Law Reform (Miscellaneous Provisions) (Scotland) Act 1985

47 Transfer of sheriff clerks and procurators fiscal

In section 1 of the [1927 c. 35.] Sheriff Clerks and Legal Officers (Scotland) Act 1927 (appointment of sheriff clerk and procurator fiscal)—

(a) in subsection (3), after the words " foregoing subsections " there shall be inserted the words " but subject to subsections (4) and (5) below "; and

(b) after subsection (3) there shall be added the following subsections—

“((4)) The right vested—

(a) in the Secretary of State under subsection 1above shall include the right to transfer the sheriff clerk of one sheriff court district to an office, whether of sheriff clerk or (however styled) of sheriff clerk depute, in another sheriff court district;

(b) in the Lord Advocate under subsection (2) above shall include the right to transfer the procurator fiscal of one district to an office, whether of procurator fiscal or (however styled) of procurator fiscal depute, in another district,

where in the opinion of the Secretary of State or, as the case may be, of the Lord Advocate the transfer is for the purpose of securing efficient organisation and administration.

(5) It is hereby declared that, for the purposes of subsection (3) above, a transfer under subsection (4) above is not a removal from office.”.