# The Public Services Reform (Scotland) Act 2010 (Commencement No. 3) Order 2011

S.S.I. 2011/30 · made 20 January 2011

This Order brings into force section 13 of, and schedule 4 to, the Public Services Reform (Scotland) Act 2010 (“the Act”) on the regulation of officers of court. Those provisions amend the Debtors (Scotland) Act 1987 (c.18) and the Bankruptcy and Diligence etc. (Scotland) Act 2007 to abolish the Scottish Civil Enforcement Commission and make other changes to the supervisory and regulatory structures for messengers-at-arms and sheriff officers.

Made under: Public Services Reform (Scotland) Act 2010 (Section 134)

PDFs: Printed copy https://openlegislation.uk/public-services-reform-scotland-act-2010-commencement-no-3-order-2011/pdf/ssi_20110030_en.pdf

## Introductory text

Court Of Session
Public Services Reform
Sheriff Court
Made 20th January 2011
The Scottish Ministers make the following Order in exercise of the powers conferred by section 134(7) of the Public Services Reform (Scotland) Act 2010.

## 1 Citation

This Order may be cited as the Public Services Reform (Scotland) Act 2010 (Commencement No. 3) Order 2011.

## 2 Interpretation

In this Order—
“the Act” means the Public Services Reform (Scotland) Act 2010; and
“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

## 3 Appointed days – regulation of officers of court

(1) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 1 (the subject matter of which is specified in column 2 of that table) is 31st January 2011.
(2) Subject to paragraph (3), the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Schedule 2 (the subject matter of which is specified in column 2 of that table) is 1st April 2011.
(3) Where a purpose is specified in column 3 of that table, a provision mentioned in column 1 comes into force in accordance with paragraph (1) only for that purpose.

## Signature

FERGUS EWING
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
20th January 2011

## Schedule 1 Provisions coming into force on 31st January 2011

Column 1
(provisions of the Act)
Column 2
(subject matter)
Column 3
(purpose)
Section 13
Regulation of officers of court
The purpose of amendments and repeals listed in this Schedule
In schedule 4—
paragraph 1
The purpose of amendments to the Debtors (Scotland) Act 1987 listed in this Schedule
paragraph 2
Amendment of power in section 75 of Debtors (Scotland) Act 1987 to make rules of court for the regulation, organisation and training, conduct and procedure of officers of court
paragraph 3
Amendment of section 76 of the Debtors (Scotland) Act 1987 (Advisory Council on Messengers-at-Arms and Sheriff Officers)
paragraph 8
Electronic admissions in writing
paragraph 9
The purpose of amendments to the 2007 Act listed in this Schedule
paragraph 10
Amendment of the title to Part 3 of the 2007 Act
paragraph 11
Amendment of section 51 of the 2007 Act to require annual report by the Advisory Council
paragraph 12
Amendment of section 53 of the 2007 Act (published information not to enable identification)
paragraph 13
Amendment of section 61 of the 2007 Act (regulation of officers of court)
paragraph 15
Amendment of section 63 of the 2007 Act (officer’s of court professional association)
paragraph 20
Amendment of section 66 of the 2007 Act (inspection of officers)
paragraph 21
Amendment of references to “judicial officer” in section 75 of the 2007 Act
paragraph 22
Amendment of section 77 of the 2007 Act (effect of code of practice)
paragraph 23
Repeal of words in section 78 of the 2007 Act
paragraphs 24 to 31
Amendment of references to “judicial officers” in section 75 of the 2007 Act to “officers of court”
paragraph 32
Minor correction
paragraph 33
Repeals

## Schedule 2 Provisions coming into force on 1st April 2011

Column 1
(provisions of the Act)
Column 2
(subject matter)
Column 3
(purpose)
Section 13
Regulation of officers of court
The purpose of the amendments listed in this Schedule
In schedule 4—
paragraph 1
The purpose of amendments to the Debtors (Scotland) Act 1987 listed in this Schedule
paragraphs 4 to 7
Amendment of sections 79 to 82 of the Debtors (Scotland) Act 1987 (misconduct, court’s powers and appeals)
paragraph 9
The purpose of amendments to the 2007 Act listed in this Schedule
paragraph 14
Amendment of section 62 of the 2007 Act (duty to notify of bankruptcy etc.)
paragraph 16
Insertion of section 63A of the 2007 Act (code of practice)
paragraph 17
Amendment of section 64 of the 2007 Act (duty of professional association to forward complaints)
paragraph 18
Amendment of section 65 of the 2007 Act (information from professional association)
paragraph 19
Insertion of section 65A of the 2007 Act (annual fee for officers of court)

## Explanatory note

(This note is not part of the Order)
This Order brings into force section 13 of, and schedule 4 to, the Public Services Reform (Scotland) Act 2010 (“the Act”) on the regulation of officers of court. Those provisions amend the Debtors (Scotland) Act 1987 (c.18) and the Bankruptcy and Diligence etc. (Scotland) Act 2007 to abolish the Scottish Civil Enforcement Commission and make other changes to the supervisory and regulatory structures for messengers-at-arms and sheriff officers.
The provisions are brought into force on 31st January 2011 and on 1st April 2011.
Sections 103, 109, 132, 133 and 134 of the Act came into force on Royal Assent.

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Source: https://www.legislation.gov.uk/ssi/2011/30 (the official version)
Page: https://openlegislation.uk/public-services-reform-scotland-act-2010-commencement-no-3-order-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

