http://www.legislation.gov.uk/id/uksi/1991/1397

http://www.legislation.gov.uk/uksi/1991/1397/part/VII/made

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

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King's Printer of Acts of Parliament

2016-05-18

COURT OF SESSION, SCOTLAND

SHERIFF COURT, SCOTLAND

This Act of Sederunt revokes the Messengers-at-Arms and Sheriff Officers Rules 1988. It re-enacts these Rules with a number of amendments. In particular it–amends the definition of Lyon Clerk (rule 2(1));provides for a sheriff officer to make a further oath or declaration de fideli administratione officii on becoming a messenger-at-arms (rule 7(6));provides that a commission as a messenger-at-arms or sheriff officer ceases to have effect on the holder attaining the age of 70 years (rules 7(7), 8(12));provides that a certificate of examination passes shall be issued by the Society of Messengers-at-Arms and Sheriff Officers and not by its committee of examiners (rules 7(2)(c), 8(2)(d));provides for the bond of caution and policy of professional indemnity insurance in respect of an officer of court to be provided in the form of a single document (Part IV), and provides transitional provisions (rule 11 and Schedule 2);provides for suspension of an officer of court for failure to lodge a certificate by an accountant (rule 13(7));provides for intimation of suspension of an officer of court pending lodging of certain documents to other relevant persons and for suspension by them (rule 28).

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

rule 5A

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2013

rule 2(2)

rule 1(2)

AS (Messengers-at-Arms and Sheriff Officers Rules)

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

rule 6(4)

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2013

rule 2(3)

rule 1(2)

AS (Messengers-at-Arms and Sheriff Officers Rules)

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

rule 15(3)(f)-(i)

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2013

rule 2(5)

rule 1(2)

AS (Messengers-at-Arms and Sheriff Officers Rules)

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

rule 18A

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2013

rule 2(6)

rule 1(2)

AS (Messengers-at-Arms and Sheriff Officers Rules)

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

rule 8(2)(f) and word

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2017

para. 2(2)(a)(ii)

para. 1(2)

AS (Messengers-at-Arms and Sheriff Officers Rules)

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

Sch. 1 heading Form 3

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2017

para. 2(3)

para. 1(2)

AS (Messengers-at-Arms and Sheriff Officers Rules)

PART VIIREGISTERS OF OFFICERS OF COURT

Keeping of registers17

There shall be kept–

i

by the regional sheriff clerk in respect of every sheriff officer who holds a commission in the sheriffdom; and

ii

by the Lyon Clerk in respect of every messenger-at-arms,

a record book in which there shall be registered in respect of each officer of court–

a

the address of his principal, and any other, place of business or employment, his private address and any change of such address;

b

every commission held by him as an officer of court;

c

any extra-official activities carried on by him for remuneration, and any authorisation by a sheriff principal in respect of any such activity;

d

any interest disclosed by him under rule 16(2) or (3) above;

e

any suspension or deprivation of office and any recall of suspension or deprivation of office;

f

the date on which he ceased to practise where notice to that effect has been given;

g

the dates of his accounting year; and

h

the renewal date in each year of the Policy currently in force in respect of each commission held by him as an officer of court.

Intimation of information by officers of court for registers18

1

An officer of court shall intimate any change of his employment, business or private address within 21 days of such change–

a

to the regional sheriff clerk of each sheriffdom in which he holds a commission as a sheriff officer; and

b

in the case of a messenger-at-arms, to the Lyon Clerk.

2

An officer of court who engages in extra-official activities (whether an activity under rule 15(1) above or otherwise) shall intimate such activities and any authorisation and interests disclosed by him under rule 16(2) or (3) above–

a

to the regional sheriff clerk of each sheriffdom in which he holds a commission as a sheriff officer; and

b

in the case of a messenger-at-arms, to the Lyon Clerk.

3

An officer of court who intends to cease to practise as a sheriff officer shall, before the date on which he ceases to practise, give notice of the date on which he will cease to practise–

a

in the case of a sheriff officer, to the sheriff principal of each sheriffdom in which he holds a commission as a sheriff officer; and

b

in the case of a messenger-at-arms, to the Lyon Clerk.

4

An officer of court shall give notice of the dates of his accounting year and of the renewal date in each year of the Policy currently in force in respect of each commission held by him as an officer of court–

a

in the case of a sheriff officer, to the regional sheriff clerk of each sheriffdom in which he holds a commission as a sheriff officer; and

b

in the case of a messenger-at-arms, to the Lyon Clerk.