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

PART VI OFFICIAL FUNCTIONS AND EXTRA-OFFICIAL ACTIVITIES

Official functions

16.—(1) Without prejudice to any functions under any other enactment, an officer of court may—

(a) subject to paragraph (2) of this rule, collect any debt constituted by decree or recoverable by summary warrant;

(b) execute diligence; or

(c) execute a citation or serve any document required under any legal process, in any place in respect of which he holds a commission as an officer of court.

(2) A debt constituted by decree or recoverable by summary warrant may be collected—

(a) in the case of a decree or summary warrant of the sheriff court, by a sheriff officer; or

(b) in the case of a decree or summary warrant of the Court of Session, by a messenger-at-arms.

(3) A person who holds a commission as a sheriff officer may practice as a sheriff officer only in the sheriffdom or district of a sheriffdom in respect of which he has been granted a commission under rule 8(5) above.

(4) An officer of court may refuse to execute a citation, serve any document required under any legal process or execute diligence where—

(a) the prescribed, or reasonable, expenses have not been tendered to him or secured by or on behalf of the person instructing him;

(b) it is not reasonably practicable for him to carry out his instructions and this has been intimated forthwith on receipt of the instructions to the person instructing him.

(5) An officer of court may not—

(a) form a private or public company within the meaning of the Companies Act 1985(1)for the purpose of exercising any of his official functions; or

(b) exercise any official functions as an employee of a private or public company within the meaning of the Companies Act 1985.

Extra-official activities

17.—(1) Subject to paragraph (2) of this rule, the extra-official activities of an officer of court may include—

(a) the collection for remuneration of any debt not constituted by decree where authorised to do so under rule 18 below; or

(b) in the absence of any statutory provision to the contrary, the service of any notice on a person for remuneration which is required to be served under any statute.

(2) An officer of court who performs an extra-official activity under paragraph (1) of this rule shall not state or imply that he is acting in his capacity as an officer of court.

(3) An officer of court may not be—

(a) an auctioneer with his own auction room;

(b) an elected or appointed member of a public or local authority;

(c) a house factor;

(d) a member of the Faculty of Advocates;

(e) a member of the Law Society of Scotland;

(f) a member of the United Kingdom, or European, Parliament;

(g) a money lender; or

(h) a police officer.

Applications for authorisation to collect debts not constituted by decree

18.—(1) A sheriff principal may, on the application of a sheriff officer who has his principal place of business in the sheriffdom and holds a commission from the sheriff principal, authorise that sheriff officer for remuneration to collect or be engaged in the collection of debts not constituted by decree on such conditions as the sheriff principal may consider appropriate.

(2) An application by a sheriff officer under paragraph (1) of this rule shall be made in writing and shall disclose any material interest held by the sheriff officer, a member of his family or a business associate in any organisation on behalf of which he seeks authority to collect debts.

(3) Where a sheriff officer, a member of his family or a business associate acquires an interest mentioned in paragraph (2), after authorisation under paragraph (1), of this rule, and intends to collect debts not constituted by decree on behalf of that organisation, the sheriff officer shall make a further application to the sheriff principal under paragraph (1) of this rule.

(1)

1985 c. 6