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Part 3S[F1Officers of court]

Annotations:

Amendments (Textual)

[F2Officers of court's] professional associationS

Annotations:

Amendments (Textual)

F2Words in crossheading preceding s. 63 substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 15(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1

63[F3Officers of court's] professional associationS

(1)The Scottish Ministers, by regulations—

(a)must designate an association[F4(in this Part, the “professional association”)] as the professional association for [F5officers of court]; and

(b)may make provision in relation to the functions, constitution and procedures of the professional association.

[F6(1A)Regulations under subsection (1) may require an officer of court to provide such information as the professional association reasonably considers necessary.]

(2)The Scottish Ministers may not make regulations under subsection (1) above without first consulting—

[F7(a)the Lord President of the Court of Session;

(aa)each sheriff principal;]

(b)representatives of the professional association or, as the case may be, proposed professional association; and

(c)such other bodies or persons who appear to the Scottish Ministers to have an interest.

(3)A person may not hold a commission as [F8an officer of court] unless that person is a member of the professional association.

Annotations:

Amendments (Textual)

F7 S. 63(2)(a) (aa) substituted for s. 63(2)(a) (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8) , s. 134(7) , Sch. 4 para. 15(1)(c) ; S.S.I. 2011/30 , art. 3(1) (3) , Sch. 1

Commencement Information

I1 S. 63 not in force at Royal Assent see s. 227; s. 63(1)(2) in force for certain purposes at 1.4.2008 by S.S.I. 2008/115 , art. 3(4) , Sch. 3 (with arts. 4-6 , 10 )

I2 S. 63(1)(2) in force at 31.1.2011 for specified purposes by S.S.I. 2011/31 , art. 3(d)

I3S. 63(1)(2) in force at 1.4.2011 in so far as not already in force by S.S.I. 2011/31, art. 4

I4S. 63(3) in force at 1.4.2011 by S.S.I. 2011/31, art. 4

[F963ACode of practiceS

(1)The professional association—

(a)must prepare and publish a code of practice in relation to the functions of officers of court; and

(b)may prepare and publish such a code in relation to the undertaking of activities by such officers.

(2)The professional association may revise the whole or any part of a code published under this section.

(3)Where a code or any part of a code is revised under subsection (2), the professional association—

(a)in a case where the revision results in substantial changes, must publish the revised code;

(b)in any other case, may publish the revised code.

(4)The professional association must not publish a code of practice or a revised code of practice under this section without the prior approval of the Lord President of the Court of Session.

(5)The professional association must send a copy of each code of practice published under this section to—

(a)the Scottish Ministers;

(b)the Lord President of the Court of Session;

(c)each sheriff principal; and

(d)each officer of court.]

Annotations:

Amendments (Textual)

64Duty of professional association to forward complaints F10...S

Where the professional association receives a complaint about [F11an officer of court] or any services provided by the officer, the association must send details of the complaint and any material which accompanies it —

[F12(a)to the Lord President of the Court of Session;

(b)in the case of a complaint about a messenger-at-arms, to the sheriff principal from whom the messenger-at-arms holds a commission as a sheriff officer; and

(c)in the case of a complaint about a sheriff officer, to the sheriff principal from whom the sheriff officer holds a commission.]

65Information from professional associationS

The [F13Lord President of the Court of Session or any sheriff principal] may require the professional association to provide any information the [F14Lord President or, as the case may be, sheriff principal] considers necessary or proper for the purposes of—

(a)any inspection under section 66 of this Act;

(b)any investigation under section [F1579(2) of the 1987 Act]; or

[F16(c)any disciplinary proceedings brought under section 79(3) of that Act.]