SCHEDULE 5Minor and consequential amendments

7The Execution of Diligence (Scotland) Act 1926 (c. 16)

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”.