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

PART IV CAUTION AND PROFESSIONAL INDEMNITY INSURANCE

Bonds of caution

9.  An officer of court shall be covered by a bond of caution in form 4 to the value of £50,000 from a company on the list of guarantee companies approved by the Lord President under rule 200(e)(iv) of the Rules of the Court of Session in respect of any commission held by him as—

(a) a sheriff officer; and

(b) where applicable, a messenger-at-arms, and the bond of caution shall be renewed annually.

Renewals of bonds of caution

10.—(1) Each year every officer of court shall lodge, in accordance with the following paragraphs of this rule, a premium receipt for the renewal of the first bond of caution as required by rule 9 above within 30 days after the expiry of any current bond.

(2) Such a premium receipt shall be sent to the sheriff principal of the sheriffdom in which the sheriff officer’s first current commission as a sheriff officer was granted.

(3) On being satisfied as to the bond of caution sent to him under paragraph (2) of this rule, the sheriff principal shall cause the premium receipt for the renewal of a bond of caution to be lodged with the regional sheriff clerk who shall issue to the sheriff officer a letter of receipt and such copy letters of receipt as may be required by the sheriff officer.

(4) Where a sheriff officer holds a commission as a sheriff officer in more than one sheriffdom, he shall send to the sheriff principal of every sheriffdom in which he holds such a commission (other than the first current commission) a copy letter of receipt of such a premium receipt of the bond of caution issued by the regional sheriff clerk.

(5) Where a sheriff officer is also a messenger-at-arms, he shall send to the Lyon clerk a copy letter of receipt of such a premium receipt of the bond of caution issued by the regional sheriff clerk in respect of his commission as a sheriff officer.

(6) Where an officer of court fails to lodge such a premium receipt under paragraph (1) of this rule—

(a) in respect of his commission as a sheriff officer, the sheriff principal may suspend the officer of court from practice as a sheriff officer until such a premium receipt has been lodged; and

(b) where applicable, in respect of his commission as a messenger-at-arms, the Court of Session may, following a report sent to the Deputy Principal Clerk of Session by the Lyon clerk suspend the officer of court from practice as a messenger-at-arms until such a premium receipt has been lodged.

Policies for professional indemnity insurance

11.—(1) An officer of court and any partnership of officers of court shall be covered by a policy for professional indemnity insurance from an insurance company to a minimum limit of £100,000 in respect of—

(a) the officer of court in respect of any commission as—

(i) a sheriff officer; and

(ii) where applicable, a messenger-at-arms

(b) the partnership of officers of court in respect of the firm; and

(c) the partnership of officers of court in respect of its employees; and the policy shall be renewed annually.

(2) Every policy for professional indemnity insurance shall be in such terms as may be approved by the sheriffs principal and the Lord Lyon.

Renewals of professional indemnity insurance

12.—(1) Each year every officer of court shall lodge, in accordance with the following paragraphs of this rule, a premium receipt from an insurance company stating that he is covered for professional indemnity insurance to a minimum of £100,000 within 30 days after the date of expiry of any current premium receipt.

(2) Such a premium receipt shall be lodged with the regional sheriff clerk of the sheriffdom in which the sheriff officer’s first current commission as a sheriff officer was granted.

(3) The regional sheriff clerk shall issue to the sheriff officer a letter of receipt of such a premium receipt and such copy letters of receipt as may be required by the sheriff officer.

(4) Where a sheriff officer holds a commission as a sheriff officer in more than one sheriffdom, he shall send to the sheriff principal of every sheriffdom in which he holds such a commission (other than the first current commission) a copy letter of receipt of such a premium receipt issued by the regional sheriff clerk.

(5) Where a sheriff officer is also a messenger-at-arms, he shall send to the Lyon clerk a copy of letter of receipt of such a premium receipt issued by the regional sheriff clerk in respect of his commission as a sheriff officer.

(6) Where an officer of court fails to lodge such a premium receipt under paragraph (1) of this rule—

(a) in respect of his commission as a sheriff officer, the sheriff principal may suspend the officer of court from practice as a sheriff officer until such a premium receipt has been lodged; and

(b) where applicable, in respect of his commission as a messenger-at-arms, the Court of Session may, following a report sent to the Deputy Principal Clerk of Session by the Lyon clerk suspend the officer of court from practice as a messenger-at-arms until such a premium receipt has been lodged.

Transitional provisions

13.—(1) Where a person is in practice as an officer of court on the date on which these Rules come into force, the following paragraphs of this rule shall apply in the application of rules 9 to 12 above.

(2) Within 30 days after—

(a) the expiry of the bond of caution current on the date on which these rules come into force; or

(b) where more than one bond of caution has been obtained and is current on the date on which these Rules come into force, the date on which the first bond expires, the officer of court shall send a bond of caution as required under rule 9 above to the sheriff principal of the sheriffdom in which his first current commission as a sheriff officer was granted.

(3) Within two months after the coming into force of rule 11 above, the officer of court shall lodge a premium receipt in respect of a policy for professional indemnity insurance as required by that rule to the regional sheriff clerk of the sheriffdom in which his first current commission as a sheriff officer was granted.