Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005

Scottish Statutory Instruments

2005 No. 199

COURT OF SESSION

SHERIFF COURT

Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005

Made

24th March 2005

Coming into force

14th April 2005

The Lords of Council and Session, under and by virtue of the powers conferred on them by section 75 of the Debtors (Scotland) Act 1987(1) and of all other powers enabling them in that behalf, do hereby enact and declare:

Citation and commencement

1.—(1) This Act of Sederunt may be cited as the Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules Amendment) (Caution and Insurance) 2005 and shall come into force on 14th April 2005.

(2) This Act of Sederunt shall be inserted in the Books of Sederunt.

Amendment of 1991 Rules

2.—(1) The Act of Sederunt (Messengers-at-Arms and Sheriff Officers Rules) 1991(2) shall be amended in accordance with the following sub-paragraphs.

(2) For rule 9(2)(b) (caution and professional indemnity insurance) there shall be substituted the following:–

“(b) obtained from a person who may give a bond of caution or other security under rule 33.5 of the Rules of the Court of Session(3);”.

(3) In rule 10(1)(renewals of policy) for “a company approved under” there shall be substituted “a person referred to in”.

Cullen of Whitekirk

Lord President I.P.D.

Edinburgh

24th March 2005

Explanatory Note

(This note is not part of the Act of Sederunt)

This Act of Sederunt amends the provisions of the Act of Sederunt (Rules of Messengers-at-Arms and Sheriff Officers) 1991 which prescribe the persons from whom bonds of caution and policies of professional indemnity insurance are to be obtained by messengers-at-arms and sheriff officers.

(1)

1987 c. 18.

(2)

S.I. 1991/1397, amended by S.I. 1998/2636 and S.S.I. 2000/30.

(3)

S.I. 1994/1443; rule 33.5 was amended by S.S.I. 2004/331.