- Latest available (Revised)
- Original (As enacted)
Debtors (Scotland) Act 1987, Section 80 is up to date with all changes known to be in force on or before 16 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Where the Court of Session becomes aware that a messenger-at-arms has been convicted by a court of any offence, it may make
[F1(a)] an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order, or deprived of office;
[F2(b)an order mentioned in paragraph (aa) or (c) of subsection (5) below.]
(2)Where the sheriff principal from whom a sheriff officer holds a commission becomes aware that the sheriff officer has been convicted by a court of any offence, the sheriff principal may make
[F3(a)] an order suspending the sheriff officer from practice for such period as may be specified in the order, or depriving him of office, in that sheriffdom;
[F4(b)an order in relation to the sheriff officer of a kind mentioned in paragraph (aa) or (c) of subsection (5) below.]
(3)Subsections (1) and (2) above are without prejudice to section 4(3)(b) of the M1Rehabilitation of Offenders Act 1974; and in those subsections “offence” means any offence of which the officer of court has been convicted before or after he was granted a commission as an officer of court, other than any offence disclosed in his application for such a commission.
[F5(3A)Where—
(a)a solicitor is appointed to investigate a matter in respect of a messenger-at-arms under section 79(2) of this Act; or
(b)the Court of Session becomes aware that a messenger-at-arms has been charged with an offence,
the Court of Session may make an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order or in an order extending such period.
(3B)Where—
(a)a solicitor is appointed to investigate a matter in respect of a sheriff officer under section 79(2) of this Act; or
(b)the sheriff principal from whom a sheriff officer holds a commission becomes aware that the sheriff officer has been charged with an offence,
the sheriff principal may make an order suspending the officer from practice for such period as may be specified in the order or in an order extending such period in that sheriffdom.]
(4)Where—
(a)a messenger-at-arms admits in writing that he is guilty of misconduct; or
(b)the Court of Session at the end of disciplinary proceedings under section 79(3)(a) of this Act is satisfied that a messenger-at-arms is guilty of misconduct,
the Court of Session may make one or more of the orders specified in subsection (5) below.
[F6(4A)Where the Court of Session at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a messenger-at-arms is founded, the Court of Session may make an order under paragraph (a) or (aa) of subsection (5) below.]
(5)The orders referred to in subsection (4) above are—
(a)an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order, or deprived of office;
[F7(aa)an order restricting—
(i)the functions which the messenger-at-arms may exercise; or
(ii)the activities which the messenger-at-arms may undertake,
for such period as may be specified in the order;]
(b)an order imposing a fine on the messenger-at-arms not exceeding £2,500 or such sum as may be prescribed in regulations made by the Lord Advocate;
(c)an order censuring the messenger-at-arms;
(d)if the misconduct consists of, or includes, the charging of excessive fees or outlays, an order decerning for repayment by the messenger-at-arms of the fees or outlays, to the extent that they were excessive, to the person who paid them.
(6)Where—
(a)a sheriff officer admits in writing that he is guilty of misconduct; or
(b)the sheriff principal at the end of disciplinary proceedings under section 79(3)(a) of this Act is satisfied that a sheriff officer is guilty of misconduct,
the sheriff principal may make one or more of the orders specified in subsection (7) below.
[F8(6A)Where the sheriff principal at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a sheriff officer is founded, the sheriff principal may make, in relation to the sheriff officer, an order—
(a)of a kind mentioned in paragraph (aa) of subsection (5) above; or
(b)under paragraph (a) of subsection (7) below.]
(7)The orders referred to in subsection (6) above are—
(a)an order suspending the sheriff officer from practice for such period as may be specified in the order, or depriving him of office, in that sheriffdom;
(b)an order in relation to the sheriff officer of a kind mentioned in [F9subsection (5)(aa), (b),] (c) or (d) above.
(8)Where an officer of court fails to comply with an order under this section imposing a fine on him, the Court of Session or, as the case may be, the sheriff principal may make an order—
(a)decerning for payment of the fine, and an extract of any such order shall contain a warrant in the form prescribed by Act of Sederunt which shall have the same effect as an extract of a decree for payment of money pronounced by the Court of Session; or
(b)of the kind specified in subsection (5)(a) or, as the case may be, (7)(a) above.
(9)Any fine imposed under this section shall be recoverable by the Lord Advocate.
Textual Amendments
F1S. 80(1)(a): words in s. 80(1) renumbered as s. 80(1)(a) (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(a)(i); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F2S. 80(1)(b) added (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(a)(ii); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F3S. 80(2)(a): words in s. 80(2) renumbered as s. 80(2)(a) (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(b)(i); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F4S. 80(2)(b) added (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(b)(ii); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F5S. 80(3A)(3B) inserted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(c); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F6S. 80(4A) inserted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(d); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F7S. 80(5)(aa) inserted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(e); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F8S. 80(6A) inserted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(f); S.S.I. 2011/30, art. 3(2)(3), sch. 2
F9Words in s. 80(7)(b) substituted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), sch. 4 para. 5(g); S.S.I. 2011/30, art. 3(2)(3), sch. 2
Marginal Citations
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: