Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 1998

Statutory Instruments

1998 No. 2636 (S.127)

COURT OF SESSION, SCOTLAND

SHERIFF COURT, SCOTLAND

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) (Amendment) 1998

Made

20th October 1998

Coming into force

1st December 1998

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 75 of the Debtors (Scotland) Act 1987(1) and of all other powers enabling them in that behalf, do hereby enact and declare:—

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Messengers at-Arms and Sheriff Officers Rules) (Amendment) 1998 and shall come into force on 1st December 1998.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of 1991 Rules

2.—(1) The Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991(2) shall be amended in accordance with the following sub-paragraphs.

(2) In rule 2(1) (interpretation)—

(a) after the definition of “Lord President” insert—

““nominated sheriff clerk” means a sheriff clerk nominated by the Secretary of State for the purposes of this Act of Sederunt;”; and

(b) the definition of “regional sheriff clerk” shall cease to have effect.

(3) In each of rules 7(5)(a), 8(7)(a), 10(3), (4)(a) and (5)(a), 1l(2)(c)(i) and (ii), (4), (5)(a) and (6)(a), 17(i), 18(1)(a), (2)(a) and (4)(a) and 28(5), for the words “regional sheriff clerk” substitute “nominated sheriff clerk”.

Rodger of Earlsferry

Lord President, I.P.D.

Edinburgh

20th October 1998

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991 so as to substitute references to a sheriff clerk nominated by the Secretary of State for references to a regional sheriff clerk. The amendments are necessary as a result of organisational changes in the Scottish Court Service.

(1)

1987 c. 18.

(2)

S.I. 1991/1397.