The Court of Session has made a further Act of Sederunt to correct drafting errors in Scotland's new fees regime for messengers-at-arms and sheriff officers. According to Scottish Statutory Instrument 2026/252 on legislation.gov.uk, the instrument was made on 3 September 2026, laid before the Scottish Parliament on 4 September 2026 and comes into force on 25 September 2026. The amendment is formally titled the Act of Sederunt (Fees of Messengers-at-Arms and Sheriff Officers) (Amendment) 2026. It sits alongside the earlier 2026 fees instrument and, as the explanatory note states, its purpose is to correct drafting errors in that earlier text.
The legal authority is drawn from sections 103 to 106 of the Courts Reform (Scotland) Act 2014 and related enabling powers. That places the change within Scotland's delegated court rule-making structure rather than primary legislation. For policy watchers, the main point is that this is a corrective instrument, not a fresh policy change on court officer fees. The Court of Session is refining the wording of the existing regime so that charging provisions can be applied more cleanly once the 2026 fees order is in routine use.
Several of the changes are narrow but still worth tracking. In the interpretation paragraph, the definition of first class recorded delivery post is adjusted so that the first reference to 'post' becomes 'service'. In paragraph 7 on calculation of fees, the opening words 'Subject to this Chapter,' are removed. Viewed together, those edits are housekeeping corrections. Even small drafting defects can create uncertainty when statutory fee provisions are lifted directly into accounts, recovery schedules or internal guidance.
The amendment also changes paragraph 9(1) on surcharges. The earlier text referred to 'a sheriff officer'; the new wording refers instead to 'an officer of court'. That is a modest textual shift, but it matters because it aligns the surcharge provision with the wider class of court officers covered by the instrument. Where fee rules use the wrong category, arguments can follow over whether a charge was competently applied.
A further repair is made to paragraph 15 on charging by time. The instrument replaces 'messengers-at-arms' with the singular 'a messenger-at-arms' in sub-paragraph (4), and it removes wording that had made the provision subject only to paragraphs 16 to 18. In its place, a new sub-paragraph states that sub-paragraphs (3) and (4) are subject to paragraphs 16 to 19. That brings the cross-reference into line so that the rule on realising of money attachment is expressly included alongside the provisions on ferry use and enquiries.
The final substantive correction is in paragraph 21(1) on value added tax. The earlier wording from 'supplies' to 'sub-paragraph (2)' is replaced with the clearer formulation that an officer 'makes a taxable supply to any other person'. For legal services businesses and paying parties, VAT wording is not a marginal issue. Clearer drafting helps reduce room for dispute over when VAT is added to a fee and how that amount is presented when expenses are claimed or checked.
The immediate effect is operational rather than political. From 25 September 2026, firms instructing messengers-at-arms or sheriff officers, officers preparing fee notes, and parties reviewing recoverable expenses may need to ensure that precedents, templates and billing references match the corrected text. The instrument is signed by the Lord President, Paul Cullen, and directs that a certified copy be inserted in the Books of Sederunt. Taken together, S.S.I. 2026/252 is a limited but useful corrective measure: it does not alter the overall fee regime, but it does remove drafting errors that could otherwise complicate day-to-day court and enforcement work.