Part I Constitution, Organisation and Administration
F2Consideration of fitness for, and removal from, shrieval office
14 Functions of Secretary of State with respect to number, residence and place of duties of sheriffs.
1
The Secretary of State may, with the approval of the Treasury, by order prescribe the number of sheriffs to be appointed for each sheriffdom.
2
The Secretary of State may require any sheriff to reside ordinarily at such place as the Secretary of State may specify.
3
The Secretary of State—
a
shall, on the appointment of a person to hold the office of sheriff for any sheriffdom,
b
may, at any subsequent time while the said person holds that office,
give to that person a direction designating the sheriff court district or districts in which he is to perform his duties as sheriff:
Provided that a direction given to a sheriff under this subsection shall be subject to any instruction given to that sheriff under section 15 of this Act by the sheriff principal of the sheriffdom, being an instruction given for the purpose of giving effect to any special provision made by the sheriff principal under section 16(1)(b) of this Act.
4
If for the purpose of securing the efficient organisation and administration of the sheriff courts, and after consultation with the Lord President of the Court of Session, the Secretary of State by order so directs, a person holding the office of sheriff for any sheriffdom shall, on such date as may be specified in the order, cease to hold that office and shall, on and after that date, without the necessity of his receiving a commission in that behalf, hold instead the office of sheriff for such other sheriffdom as may be so specified; and on making an order under this subsection with respect to any person the Secretary of State shall give to that person a direction under subsection (3) above designating the sheriff court district or districts in which he is to perform his duties as sheriff.
5
In this section “sheriff” does not include an honorary sheriff F1or a part-timesheriff.
Ss. 12A-12F and cross-heading substituted (20.2.2010 for the insertion of s. 12C(5) and 1.4.2010 otherwise) for s. 12 by Judiciary and Courts (Scotland) Act 2008 (asp 6), ss. 40, 76; S.S.I. 2010/39, art. 2, Sch. (with art. 3)