BACKGROUND TO MESSENGERS-AT-ARMS & SHERIFF OFFICERS

DUTIES OF MESSENGERS-AT-ARMS & SHERIFF OFFICERS

Messengers-At-Arms & Sheriff Officers are appointed by the Courts and their appointments and duties are strictly regulated by various Acts Of Parliament and the Scottish Executive; principally the Messengers-At-Arms and Sheriff Officer Rules 1991 (MAASO Rules 1991).

Messengers-At-Arms are appointed by the Court of Session to serve citation and execute diligence on cases raised in that Court. Diligence is the collective name given to manner in which a court decree is enforced (these will be discussed in further detail under section six). Sheriff Officers are appointed by the Sheriff Principal of the local Sheriff Court in which the Officer applies to practice. The Sheriff Officer can serve citation and execute diligence only on Sheriff Court cases.

Only Sheriff Officers (Sheriff Court) or Messengers-At-Arms (Court of Session) are permitted by the Courts to execute enforcement of any decree.

Broadly speaking the actual execution of diligence and the rules governing same by each officer of court are largely similar. With that in mind and for the sake of brevity we will refer only to Sheriff Officers. Where there are differences between the two offices these will be highlighted.

A bill is currently laid before parliament which proposes to combine the two offices in a single office which will be known as a Judicial Officer.

REGULATION OF MESSENGERS-AT-ARMS & SHERIFF OFFICERS

Qualification & Examination

An individual may only practice as a Sheriff Officer if:

a) he has undergone a period of training with a person who is in practice as a Sheriff Officer; and

b) he has passed an examination conducted by the Society of Messengers-At-Arms & Sheriff Officers

Caution & Professional Indemnity Insurance

Under the MAASO Rules 1991, Sheriff Officers must be covered by a Bond of Caution of not less than £50,000 and Professional Indemnity Insurance for not less than £100,000 in respect of each and every claim.

Accounts

Every Officer of Court must keep:

(a) written books and accounts separately in respect of each client creditor, to show all monies collected by him from the creditor’s debtor; and

(b) a separate bank account in respect of client creditors.

A certificate from an accountant stating that satisfactory accounts have been kept in accordance with MAASO rules must be sent to the Sheriff Principal each year. Failure to provide certification of accounts and/or professional insurances will result in the suspension of the Sheriff Officer.

Conduct of Sheriff Officers

Reports into alleged misconduct of Sheriff Officers are investigated by the Sheriff Principal who can invoke disciplinary proceedings. The Sheriff Principal has the power to fine a Sheriff Officer and/or remove his commission.

JURISDICTION

Scottish civil courts are separated into six geographical areas known as Sheriffdoms. A Sheriff Officer must hold a commission in a particular Sheriffdom in order to execute diligence within the jurisdiction of that Sheriffdom. (Messengers-At-Arms have jurisdiction in the whole of Scotland).

Notwithstanding, the Bankruptcy and Diligence etc (Scotland) Act 2007 was passed by the Scottish Parliament to reform the laws of Bankruptcy and Diligence and the office of Messengers-At-Arms & Sheriff Officers. One of the reforms is to remove the requirement of separate commissions which will effectively allow a Sheriff Officer to practise anywhere in Scotland without restriction. The Act is due to come into force sometime in 2008.

Members of the Society of Messengers-At-Arms & Sheriff Officers

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