Explanatory note

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

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–

(a)

amends the definition of Lyon Clerk (rule 2(1));

(b)

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));

(c)

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));

(d)

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));

(e)

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);

(f)

provides for suspension of an officer of court for failure to lodge a certificate by an accountant (rule 13(7));

(g)

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).