Rule 3.1.9 Duties of a CommissionerF1

The Commissioner appointed by the sheriff shall, on executing the order–

(a)

give to the haver a copy of the notice in Form 11B;

(b)

explain to the haver–

(i)

the meaning and effect of the order; and

(ii)

that he may be entitled to claim that some or all of the listed items are confidential or privileged;

(c)

inform the haver of his right to seek legal advice F2and to ask the sheriff to vary or recall the order;

(d)

enter the premises and take all reasonable steps to fulfil the terms of the order;

(e)

where the order has authorised the recovery of any of the listed items, prepare an inventory of all the listed items to be recovered before recovering them; and

(f)

send any recovered listed items to the sheriff clerk to await the further order of the sheriff.

Annotations

Textual amendments

F1: Rules 3.1.3-3.1.12 inserted (20.11.2000) by Act of Sederunt (Summary Applications, Statutory Applications and Appeals etc. Rules) Amendment (No. 2) (Administration of Justice (Scotland) Act 1972) 2000 (S.S.I. 2000/387), paras. 1(1), 2(4)
F2: Words in rule 3.1.9(c) inserted (28.11.2011) by Act of Sederunt (Sheriff Court Rules) (Miscellaneous Amendments) (No. 3) 2011 (S.S.I. 2011/386), paras. 1(1), 6(2) (with para. 10)