OpenLegislation

Article 28 Suspension under particular rules

Original text. Later amendments are not shown.

(1)

Where the sheriff principal suspends an officer of court from practice as a sheriff officer under rule 10(6)(a), 11(7)(a) or 13(7)(a) above, he shall cause intimation to be made–

(a)

to every other sheriff principal from whom the sheriff officer holds a commission as a sheriff officer; and

(b)

where the sheriff officer is also a messenger-at-arms, to the Deputy Principal Clerk of Session and the Lord Lyon.

(2)

Where the Court of Session suspends an officer of court from practice as a messenger-at-arms under rule 10(6)(b), 11(7)(b) or 13(7)(b) above, it shall cause intimation to be made to the Lord Lyon, who shall cause intimation thereof to be made to every sheriff principal from whom the officer of court holds commission as a sheriff officer.

(3)

Where a sheriff principal receives intimation under paragraph (1)(a) or (2) above, he may suspend the officer of court from practice as a sheriff officer.

(4)

Where the Deputy Principal Clerk of Session receives intimation under paragraph (1)(b) above, he shall place the intimation before a Lord Ordinary, who may suspend the officer of court from practice as a messenger-at-arms.

(5)

Where, after an officer of court has been suspended under rule 10(6), 11(7) or 13(7) above, that officer of court subsequently lodges the premium receipt, Policy or certificate, as the case may be, the regional sheriff clerk of the sheriffdom in which the officer of court’s first current commission as a sheriff officer was granted shall intimate that fact to–

(a)

every other sheriff principal from whom the officer of court holds a commission as a sheriff officer; and

(b)

where the sheriff officer is also a messenger-at-arms, to the Deputy Principal Clerk of Session and the Lord Lyon,

and each sheriff principal and, where applicable, in respect of his commission as a messenger-at-arms, a Lord Ordinary, may recall his suspension.