Sheriff Courts and Legal Officers (Scotland) Act 1927

7 Existing officers

(1) A sheriff clerk, procurator fiscal, sheriff clerk depute, procurator fiscal depute or clerk in the office of a sheriff clerk or procurator fiscal, holding office at the commencement of this Act (which officers are hereinafter in this section referred to as existing sheriff court officers) to whom this section applies shall, notwithstanding anything in any Act or in the terms of his appointment, hold his office (subject to the provisions hereinafter in this section contained) on the like terms and conditions as if he had been appointed by the Secretary of State or the Lord Advocate under this Act.

(2) No existing sheriff court officer shall for the purposes of the Superannuation Acts, 1834 to 1919, Be deemed to be employed in the Civil Service of the State unless he was less than fifty-five years of age on the first day of October, nineteen hundred and eighteen, and has been granted a certificate by the Civil Service Commissioners, and no account shall be taken for the purposes of superannuation of any service by such officer prior to the issue of the certificate, except and in so far as the Treasury may otherwise direct.

(3) An existing sheriff court officer to whom this section applies and who is not eligible for a superannuation allowance shall be deemed to be employed in a public department and shall be retired from his office on attaining the age of sixty-five years or on the commencement of this Act if he has attained such age prior thereto : Provided that the service of such officer may, with the consent of the Treasury, be extended by the Secretary of State or the Lord Advocate, as the case may be, for such period and on such conditions as he may direct.

(4) (a) Where an existing sheriff court officer to whom this section applies and who attained the age of fifty-five years on or before the first day of October, nineteen hundred and eighteen, is required, by reason only of his having attained any age, to retire from his employment, the Treasury may grant to him by way of compensation upon his retirement such gratuity in respect of any period during which he has been required to devote his whole time to the duties of his office, not exceeding twice the amount of the salary and emoluments received by him from any source whatsoever in respect of his office during his last year of service, as may seem to them just.

(b) In the case of an existing sheriff court officer to whom this section applies and who attained the age of fifty-five years on or before the first day of October, nineteen hundred and eighteen, the Treasury may, if in their opinion any special circumstances of the case warrant such a course, take account for the purpose of awarding a compassionate gratuity under section four of the [50 & 51 Vict. c. 67.] Superannuation Act, 1887, as amended by section three of the [4 & 5 Geo. 5. c. 86.] Superannuation Act, 1914, of service rendered prior to the commencement of this Act.

(c) The decision of the Treasury on any question which arises as to the application of this subsection to any person or as to the amount of any gratuity thereunder shall be final.

(5) Any remuneration received by any existing sheriff court officer from any source whatsoever in respect of his office during any period of which account may be taken for the purpose of this section shall, for the purpose of authorising the grant of an allowance or a gratuity under this section, be deemed to have been paid out of moneys provided by Parliament.

(6) This section applies to any existing sheriff court officer in whose case the Secretary of State if the officer is in the sheriff clerk service, and the Lord Advocate if the officer is in the procurator fiscal service, with in either case the consent of the Treasury, directs that it shall apply: Provided always that no such direction shall be given in the case of any sheriff clerk or procurator fiscal without his consent if he was appointed to his office prior to the first day of October, nineteen hundred and twenty, and any sheriff clerk or procurator fiscal in whose case no such direction is given shall continue to hold his office on the terms on which he held it at the commencement of this Act.

(7) An existing sheriff court officer whose consent is required to a direction under this section, or who is entitled to exercise any option with respect to retirement or to the conditions on which he shall hold his office after the commencement of this Act, shall be entitled to give such consent or exercise such option at any time within one year after the passing of this Act.