Part 3F1Officers of court
Scottish Civil Enforcement Commission
F850Scottish Civil Enforcement Commission
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F5Advisory Council on Messengers-at-Arms and Sheriff Officers
Cross-heading before s. 51 inserted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 11(3); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
51F19Advisory Council's annual report
F91
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I42
F10The Advisory Council on Messengers-at-Arms and Sheriff Officers (the “Advisory Council”) must prepare a report on its activities during the whole of each financial year as soon as practicable after the end of the period to which the report relates.
3
A report prepared under subsection (2) above—
F11a
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I44
The F14Advisory Council may, in preparing the report under subsection (2) above, require F15the professional association designated by regulations under section 63(1)(a) to provide any information F16provided by virtue of regulations under section 63(1A) which the Advisory Council considers necessary or proper for the purposes of preparing the report.
I45
The F17Advisory Council must—
a
send a copy of each report prepared under subsection (2) above to the Scottish Ministers; and
b
publish the report.
F186
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F5352Publication of guidance and other information
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I553Published information not to enable identification
Information—
a
contained in a report prepared under section 51(2); F39...
F39b
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of this Act must not be in a form which identifies or enables the identification of F40officers of court or persons against whom diligence has been executed.
F654Register of judicial officers
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F655Code of practice
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F656Publication of information relating to informal debt collection
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Judicial officers
F657Judicial officers
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F658Appointment of judicial officer
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F659Annual fee
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Abolition of offices of messenger-at-arms and sheriff officer
F660Abolition of offices of messenger-at-arms and sheriff officer
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Regulation of F4officers of court
Words in crossheading before s. 61 substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 13(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
I161Regulation of F45officers of court
I61
The Scottish Ministers may, by regulations—
a
confer functions on;
b
remove functions from; or
c
otherwise modify the functions of,
F41officers of court.
I62
The Scottish Ministers may, by regulations—
a
prescribe the types of business association which F42officers of court may form in order to carry out their functions;
b
make provision about the ownership, membership, management and control of those business associations;
c
prescribe conditions which must be satisfied by those business associations;
F43d
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I63
Before making regulations under subsection (1) or (2) above, the Scottish Ministers must consult F44—
a
the Lord President of the Court of Session; and
b
each sheriff principal.
F464
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F465
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F466
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F467
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I1362Duty to notify F58Lord President and sheriff principal of bankruptcy etc.
1
Where, in relation to F59an officer of court, any of the events mentioned in subsection (2) below occurs, the officer must, before the expiry of the period of 28 days beginning with the occurrence of the event—
F60a
in the case of a messenger-at-arms, notify the Lord President of the Court of Session in writing of the event;
b
in the case of a sheriff officer, notify the sheriff principal from whom the officer holds a commission in writing of the event.
2
The events referred to in subsection (1) above are—
a
the sequestration of the F61officer of court;
b
the granting by the officer of a trust deed for creditors;
c
the making of a bankruptcy restrictions order in respect of the officer;
F71d
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e
the making, under the Company Directors Disqualification Act 1986 (c. 46), of a disqualification order against the officer;
f
where the officer is a partner in a partnership the sole or main business of which is the provision of F62officer of court services—
i
the granting by the partnership of a trust deed for creditors; or
ii
the sequestration of the partnership;
g
where the officer is a member in a limited liability partnership the sole or main business of which is the provision of F63officer of court services, the commencement of the winding up of that partnership on the ground of insolvency.
3
In subsection (2) above, “trust deed” has the meaning given by section 5(4A) of the 1985 Act.
F2Officers of court's professional association
Words in crossheading preceding s. 63 substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 15(2); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
I263F52Officers of court's professional association
I7I141
The Scottish Ministers, by regulations—
a
b
may make provision in relation to the functions, constitution and procedures of the professional association.
F491A
Regulations under subsection (1) may require an officer of court to provide such information as the professional association reasonably considers necessary.
I142
The Scottish Ministers may not make regulations under subsection (1) above without first consulting—
F50a
the Lord President of the Court of Session;
aa
each sheriff principal;
b
representatives of the professional association or, as the case may be, proposed professional association; and
c
such other bodies or persons who appear to the Scottish Ministers to have an interest.
I153
A person may not hold a commission as F51an officer of court unless that person is a member of the professional association.
63AF56Code of practice
1
The professional association—
a
must prepare and publish a code of practice in relation to the functions of officers of court; and
b
may prepare and publish such a code in relation to the undertaking of activities by such officers.
2
The professional association may revise the whole or any part of a code published under this section.
3
Where a code or any part of a code is revised under subsection (2), the professional association—
a
in a case where the revision results in substantial changes, must publish the revised code;
b
in any other case, may publish the revised code.
4
The professional association must not publish a code of practice or a revised code of practice under this section without the prior approval of the Lord President of the Court of Session.
5
The professional association must send a copy of each code of practice published under this section to—
a
the Scottish Ministers;
b
the Lord President of the Court of Session;
c
each sheriff principal; and
d
each officer of court.
I1664Duty of professional association to forward complaints F66...
Where the professional association receives a complaint about F64an officer of court or any services provided by the officer, the association must send details of the complaint and any material which accompanies it —
F65a
to the Lord President of the Court of Session;
b
in the case of a complaint about a messenger-at-arms, to the sheriff principal from whom the messenger-at-arms holds a commission as a sheriff officer; and
c
in the case of a complaint about a sheriff officer, to the sheriff principal from whom the sheriff officer holds a commission.
I1765Information from professional association
The F67Lord President of the Court of Session or any sheriff principal may require the professional association to provide any information the F68Lord President or, as the case may be, sheriff principal considers necessary or proper for the purposes of—
a
any inspection under section 66 of this Act;
b
any investigation under section F6979(2) of the 1987 Act; or
F70c
any disciplinary proceedings brought under section 79(3) of that Act.
F57Annual fee for officers of court
S. 65A and preceding cross-heading inserted (1.4.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 19; S.S.I. 2011/30, art. 3(2)(3), Sch. 2
65AAnnual fee
1
The professional association may make rules requiring every officer of court holding a commission to pay an annual fee to the association.
2
Rules made under subsection (1) above may include provision—
a
specifying the date by which the fee must be paid each year;
b
specifying the manner in which it must be paid; and
c
about any other matters in relation to the fee that the professional association considers appropriate.
3
Rules under this section may be made only with the approval of the Lord President of the Court of Session.
Investigation of F3officers of court
Words in crossheading preceding s. 66 substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 20(3); S.S.I. 2011/30, art. 3(1)(3), Sch. 1
I866Inspection of F34officer of court
1
2
3
A person appointed under subsection (1) above must submit a report of the inspection and of any inquiry under subsection (2) above to the F32Lord President or, as the case may be, the sheriff principal.
4
The F33Scottish Ministers must pay a person appointed under subsection (1) above—
a
a fee, unless the person is employed in the civil service and the person carries out the inspection in that person's capacity as a civil servant; and
b
any outlays reasonably incurred by the person,
in connection with an inspection, inquiry and report under this section.
F767Investigation of alleged misconduct by judicial officer
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F768Suspension of judicial officer pending outcome of disciplinary or criminal proceedings
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F769Commission's duty in relation to offences or misconduct by judicial officer
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F770Commission's power in relation to judicial officer's bankruptcy etc.
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Disciplinary proceedings
F771Referrals to the disciplinary committee
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F772Disciplinary committee's powers
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F773Orders under sections 68 and 72: supplementary provision
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Appeals
F774Appeals from decisions under sections 58, 68 and 72
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Miscellaneous
I375F27Officer of court's actions void where officer has interest
I101
Anything done by F20an officer of court in exercising or purporting to exercise a prescribed function in relation to a matter in which the officer has an interest is void.
I102
F23An officer of court has an interest in a matter where the matter—
a
is one in which the officer has an interest as an individual; or
b
consists of or includes a debt in relation to which any of the circumstances mentioned in subsection (3) below apply.
I103
The circumstances referred to in subsection (2)(b) above are that the debt is due to or by—
a
a business associate of the F24officer of court;
b
a member of the officer's family; or
c
a company or firm, and the officer, a business associate of the officer or a member of the officer's family—
i
is a director or partner of that company or firm;
ii
holds, either alone or along with an other person, a controlling interest in that company or firm; or
iii
has a pecuniary interest in that company or firm and the sole or main business of the company or firm is the purchase of debts for enforcement.
I104
Any reference in subsection (3) above to—
a
a business associate of F21an officer of court is to be construed as a reference to a co-director, partner, employer, employee, agent or principal of the officer;
b
a controlling interest in a company is to be construed as a reference to an interest giving a person control of a company within the meaning of section 840 of the Income and Corporation Taxes Act 1988 (c. 1) (meaning of “control”).
I105
Any reference in subsection (3) above to a member of F26an officer of court's family is to be construed as a reference to—
a
the spouse of the officer;
b
a person living together with the officer as husband and wife;
c
a civil partner of the officer;
d
a person living with the officer in a relationship which has the characteristics of the relationship between a husband and wife except that the person and the officer are of the same sex;
e
a parent of the officer;
f
a brother or sister of the officer;
g
a child of the officer, including—
i
a stepchild; and
ii
any child brought up or treated by the officer or any person mentioned in paragraph (b), (c) or (d) above as a child of the officer or, as the case may be, of that person;
h
a grandchild of the officer,
and any relationships of the half blood or by affinity are to be construed as relationships of the full blood.
I106
In subsection (4)(a) above, “principal” does not include a principal in a contract for the carrying out by the F25officer of court of the prescribed function in relation to the debt concerned.
I97
In subsections (1) and (6) above, “prescribed function” means any function conferred on F22an officer of court by virtue of this Act or any other enactment which the Scottish Ministers by regulations specify for the purposes of this section.
F5476Measure of damages payable by judicial officer for negligence or other fault
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I1177Effect of code of practice
1
2
A failure on the part of F37an officer of court to comply with any provision of a code of practice does not of itself render the officer liable to any criminal or civil proceedings.
3
A code of practice is admissible in evidence in any criminal or civil proceedings.
4
If any provision of a code of practice appears to—
a
the court or tribunal conducting any civil or criminal proceedings; or
F38b
a relevant court (within the meaning of subsection (8) of section 79 of the 1987 Act (investigation of alleged misconduct)) in disciplinary proceedings under that section;
to be relevant to any question arising in the proceedings, that provision of the code may be taken into account in determining that question.
I1278Electronic publications and communications
In this Part—
a
references to “publishing” include publishing by electronic means and cognate expressions are to be construed accordingly; and
Pt. 3 Title substituted (31.1.2011) by Public Services Reform (Scotland) Act 2010 (asp 8), s. 134(7), Sch. 4 para. 10; S.S.I. 2011/30, art. 3(1)(3), Sch. 1