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

Disciplinary proceedings against messengers-at-arms

21.—(1) Disciplinary proceedings under section 79(3)(a) of the Act of 1987 against a messenger-at-arms shall be by petition presented to the Outer House of the Court of Session in which the messenger-at-arms complained against shall be made the respondent.

(2) Subject to the following provisions of this rule, rules 191 to 198 of the Rules of the Court of Session(1) shall apply to a petition under this rule.

(3) A petition under paragraph (1) above shall include–

(a) averments specifying–

(i) the alleged misconduct;

(ii) the facts established by the investigation under section 79(2) of the Act of 1987 alleged to be the probable cause of misconduct; and

(b) a prayer praying the Lords of Council and Session to order–

(i) service of the petition on the respondent;

(ii) the respondent to lodge answers within 21 days from the date of service;

(iii) intimation of the petition to the Lord Advocate;

(iv) a date for a hearing for further procedure; and

(v) in the event of the respondent being found guilty of misconduct, such order under section 80(5) of the Act of 1987, if any, as the court considers appropriate.

(4) When making the first order for service and intimation, the Lord Ordinary shall fix a date for a hearing for further procedure; and the petitioner shall intimate that date to the respondent and the Lord Advocate.

(1)

S.I. 1965/321; relevant amending instruments are S.I. 1978/799, 1986/514 and 1941, 1987/1206 and 2160 and 1990/705.