Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1988

Official functions

16.—(1) Without prejudice to any functions under any other enactment, an officer of court may—

(a) subject to paragraph (2) of this rule, collect any debt constituted by decree or recoverable by summary warrant;

(b) execute diligence; or

(c) execute a citation or serve any document required under any legal process, in any place in respect of which he holds a commission as an officer of court.

(2) A debt constituted by decree or recoverable by summary warrant may be collected—

(a) in the case of a decree or summary warrant of the sheriff court, by a sheriff officer; or

(b) in the case of a decree or summary warrant of the Court of Session, by a messenger-at-arms.

(3) A person who holds a commission as a sheriff officer may practice as a sheriff officer only in the sheriffdom or district of a sheriffdom in respect of which he has been granted a commission under rule 8(5) above.

(4) An officer of court may refuse to execute a citation, serve any document required under any legal process or execute diligence where—

(a) the prescribed, or reasonable, expenses have not been tendered to him or secured by or on behalf of the person instructing him;

(b) it is not reasonably practicable for him to carry out his instructions and this has been intimated forthwith on receipt of the instructions to the person instructing him.

(5) An officer of court may not—

(a) form a private or public company within the meaning of the Companies Act 1985(1)for the purpose of exercising any of his official functions; or

(b) exercise any official functions as an employee of a private or public company within the meaning of the Companies Act 1985.

(1)

1985 c. 6