Article 25 Disciplinary proceedings against sheriff officers

(1)

Disciplinary proceedings under section 79(3)(a) of the Act of 1987 against a sheriff officer shall be by initial writ in a summary application, to the sheriff principal who appointed the solicitor under section 79(2) of the Act of 1987 to investigate, in which the sheriff officer complained against shall be made the respondent.

(2)

An application under paragraph (1) of this rule shall include—

(a)

averments specifying—

(i)

the alleged misconduct;

(ii)

the facts established by the investigation under section 79(2) of the Act of 1987 alleged to be the probable cause of misconduct; and

(b)

a crave seeking the sheriff principal to order—

(i)

service of the application on the respondent;

(ii)

the respondent to lodge defences within 14 days from the date of service;

(iii)

intimation of the application to the Lord Advocate;

(iv)

a date for a hearing for further procedure; and

(v)

in the event of the respondent being found guilty of misconduct, such order under section 80(7) of the Act of 1987, if any, as the court shall think proper.

(3)

When making the first order for service and intimation, the sheriff principal shall fix the date for the hearing for further procedure; and the applicant shall intimate that date to the respondent and the Lord Advocate.