Sheriff Courts (Scotland) Act 1971

6 Disqualification of sheriffs principal and sheriffs

(1) A sheriff principal to whom this subsection applies, or a sheriff, shall not, so long as he holds office as such—

(a) engage, whether directly or indirectly, in any private practice or business, or be in partnership with or employed by, or act as agent for, any person so engaged; or

(b) accept appointment to any office, except such office as may by statute be attached to the office of sheriff principal or sheriff, as the case may be.

(2) Subsection (1) above shall apply to any person holding the office of sheriff principal who is appointed to that office after the commencement of this Act and on whose appointment the Secretary of State directs that that subsection shall apply to him.

(3) The sheriff principal of any sheriffdom, not being either a sheriff principal who is restricted by the terms of his appointment from engaging in private practice or a sheriff principal to whom subsection (1) above applies, shall not, so long as he holds office as such, advise, or act as an advocate in any court, in any cause civil or criminal arising within or coming from that sheriffdom.

(4) Any reference in any enactment passed before the commencement of this Act to a sheriff principal who is restricted by the terms of his appointment from engaging in private practice shall be construed as including a reference to a sheriff principal to whom subsection (1) above applies.

(5) Without prejudice to the giving of any direction under section 11(5) of this Act, in this section " sheriff principal " does not include a temporary sheriff principal and " sheriff " does not include a temporary sheriff or an honorary sheriff.