# The Officers of Court’s Professional Association (Scotland) Regulations 2011, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations provide for the designation of the Society of Messengers-at-Arms and Sheriff Officers (“the Society”) as the professional association for the regime for supervising officers of court (messengers-at-arms and sheriff officers) (“officers”) under Part 5 of the Debtors (Scotland) Act 1987 (“the 1987 Act”) and Part 3 of the Bankruptcy and Diligence etc. (Scotland) Act 2007.
Regulation 4 makes provision for the functions of the association.
Regulation 5 requires the constitution of the association to make provision for elections and meetings and related matters. The constitution must include provision that the Society may not remove an officer, which will instead be done by the disciplinary authorities of a judge or the sheriff principal under Part 5 of the 1987 Act, and must also include provision for compulsory professional development (regulations 6 and 7). The constitution has effect when approved by a resolution of a majority of its members present in person or by proxy at an extraordinary general meeting (regulation 8).
Regulation 9(1) and (2) makes provision for the constitution of the association to be the constitution of the Society from its designation until the new constitution has effect. The Society is designated only until 30th September 2011 unless it makes provision for a new constitution before that date (regulation 9(3) and (4)).
Regulation 10 requires officers to provide information to the Society on request.
Regulation 11 puts in place transitional arrangements for all current officers to be members of the Society and restricts those officers’ liability for fees of the Society for the 2011 calendar year to the balance due after the coming into force of these Regulations.
Messengers-at-arms and sheriff officers are also regulated by rules of court, in particular by the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991 (S.I. 1991/1397).

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Source: https://www.legislation.gov.uk/ssi/2011/90/note (the official version)
Page: https://openlegislation.uk/officers-of-courts-professional-association-scotland-regulations-2011/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.