SCHEDULE 5Minor 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 ”.