SCHEDULE 5

Minor and consequential amendments

The Execution of Diligence (Scotland) Act 1926 (c. 16)
7
1
The Execution of Diligence (Scotland) Act 1926 is amended as follows.
2
In section 2 (execution by registered letter)—
a
in subsection (1)(b), for “sheriff officer” substitute “ judicial officer ”;
b
in subsection (2)(b)—
i
for the words from “sheriff officer”, where they first occur, to “situated” substitute “ judicial officer ”;
ii
for “sheriff officer, or messenger-at-arms” substitute “ judicial officer ”; and
iii
for “law agent enrolled in such sheriffdom” substitute “ solicitor ”;
c
in subsection (2)(c), for “law agent, messenger-at-arms or sheriff officer” substitute “ solicitor or judicial officer ”; and
d
in subsection (2)(g), for “rule 111” substitute “ rule 6.1 ”.
3
In section 3 (authorisation by sheriff to do diligence)—
a
for “messenger-at-arms or sheriff officer”, in both places where it occurs, substitute “ judicial officer ”; and
b
for “law agent” substitute “ solicitor ”.
4
In section 6 (regulations, forms and fees), for “messengers-at-arms, sheriff officers” substitute “ judicial officers ”.
Sch. 5 para. 7 partly in force; Sch. 5 para. 7 not in force at Royal Assent see s. 227; Sch. 5 para. 7(2)(b)(iii)(d)(3)(b) in force and Sch. 5 para. 7(1)(2)(c) in force for certain purposes at 22.4.2009 by S.S.I. 2009/67, art. 3(2)(3), Sch. 1 para. 2 (with transitional modifications and savings in arts. 4-6)