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The Officers of Court’s Professional Association (Scotland) Regulations 2011

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Citation and commencement

1.  These Regulations may be cited as the Officers of Court’s Professional Association (Scotland) Regulations 2011 and come into force on 1st April 2011.

Interpretation

2.  In these Regulations—

“the 1987 Act” means the Debtors (Scotland) Act 1987(1); and

“the 2007 Act” means the Bankruptcy and Diligence etc. (Scotland) Act 2007.

Officers of court’s professional association

3.  The Society of Messengers-at-Arms and Sheriff Officers(2) (“the Society”) is designated as the professional association for officers of court in accordance with section 63 of the 2007 Act, subject to regulation 9(4).

Functions of the professional association

4.—(1) The functions of the professional association include the promotion of—

(a)the interests of the officer of court profession in Scotland; and

(b)the interests of the public in relation to that profession.

(2) In particular, those functions include—

(a)promoting for trainee officers of court a curriculum and standards of qualification;

(b)improving the training, education and professional status of officers of court (including compulsory continuous professional development);

(c)promoting strict adherence to—

(i)the duties owed by officers of court by virtue of exercising their legal powers; and

(ii)the scale of remuneration as may be fixed by Act of Sederunt or otherwise;

(d)maintaining the duty of officers of court to serve the public; and

(e)handling complaints about officers of court impartially and transparently.

(3) In carrying out its functions, the association has power to do anything which is calculated to further its functions or is conducive or incidental to doing so, including—

(a)promoting conferences, meetings, discussions and lectures; and providing information and assistance with the work of officers of court; and

(b)cooperating or associating with any kindred society.

(4) The other functions of the association are those conferred or imposed by or under Part 5 of the 1987 Act(3), Part 3 of the 2007 Act(4), these Regulations and rules of court.

Constitution of the professional association

5.—(1) The constitution of the professional association must make provision for—

(a)the constitution of, election to, and proceedings of the association (including voting rights and quorums);

(b)the meetings of the association;

(c)the appointment of officers and employees of the association; and

(d)the appointment of members of and the constitution of committees.

(2) The constitution may contain such other provisions with respect to the administration, management and proceedings of the association as are necessary or proper and which are consistent with the provisions of Part 5 of the 1987 Act, Part 3 of the 2007 Act, these Regulations and rules of court.

6.—(1) The constitution of the professional association may not make provision for removing messengers-at-arms or sheriff officers from membership of the association.

(2) The constitution of the professional association must contain provision so that when a messenger-at-arms or sheriff officer no longer holds a commission (on being deprived of office under section 80 of the 1987 Act(5) or otherwise) that person ceases to be a member of the professional association.

7.  The constitution of the professional association must contain provision for the administration and supervision by the association of compulsory continuous professional development by its members.

8.  The constitution of the professional association, and any amendments to be made to that constitution, have effect when approved by a resolution passed by a majority of the members of the association present in person or by proxy at an extraordinary general meeting of the association or at an adjournment of such a meeting.

Constitution – transitional provision

9.—(1) Subject to paragraph (2), the constitution of the Society as immediately before the coming into force of these Regulations shall have effect as the constitution of the professional association until the new constitution takes effect in accordance with paragraph (3).

(2) The constitution of the Society applies under paragraph (1)—

(a)only so far as consistent with the provisions of Part 5 of the 1987 Act, Part 3 of the 2007 Act and rules of court; and

(b)as if the provision required to be made by regulation 6 had been made.

(3) The professional association must prepare a new constitution to have effect before 30th September 2011.

(4) The designation of the Society ceases to have effect on 30th September 2011 unless the draft constitution has effect under regulation 8 before that date.

Provision of information by officers of court

10.—(1) Officers of court must provide such information as the professional association reasonably considers necessary.

(2) In particular, they must, within 20 working days of a written request, provide information in connection with—

(a)the investigation of any alleged misconduct by an officer of court under section 79(2) of the 1987 Act; and

(b)any disciplinary proceedings under section 79(3) of the 1987 Act.

Transitional arrangements

11.—(1) All messengers-at-arms and sheriff officers who were not members of the Society immediately before the date of coming into force of these Regulations become members of the professional association from that date.

(2) The Society may only require an annual membership fee from those messengers-at-arms and sheriff officers for the 2011 calendar year—

(a)by virtue of the resolution agreed by the Society on 15th January 2011 or as that resolution may be amended at an extraordinary general meeting of the Society in respect of that year; and

(b)only for the balance of that fee payable in respect of the period after 1st April 2011 (designation of the association), prior to the coming into force of the first set of rules made under section 65A(1) of the 2007 Act(6).

FERGUS EWING

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

10th February 2011

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