Under-Sheriff and OfficersE+W

23 Obligation to appoint under-sheriff and declaration of office by under-sheriff.E+W

(1)Every sheriff shall within one month after the notification of his appointment in the London Gazette by writing under his hand appoint some fit person to be his under-sheriff, and shall transmit a duplicate of such written appointment to the clerk of the peace for the county which shall be filed by him among the records of his office.

F1(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Every under-sheriff shall before he enters on the execution of his office make a declaration in the form in the Second Schedule to this Act or to the like [F2 effect—

(a)before one of the judges of Her Majesty’s High Court; or

(b)in the county for which such under-sheriff is appointed before a justice of the peace.F2]

Textual Amendments

F1S. 23(2) repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. I Group 1

F2S. 23(3)(a)(b) and preceding word substituted (1.4.2005) for words by Courts Act 2003 (c. 39), ss. 109(1), 110, Sch. 8 para. 60; S.I. 2005/910, art. 3(y)

Modifications etc. (not altering text)

C2References to clerk of the peace for the county to be construed as references to proper officer of county council: Courts Act 1971 (c. 23), Sch. 8 para. 1 and Local Government Act 1972 (c. 70), Sch. 29 Pt. I para. 4(1)(b)