Public Services Reform (Scotland) Act 2010 (asp 8)

SCHEDULE 4 S Regulation of officers of court: modifications of enactments

Part 1 S Amendments

Debtors (Scotland) Act 1987 (c. 18) S

1 S Part 5 of the Debtors (Scotland) Act 1987 is amended as follows.

Commencement Information

I1 Sch. 4 para. 1 in force at 31.1.2011 for specified purposes by S.S.I. 2011/30, art. 3(1)(3), Sch. 1

I2 Sch. 4 para. 1 in force at 1.4.2011 for specified purposes by S.S.I. 2011/30, art. 3(2)(3), Sch. 2

2 S In section 75 (regulation of organisation, training, conduct and procedure of officers of court)—

(a) in subsection (1)—

(i) after paragraph (f) insert—

“(fa) regulate their conduct in exercising their extra-official functions;”,

(ii) after paragraph (h) insert—

“(ha) prescribe the procedure in relation to an appeal under section 82 of this Act;”,

(iii) in paragraph (j) for the words “for the keeping of accounts by them and the” substitute “ about their accounts and finances including the keeping and ”,

(iv) in paragraph (m) for “necessary or proper” substitute “ appropriate ”,

(b) in subsection (3) after “to” insert “ , or revoke, ”.

Commencement Information

I3 Sch. 4 para. 2 in force at 31.1.2011 by S.S.I. 2011/30, art. 3(1)(3), Sch. 1

3 S In section 76 (Advisory Council on Messengers-at Arms and Sheriff Officers)—

(a) in subsection (2)(a)—

(i) the word “and” immediately following sub-paragraph (iii) is repealed,

(ii) after sub-paragraph (iv) add “; and

(v) such other persons (not falling within sub-paragraphs (i) to (iv) above) as the Lord President considers appropriate.”,

(b) in subsection (5)—

(i) after “under” insert “ sub-paragraphs (i) to (iv) of ”,

(ii) for “that paragraph” substitute “ those sub-paragraphs. ”,

(c) in subsection (7), for “subsection (2)(a)” substitute “ subsection (2)(a)(i) to (iv) ”.

Commencement Information

I4 Sch. 4 para. 3 in force at 31.1.2011 by S.S.I. 2011/30, art. 3(1)(3), Sch. 1

4 S In section 79 (investigation of alleged misconduct)—

(a) in subsection (1)—

(i) in paragraph (a) for “78(3) of this Act” substitute “ 66(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (in this Part “the 2007 Act”) ”,

(ii) the word “or” immediately following paragraph (b) is repealed,

(iii) after that paragraph insert—

“(ba) details of a complaint about an officer of court are sent to the Lord President of the Court of Session or a sheriff principal under section 64 of the 2007 Act;”,

(iv) after paragraph (c) add “; or

(d) any judge of the Court of Session, or a sheriff principal—

(i) becomes aware (whether by notification under subsection (1) of section 62 of the 2007 Act or otherwise) that an event mentioned in subsection (2) of that section has occurred in respect of an officer of court; and

(ii) considers that the occurrence of that event or the circumstances surrounding it, although falling short of misconduct and not involving the commission of an offence, gives rise to concerns about the officer, the officer's exercise of official functions or the officer's undertaking of extra-official activities.”,

(b) subsection (7) is repealed,

(c) in subsection (9)—

(i) the words from “conduct” to the end of that subsection become paragraph (a) of the subsection,

(ii) after that paragraph add—

“(b) failure to notify the Lord President of the Court of Session or the sheriff principal under subsection (1) of section 62 of the 2007 Act of the occurrence of an event mentioned in subsection (2) of that section;

(c) failure to provide information mentioned in subsection (1A) of section 63 of that Act required by virtue of regulations made under subsection (1) of that section;

(d) failure to comply with any code of practice or revised code of practice published under section 63A of that Act; and

(e) where a fee is due by virtue of rules made under subsection (1) of section 65A of that Act and a date as mentioned in subsection (2)(a) of that section has been specified by the rules, failure to pay the fee within 3 months of that date.”.

Commencement Information

I5 Sch. 4 para. 4 in force at 1.4.2011 by S.S.I. 2011/30, art. 3(2)(3), Sch. 2

5 S In section 80 (courts' powers in relation to offences or misconduct)—

(a) in subsection (1)—

(i) the words from “an” to the end of that subsection become paragraph (a) of the subsection,

(ii) after that paragraph add—

“(b) an order mentioned in paragraph (aa) or (c) of subsection (5) below.”,

(b) in subsection (2)—

(i) the words from “an” to the end of that subsection become paragraph (a) of the subsection,

(ii) after that paragraph add—

“(b) an order in relation to the sheriff officer of a kind mentioned in paragraph (aa) or (c) of subsection (5) below.”,

(c) after subsection (3) insert—

“(3A) Where—

(a) a solicitor is appointed to investigate a matter in respect of a messenger-at-arms under section 79(2) of this Act; or

(b) the Court of Session becomes aware that a messenger-at-arms has been charged with an offence,

the Court of Session may make an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order or in an order extending such period.

(3B) Where—

(a) a solicitor is appointed to investigate a matter in respect of a sheriff officer under section 79(2) of this Act; or

(b) the sheriff principal from whom a sheriff officer holds a commission becomes aware that the sheriff officer has been charged with an offence,

the sheriff principal may make an order suspending the officer from practice for such period as may be specified in the order or in an order extending such period in that sheriffdom.”,

(d) after subsection (4) insert—

“(4A) Where the Court of Session at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a messenger-at-arms is founded, the Court of Session may make an order under paragraph (a) or (aa) of subsection (5) below.”,

(e) in subsection (5) after paragraph (a) insert—

“(aa) an order restricting—

(i) the functions which the messenger-at-arms may exercise; or

(ii) the activities which the messenger-at-arms may undertake,

for such period as may be specified in the order;”,

(f) after subsection (6) insert—

“(6A) Where the sheriff principal at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a sheriff officer is founded, the sheriff principal may make, in relation to the sheriff officer, an order—

(a) of a kind mentioned in paragraph (aa) of subsection (5) above; or

(b) under paragraph (a) of subsection (7) below.”,

(g) in subsection (7)(b) for “subsection (5)(b)” substitute “ subsection (5)(aa), (b), ”.

Commencement Information

I6 Sch. 4 para. 5 in force at 1.4.2011 by S.S.I. 2011/30, art. 3(2)(3), Sch. 2

6 S In section 81 (provisions supplementary to section 80)—

(a) in subsection (1)—

(i) for “section 80(1), (4)” substitute “ section 80(1)(a), (3A), (4), (4A) ”,

(ii) after paragraph (b) add—

“(c) the professional association designated under section 63(1) of the 2007 Act.”,

(b) in subsection (2)—

(i) for “section 80(2), (6)” substitute “ section 80(2)(a), (3B), (6), (6A) ”,

(ii) the word “and” immediately following paragraph (a) is repealed,

(iii) after paragraph (b) add “, and

(c) the professional association designated under section 63(1) of the 2007 Act.”,

(c) in subsection (3)—

(i) for “section 80(1), (2)” substitute “ section 80(1)(a), (2)(a), (3A), (3B) ”,

(ii) after “thereof” insert “ or of an order under subsection (4A) or (6A) of that section specified respectively in subsection (5)(a) or (7)(a) thereof ”.

Commencement Information

I7 Sch. 4 para. 6 in force at 1.4.2011 by S.S.I. 2011/30, art. 3(2)(3), Sch. 2

7 (1) In section 82 (appeals from certain decisions)— S

(a) the words from “An” to “Act” become subsection (1) of that section,

(b) after “under” insert “ section 77(1), ”,

(c) for the words “(4) or (6)” substitute “ (3A), (3B), (4), (4A), (6), (6A) or (8)(b) ”,

(d) the words from “but” to the end of the section are repealed,

(e) after subsection (1) (created under paragraph (a)) insert—

“(2) The decision of the Inner House on an appeal under subsection (1) shall be final.”.

(2) In the sidenote to section 82, for “79(5) and 80” substitute “ 77, 79 and 80 ”.

Commencement Information

I8 Sch. 4 para. 7 in force at 1.4.2011 by S.S.I. 2011/30, art. 3(2)(3), Sch. 2

8 S After section 86 insert—

“86A Electronic communications

In this Part, any reference to an admission in writing includes a reference to that admission being an electronic communication (within the meaning given by section 15(1) of the Electronic Communications Act 2000 (c. 7)).”.

Commencement Information

I9 Sch. 4 para. 8 in force at 31.1.2011 by S.S.I. 2011/30, art. 3(1)(3), Sch. 1