Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1988

PART III APPLICATIONS FOR COMMISSION

Applications for recommendation for commission as messenger-at-arms

7.—(1) An application by a sheriff officer for recommendation for a commission as a messenger-at-arms under section 77(1) of the Act of 1987 shall be by petition presented to the Outer House of the Court of Session in form 1 and signed by the petitioner or his solicitor.

(2) There shall be lodged with a petition under paragraph (1) of this rule—

(a) an inventory of productions;

(b) a copy of the entry in the Register of Births relating to the petitioner;

(c) a certificate from the Society that the petitioner has passed the examinations set by the committee of examiners of the Society; and

(d) a certificate from another officer of court specifying the period that the petitioner has been in practice as a sheriff officer.

(3) A petition under paragraph (1) to this rule shall not require a process and shall not be intimated on the walls of court, served or advertised.

(4) Where the court grants the prayer of such a petition, the clerk of the Petition Department of the Court of Session shall send a copy of the petition, with the interlocutor granting the prayer written on it, to the Lyon clerk.

(5) The Lord Lyon shall not issue a commission to a sheriff officer as a messenger-at-arms until the sheriff officer has lodged with the Lyon clerk—

(a) a copy letter of receipt issued by a regional sheriff clerk in respect of the bond of caution required under rule 9 below; and

(b) a copy letter of receipt issued by a regional sheriff clerk in respect of a copy premium receipt from an insurance company for professional indemnity insurance required under rule 11(1)(a) below.

(6) When the Lord Lyon issues a sheriff officer with a commission as a messenger-at-arms under section 77(1) of the Act of 1987, he shall administer to the sheriff officer the oath or declaration of allegiance to the Sovereign.

Application for commission as sheriff officer

8.—(1) An application by a person for a commission as a sheriff officer in a particular sheriffdom or a particular district of a sheriffdom shall be by initial writ in a summary application in form 2 to the sheriff principal in such sheriff court as the sheriff principal shall direct and shall be signed by the petitioner or his solicitor.

(2) There shall be lodged with an initial writ under paragraph (1) of this rule—

(a) an inventory of productions;

(b) a copy of the entry in the Register of Births relating to the applicant;

(c) the certificate required by rule 3(1)(d) above;

(d) a certificate from the committee of examiners of the Society to the effect that the applicant has passed the examinations set by the committee of examiners; and

(e) two references of good character.

(3) An application under paragraph (1) of this rule shall not be served but shall be ordered to be—

(a) intimated on the walls of every sheriff court in the sheriffdom or district of the sheriffdom for which appointment as a sheriff officer is sought; and

(b) advertised once in form 3 in such newspapers circulating in the sheriffdom as the sheriff principal shall appoint.

(4) A person who intends to object to such an application shall lodge answers to the application with the sheriff clerk within one month from the date of such intimation and advertisement.

(5) Where the sheriff principal is satisfied that the applicant is suitably qualified, and is a fit and proper person, to be a sheriff officer, he may grant to the applicant a commission as a sheriff officer in his sheriffdom or a district within that sheriffdom.

(6) The sheriff principal shall not issue a commission to a sheriff officer until the sheriff officer has lodged with the sheriff clerk—

(a) subject to paragraph (7) of this rule, a bond of caution required under rule 9 below; and

(b) subject to paragraph (7) of this rule, a premium receipt from an insurance company for professional indemnity insurance required under rule 11(1)(a) below.

(7) In the application of paragraph (6) of this rule in a case where the sheriff officer already holds a commission as a sheriff officer, it shall be sufficient for the sheriff officer to lodge with the sheriff clerk a copy letter of receipt, of the bond of caution and of the premium receipt, issued by the regional sheriff clerk.

(8) When the sheriff principal issues a commission to a sheriff officer he, or a sheriff, shall administer to the sheriff officer the oath or declaration de fideli administratione officii.

(9) Where a person intends to apply to be a sheriff officer in more than one sheriffdom, he shall make a summary application under paragraph (1) of this rule in each sheriffdom in which he seeks to be appointed a sheriff officer.

(10) Where a sheriff officer is issued with a further commission as a sheriff officer in a sheriffdom other than the sheriffdom in which he first obtained a commission, he shall intimate a copy of his subsequent commission, certified by the sheriff clerk, to the sheriff principal of every other sheriffdom in which he holds a commission as a sheriff officer.

(11) Where a messenger-at-arms is issued with a further commission as a sheriff officer he shall intimate a copy of his commission, certified by the sheriff clerk, to the Lord Lyon.