Bankruptcy and Diligence etc. (Scotland) Act 2007

60 Abolition of offices of messenger-at-arms and sheriff officer

(1) The offices of messenger-at-arms and sheriff officer are abolished.

(2) Any person who, immediately before the day on which this section comes into force, holds a commission as a messenger-at-arms or sheriff officer is deemed, from that day, to hold a commission as a judicial officer as if granted under section 57(2) of this Act.

(3) Notwithstanding subsection (1) above and subject to subsection (4) below, a judicial officer may carry out any function which, under any rule of law, it was competent for a messenger-at-arms or sheriff officer to carry out.

(4) Subsection (3) above applies only in so far as the function is not inconsistent with any provision of this Act or any other enactment.

(5) References in any enactment (other than the references in the enactments mentioned in subsection (6) below) to—

(a) a “messenger-at-arms”;

(b) a “sheriff officer”; and

(c) an “officer of court”,

are to be construed as references to a judicial officer.

(6) Those enactments are—

(a) section 18 of the Confirmation of Executors (Scotland) Act 1858 (c. 56) (power to make Acts of Sederunt for the purposes of the Act);

(b) section 13 of the Heritable Securities (Scotland) Act 1894 (c. 44) (trustees or others to have powers conferred by the Act where debtor incapacitated);

(c) section 18(1) of the Company Directors Disqualification Act 1986 (c. 46) (Secretary of State’s power to require particulars of disqualification orders or undertakings); and

(d) section 127(1) of the Criminal Procedure (Scotland) Act 1995 (c. 46) (Clerk of Justiciary to furnish forms etc. relating to appeals).