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Sheriff Courts and Legal Officers (Scotland) Act 1927

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This is the original version (as it was originally enacted).

1Appointment of sheriff clerk and procurator fiscal

(1)The right of appointing to and removing from the office of sheriff clerk shall be vested in one of His Majesty's Principal Secretaries of State. There shall be a sheriff clerk for each county in Scotland as heretofore, provided that it shall be lawful for the Secretary of State, where the division of sheriff court districts or other circumstances appear to him to render such a course expedient, to appoint a sheriff clerk for an area other than a county whether situated entirely within one county or not.

(2)The right of appointing to and removing from the office of procurator fiscal shall be vested in the Lord Advocate, and the Lord Advocate may with the consent of the Treasury from time to time fix the number of procurators fiscal in Scotland, and the limits of the districts for which such procurators fiscal shall act.

(3)Notwithstanding anything in either of the foregoing subsections, no sheriff clerk or procurator fiscal shall be removed from his office except upon a report by the Lord President of the Court of Session and the Lord Justice Clerk :

Provided that no such report shall be required in any case of retirement of a sheriff clerk or procurator fiscal in circumstances which would qualify him for an award under the Superannuation Acts, 1834 to 1919, or in consequence of the operation of an age limit.

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