Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991

Renewals of Policy

10.—(1) Each year every officer of court shall, within 30 days after the expiry of the current Policy, lodge, in accordance with the following paragraphs of this rule, a premium receipt from a company approved under rule 9(2)(b) above stating that he is covered by a Policy in accordance with rule 9 above.

(2) There shall be sent to the sheriff principal of the sheriffdom in which the first current commission of the officer of court as a sheriff officer was granted–

(a) the premium receipt referred to in paragraph (1) above; and

(b) such further evidence as the sheriff principal may require that the Policy in respect of which the premium receipt was issued is in force and applies to the sheriff officer.

(3) On being satisfied as to the premium receipt and any further evidence sent to him under paragraph (2) above, the sheriff principal shall cause the premium receipt to be lodged with the regional sheriff clerk who shall issue to the officer of court a letter of receipt of such premium receipt and such copy letters of receipt as may reasonably be required by the officer of court.

(4) Where an officer of court holds a commission as a sheriff officer in more than one sheriffdom, he shall send to the sheriff principal of every sheriffdom in which he holds a commission (other than the first current commission)–

(a) a copy letter of receipt of such a premium receipt issued by the regional sheriff clerk; and

(b) such further evidence as the sheriff principal may require that the Policy in respect of which the premium receipt was issued is in force and applies to the commission of the sheriff officer in his sheriffdom.

(5) Where an officer of court is also a messenger-at-arms, he shall send to the Lyon Clerk–

(a) a copy letter of receipt of such a premium receipt issued by the regional sheriff clerk in respect of his commission as a sheriff officer; and

(b) such further evidence as the Lord Lyon may require that the Policy in respect of which the premium receipt was issued is in force and applies to the commission of the officer of court as a messenger-at-arms.

(6) Where an officer of court fails to lodge a premium receipt under paragraph (1) above–

(a) in respect of any commission as a sheriff officer, the sheriff principal may suspend the officer of court from practice as a sheriff officer; and

(b) where applicable, in respect of his commission as a messenger-at-arms, a Lord Ordinary may, following a report sent to the Deputy Principal Clerk of Session by the Lyon Clerk, suspend the officer of court from practice as a messenger-at-arms.

(7) Where an officer of court has been suspended under paragraph (6) above, and sub-sequently lodges a premium receipt under paragraph (1) above, the sheriff principal and, where applicable, in respect of his commission as a messenger-at-arms a Lord Ordinary may recall his suspension.