action is over £100,000 the fees specified in the Table of Fees at Item 1(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 Regulation 15, 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.”.
(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.
A.C. HAMILTON
Lord President
I.P.D.
Edinburgh
6th December 2011
SCHEDULE
Paragraph 2(5)


Item  £

1 
Service or intimation of a document 

(a) Service 

(i) each person at a different address 95.40

(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 18.85

(b) Postal service 27.15

(c) Postal diligence 41.35

2 
Inhibitions 

(a) Inhibitions only 

(i) each person at a different address 95.40

(ii) each additional person at the same address 30.70

(b) Inhibition and service 

(i) each person at a different address 113.90

(ii) each additional person at the same address 49.50

(c) Inhibition, service and interdict 

(i) each person at a different address 189.20

(ii) each additional person at the same address 80.45

3 
Interdicts (including non-harassment orders under the Protection from Harassment Act 1997)

(a) Interdict only 

(i) each person at a different address 139.45

(ii) each additional person at the same address 30.70

(b) Interdict and service 

(i) each person at a different address 158.40

(ii) each additional person at the same address 49.50

(c) Interdict, service and inhibition 

(i) each person at a different address 189.20

(ii) each additional person at the same address 80.45

4 
Attachments 

(a) Service notice of entry 10.55

(b) Arranging attachment and endeavouring but being unable to execute the same for whatever reason 79.00

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

(i) £651 or under 92.50

(ii) over £651 and up to £2,615 143.40

(iii) over £2,615 and up to £26,339 – 10% of the appraised value 

(iv) over £26,339 and up to £131,682 – 10% of the first £26,339, 5% thereafter 

(v) over £131,682 – 10% of the first £26,339, 5% thereafter up to £131,682 and 1% thereafter 

(d) Reporting attachment 8.80

5 
Attachment of motor vehicles, heavy plant or machinery 

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

(i) £651 or under 92.50

(ii) over £651 and up to £2,893 143.40

(iii) over £2,893 and up to £131,682 – 5% of the appraised value 

(iv) over £131,682 – 5% of the first £131,682 and 1% thereafter 

(b) Reporting attachment 8.80

6 
Money attachments under the Act of 2007 

(a) Arranging attachment and endeavouring but being unable to execute the same for whatever reason 79.00

(b) Arranging and executing attachment, including removal of attached money, where value of money is— 

(i) £651 or under 92.50

(ii) over £651 and up to £2,615 143.40

(iii) over £2,615 and up to £26,339 – 10% of the value 

(iv) over £26,339 and up to £131,682 – 10% of the first £26,339, 5% thereafter 

(v) over £131,682 – 10% of the first £26,339, 5% thereafter up to £131,682 and 1% thereafter 

(c) Reporting attachment 8.80

7 
Auctions 

(a) Arranging auction, preparing advertisement and giving public notice 22.90

(b) Serving copy of warrant 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 

(c) Officer and witness attending auction but auction not executed for whatever reason 75.50

(d) Officer and witness attending auction sale 139.45

8 
Ejections 

(a) Arranging ejection 75.50

(b) Arranging and executing ejection 117.20

9 
Taking possession of effects 

(a) Arranging possession 75.50

(b) Arranging and effecting possession 139.45

10 
Apprehensions 

(a) Arranging apprehension 75.50

(b) Arranging and apprehending 139.45

11 
Taking possession of children 

(a) Arranging to take possession 75.50

(b) Taking possession of each child 139.45

12 
Arresting vessels, aircraft and cargo 

(a) Arranging to arrest 75.50

(b) Arranging and effecting arrestment 230.70

13 
Miscellaneous 

(a) Making any report or application under the Act of 1987, the Act of 2002 or the Act of 2007 with the exception of reporting an attachment or a money attachment 17.50

(b) Granting any receipt required to be issued under the Act of 1987 or the Act of 2002 8.80

(c) Arranging locksmith or tradesman to be in attendance 5.60

(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 17.50

(e) Executing warrant to open lockfast places 17.50

(f) Time 

(i) with witness - £28.10 per unit 

(ii) without witness - £20.95 per unit 

(g) Photocopies 

(i) first page document - £1.95 

(ii) subsequent pages – per page £1.10 