# Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991, Article 24: Procedure in proceedings against sheriff officers


(1) This rule applies to an application under rule 23 above.
(2) Subject to the following provisions of this rule, the sheriff principal shall determine the procedure to be followed in such an application.
(3) Where the respondent fails to appear or to be represented at the hearing for further procedure, the sheriff principal may grant the crave of the application.
(4) Where a proof is fixed–
(a) the interlocutor allowing the proof shall be sufficient warrant for the citation of witnesses on not less than seven days' notice; and
(b) the parties may agree to dispense with the services of a shorthand writer.
(5) After a hearing on the question whether there was misconduct by the respondent, the sheriff principal may give his decision orally or make avizandum and issue his decision in writing at a later date.
(6) Where the sheriff principal pronounces an interlocutor under paragraph (3) or (5) above, or issues his decision in writing under paragraph (5), the clerk of court shall send a copy of the interlocutor or a copy of the decision, as the case may be, to the respondent.
(7) Where the respondent is found guilty of misconduct after a hearing to determine that matter, the court shall make no order under section 80(7) of the Act of 1987 without first giving the respondent an opportunity to be heard, or to make representations in writing, in mitigation.
(8) A hearing of an application under section 79(3)(a) of the Act of 1987 shall be held in public unless–
(a) the respondent requests that it be held in private; or
(b) the sheriff principal considers that it would be prejudicial to the interests of justice if the hearing were not held, in whole or in part, in private.
(9) Where–
(a) a fine is imposed on the respondent, the sheriff clerk shall intimate details of the fine to the Lord Advocate;
(b) an order is made for repayment under section 80(7)(b) of the Act of 1987, the clerk of court shall intimate the order to the person to whom repayment is to be made; and
(c) an order is made under section 80(2), (6) or (8)(b) or 81(3) of the Act of 1987, the clerk of court shall intimate the order to the company from which the Policy currently in force in respect of the respondent was obtained.
(10) The warrant attached to an extract of a decree for payment of a fine shall be in the following terms:– “and the Sheriff Principal grants warrant for all lawful execution hereon”.

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Source: https://www.legislation.gov.uk/uksi/1991/1397/article/24 (the official version)
Page: https://openlegislation.uk/act-of-sederunt-messengers-at-arms-and-sheriff-officers-rules-1991/article-24
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.