SUPREME COURTS Advisory Council on Messengers-at-Arms and Officers Parliament House EH1 1RQ Scottish Court Service

email - [email protected] www.scotcourts.gov.uk

Ms Alison E Taylor Our Ref: ND/VA Senior Assistant Clerk Justice 1 Committee Your Ref: Room 3.11 13 August 2001 Committee Chambers Edinburgh EH99 1SB

Chairman: The Honourable Prosser

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Dear Ms Taylor

INQUIRY INTO REGULATION OF THE LEGAL PROFESSION

I have been requested by the Honourable Lord Prosser, our current Chairman of the Advisory Council on Messengers-at-Arms and Sheriff Officers, to write to you firstly to express our concern that the Justice Committee, having intimated its desire to inter alia investigate the regulation of Sheriff Officers (and I take it also Messengers-at-Arms) did not take the opportunity to investigate what bodies, particularly statutory bodies, have currently the responsibility for their regulation. It is disappointing that insufficient care was taken to ensure that proper intimation was made to such groups (I understand also that the Society of Messengers-at-Arms and Sheriff Officers were not advised initially of this matter) to enable a full and proper response to be made to the Committee. We would hope that we will be kept properly advised of future developments on this matter.

Statutory regulation of Messengers-at-Arms and Sheriff Officers (Officers of Court)

The Advisory Council on Messengers-at-Arms and Sheriff Officers was constituted by section 76(1) of the Debtors () Act 1987 and came into effect on 30 November 1988. Advisory Council members are appointed by the Lord President of the and consist of a of the Court of Session who acts as Chairman, two Sheriffs Principal, two Officers of Court (Messengers-at-Arms and Sheriff Officers), two , one person appointed by the Lord , the and the Secretary who is appointed by the then Secretary of State for Scotland. Our regulatory role is set out in section 75 of the Act. The principal provisions are contained in sections 77-86 of the Act and the current governing rules are contained in Statutory Instrument 1991 No 1397 (S.132) (Messengers-at-Arms and Sheriff Officers Rules) 1991 which cover such matters as qualification for the post, training and examination provisions, rules for granting a commission, caution and professional indemnity for

Tel: 0131-225-2595 Fax: 0131-240-6711 DX 549306 Edinburgh 36 2

Officers of Court, supervision of their business accounts, limitation on the exercise of their official function and extra official activities, registration of their office and a strict disciplinary code.

The Advisory Council are of the view that these very detailed provisions (which followed upon a full investigation of the role of Officers of Court by the in the 1980s) have been a major factor in the development and supervision of Messengers-at-Arms and Sheriff Officers enabling the organisation to withstand on many occasions violent and personal attacks on both the Officers of Court and their property during the years of the “Poll Tax demonstrations”. By continually maintaining both a high and consistent standard of professional discipline and restraint in their role as officers of court carrying out what was perceived in many quarters as deeply unpopular civil enforcement orders, against an organised campaign of civil disobedience ,there can be little doubt that the present system of regulation has proved worthwhile.

Should you require further information on these matters I can be contacted at the above address or at telephone number 0141 559 4516.

Yours faithfully

NORMAN DOWIE SECRETARY TO THE ADVISORY COUNCIL ON MESSENGERS-AT-ARMS AND SHERIFF OFFICERS

Tel: 0131-225-2595 Fax: 0131-240-6711 DX 549306 Edinburgh 36