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

S.S.I. 2022/355 · Made 28 November 2022

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Court Of Session

Sheriff Court

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 section 75(1) of the Debtors (Scotland) Act 1987f1 and all other powers enabling it to do so.

Annotations to the whole text

Footnotes

f1

1987 c. 18. Section 75 was amended by the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 4, paragraph 2.

Contents

  1. 1Citation and commencement, etc.
  2. 2Amendment of the Messengers-at-Arms and Sheriff Officers Rules 1991
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation and commencement, etc.

(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.

2Amendment of the Messengers-at-Arms and Sheriff Officers Rules 1991

(1)

The Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991f1 is amended in accordance with this paragraph.

(2)

In rule 2(1) (interpretation)f2 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)f3, 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)f4—

(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)f5 omit “from a person referred to in rule 9(2)(b) above”.

(7)

Omit rule 11 (transitional provisions)f6 and schedule 2 (transitional provisions).

(8)

In rule 28 (suspension under particular rules)f7—

(a)

in paragraph (1), omit “, 11(7)(a)”;

(b)

in paragraph (2), omit “, 11(7)(b)”;

(c)

in paragraph (5), omit “, 11(7)”.

3Revocation

The Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005f1 is revoked.

Signature

CJM SUTHERLAND

Lord President

I.P.D.

Edinburgh

28th November 2022

Explanatory note

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

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.

Paragraph 3 revokes the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005.