Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2022

Made: 28th November 2022

Laid before the Scottish Parliament: 30th November 2022

Coming into force: 28th December 2022

The Court of Session makes this Act of Sederunt under the powers conferred by section75(1) of the Debtors (Scotland) Act 1987[^f00001] and all other powers enabling it to do so.

Citation and commencement, etc.

1

• (1) This Act of Sederunt may be cited as the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 2022.

• (2) It comes into force on 28th December 2022.

• (3) A certified copy is to be inserted in the Books of Sederunt.

Amendment of the Messengers-at-Arms and Sheriff Officers Rules 1991

2

• (1) The Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991[^f00002] is amended in accordance with this paragraph.

• (2) In rule 2(1) (interpretation)[^f00003] for the definition of “Policy” substitute—

• “Policy” means a policy of professional indemnity insurance referred to in rule 9(1)(b);

• (3) In rule 7(5) (applications for recommendation for commission as messenger-at-arms)[^f00004], omit “Subject to rule 11(10) below,”.

• (4) In rule 8(6) (application for commission as sheriff officer) omit “and rule 11(11)”.

• (5) In rule 9 (caution and professional indemnity insurance)[^f00005]—

• (a) in the heading, omit “Caution and”;

• (b) omit paragraph (1)(a);

• (c) in paragraph (2)—

• (i) for “The bond of caution and policy” substitute “A policy”;

• (ii) omit “shall be incorporated in a single document and”;

• (iii) omit sub-paragraph (b).

• (6) In rule 10(1) (renewals of policy)[^f00006] omit “from a person referred to in rule 9(2)(b) above”.

• (7) Omit rule 11 (transitional provisions)[^f00007] and schedule 2 (transitional provisions).

• (8) In rule 28 (suspension under particular rules)[^f00008]—

• (a) in paragraph (1), omit “, 11(7)(a)”;

• (b) in paragraph (2), omit “, 11(7)(b)”;

• (c) in paragraph (5), omit “, 11(7)”.

Revocation

3

The Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005[^f00009] is revoked.

Signed

CJM SUTHERLAND — Lord President — I.P.D. — 28th November 2022

Explanatory note

(This note is not part of the Act of Sederunt)

EXPLANATORY NOTE

This Act of Sederunt amends the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991. Paragraph 2 amends rule 9 by revoking the requirement for an officer of court (messenger-at-arms or sheriff officer) to be covered by a bond of caution, omits rule 11 and schedule 2 and makes related consequential amendments.

Paragraph3 revokes the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005.

Footnotes

[^f00001]: 1987 c. 18. Section 75 was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 4, paragraph2.

[^f00002]: S.I. 1991/1397, last amended by S.S.I. 2017/240.

[^f00003]: Rule 2(1) was amended by S.I. 1998/2636.

[^f00004]: Rule 7(5) was amended by S.I. 1998/2636.

[^f00005]: Rule 9(2)(b) was substituted by S.S.I. 2005/199.

[^f00006]: Rule 10(1) was amended by S.S.I. 2005/199.

[^f00007]: Rule 11 was amended by S.I. 1998/2636.

[^f00008]: Rule 28(5) was amended by S.I. 1998/2636.

[^f00009]: S.S.I. 2005/199.