66 Recall and variation of conjoined arrestment order.
(1) The sheriff shall make an order recalling a conjoined arrestment order—
(a) on an application by any of the persons mentioned in subsection (2) below, if he is satisfied—
(i) that the conjoined arrestment order is invalid;
(ii) that all the ordinary debts being enforced by the order have been paid or otherwise extinguished or have ceased to be enforceable by diligence and that all the obligations to pay current maintenance being so enforced have ceased or have ceased to be enforceable by diligence; or
(iii) that the debtor’s estate has been sequestrated; or
(b) on an application for recall of the order by all the creditors whose debts are being enforced by the order.
(2) The persons referred to in subsection (1)(a) above are—
(a) the debtor;
(b) any creditor whose debt is being enforced by the order;
(c) the person on whom a copy of the order or an order varying the order was served under section 60(7) or 62(6) of this Act;
(d) the sheriff clerk;
(e) if the debtor’s estate has been sequestrated, the interim trustee appointed under section 55 of the Bankruptcy (Scotland) Act 2016 or the trustee in the sequestration.
(3) Where the sheriff recalls a conjoined arrestment order under subsection (1) above, he may make such consequential order as appears to him to be necessary in the circumstances.
(4) Where—
(a) any ordinary debt being enforced by a conjoined arrestment order is paid or otherwise extinguished or ceases to be enforceable by diligence; or
(b) current maintenance is being so enforced and—
(i) an order or decree comes into effect which varies, supersedes or recalls the maintenance order which is being enforced; or
(ii) the obligation to pay maintenance has ceased or has ceased to be enforceable in Scotland,
the sheriff, on an application by the debtor, any creditor whose debt is being enforced by the conjoined arrestment order, the employer or the sheriff clerk, may make an order varying the conjoined arrestment order appropriately.
(5) In the case of an order mentioned in paragraph (c), (e), (f) , (g)...) or (k) of the definition of “maintenance order” in section 106 of this Act, the reference in subsection (4)(b)(i) above to the coming into effect of an order shall be construed as a reference to the registration of the order in Scotland.
(6) The sheriff may vary a conjoined arrestment order to give effect to a request by a creditor whose debt is being enforced by the order that it should cease to be so enforced.
(7) The sheriff clerk shall as soon as is reasonably practicable serve a copy of any order under subsection (1), (3), (4) or (6) above on the debtor, the employer (or, where he is not the employer, the person mentioned in subsection (2)(c) above), any creditor whose debt is being enforced by the conjoined arrestment order and, if the conjoined arrestment order has been recalled on the ground of the sequestration of the debtor’s estate, the interim trustee or ... trustee in the sequestration, if known to the sheriff clerk.
(8) Subject to section 103(6) of this Act, an order under subsection (3) above shall not come into effect until a copy of the order has been served on the employer under subsection (7) above.
(9) An order under subsection (1) above shall not come into effect until a copy of the order has been served on the employer under subsection (7) above and shall not be subject to appeal.
(10) An order under subsection (4) or (6) above shall come into effect 7 days after a copy of the order has been served on the employer under subsection (7) above.
(11) In subsections (4)(b) and (5), “order” includes decision, settlement and instrument.
Paragraph 1 of schedule 7 of the Bankruptcy (Scotland) Act 2016 (equalisation of arrestments and poindings used within 60 days before, and 4 months after, apparent insolvency) shall not apply in relation to an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order.
69 Restriction on liability of employer in operating diligence against earnings.
(1) An employer operating an earnings arrestment or a current maintenance arrestment or a conjoined arrestment order shall be entitled to apply regulations made under section 49(7), 53(3) or 63(6) of this Act before receiving intimation under section 49(8), 53(4) or 63(7) of this Act of the making of the regulations.
(2) Where a pay-day occurs within a period of 7 days after the date of—
(a) service on the employer of an earnings arrestment schedule or a current maintenance arrestment schedule or a copy of a conjoined arrestment order or of a variation thereof; or
(b) intimation under section 49(8), 53(4) or 63(7) of this Act to the employer of the making of regulations,
the employer shall be entitled, but shall not be required, on that day to operate the arrestment or order or, as the case may be, to give effect to the regulations.
(3) Where, in accordance with subsection (2) above, the employer on a pay-day (referred to below as “the previous pay-day”)—
(a) does not operate an earnings arrestment, current maintenance arrestment or conjoined arrestment order; or
(b) does not give effect to regulations,
he shall not include in any sum deducted from the net earnings of the debtor on a subsequent pay-day under the arrestment or order any sum in respect of the debtor’s net earnings on the previous pay-day.
(4) No claim may be made by—
(a) the debtor or the creditor against the employer in respect of any deduction which has, or ought to have, been made by the employer from the debtor’s net earnings, or any payment which has been, or ought to have been, made by him, under an earnings arrestment or a current maintenance arrestment; or
(b) the debtor, the sheriff clerk or any creditor against the employer in respect of any such deduction or payment which has been, or ought to have been, made under a conjoined arrestment order,
more than one year after the date when the deduction or payment has, or ought to have, been made.
(5) The employer shall not be liable to the debtor for any deduction made by him from the debtor’s net earnings—
(a) under an earnings arrestment unless and until he receives intimation—
(i) from the creditor under section 57(4) of this Act that the debt recoverable has been paid or otherwise extinguished or has ceased to be enforceable by diligence;
(ii) from the sheriff clerk under section 9(7)(b) or 50(1) of this Act that an order has been made recalling the arrestment or, as the case may be, declaring that it is invalid or has ceased to have effect;
(iii) that the debtor’s estate has been sequestrated; or
(iv) from the creditor that he has abandoned the arrestment;
(b) under a current maintenance arrestment unless and until he receives intimation—
(i) from the creditor under section 57(4) of this Act that the arrestment has ceased to have effect;
(ii) from the sheriff clerk under section 55(3) of this Act that an order has been made recalling the arrestment or declaring that the arrestment is invalid or has ceased to have effect;
(iii) that the debtor’s estate has been sequestrated; or
(iv) from the creditor that he has abandoned the arrestment.
(1) When an officer of court serves an earnings arrestment schedule or a current maintenance arrestment schedule on the employer of the debtor he shall take all reasonably practicable steps to intimate a copy of the schedule to the debtor.
(2) Failure to intimate a copy of the schedule to the debtor shall not by itself render the arrestment invalid.
(3) Service of any such schedule shall be by registered or recorded delivery letter or, if such a letter cannot be delivered, by any other competent mode of service.
(4) The certificate of execution of an earnings arrestment or a current maintenance arrestment shall be signed by the officer of court who effected the service.
(4A) An employer on whom an earnings arrestment schedule or a current maintenance arrestment schedule is served shall, as soon as is reasonably practicable—
(a) intimate a copy of it to the debtor; and
(b) notify the debtor of—
(i) the date on which the first deduction is made; and
(ii) the sum so deducted.
(4B) An employer on whom a copy of a conjoined arrestment order is served shall, as soon as is reasonably practicable, notify the debtor of the matters mentioned in sub-paragraphs (i) and (ii) of subsection (4A)(b) above.
(5) Section 17(1) of this Act shall apply to the service of an earnings arrestment schedule, a current maintenance arrestment schedule or a conjoined arrestment order as it applies to the execution of a poinding except where such service is by post.
(1) Where an employer receives, in relation to a debtor—
(a) an earnings arrestment schedule;
(b) a current maintenance arrestment schedule; or
(c) a copy of a conjoined arrestment order,
the employer shall, as soon as is reasonably practicable, send to the creditor or, in the case of a conjoined arrestment order, the sheriff clerk, the information mentioned in subsection (3) below.
(2) The employer shall, provided the debt has not been extinguished, send, on or as soon as is reasonably practicable after the dates mentioned in subsection (4) below, to the creditor or, as the case may be, the sheriff clerk the information mentioned in subsection (3) below.
(3) The information referred to in subsection (1) above is—
(a) how the debtor is paid (whether weekly, monthly or otherwise);
(b) the date of the debtor's pay-day next following—
(i) where subsection (1) above applies, receipt of the schedule or order; or
(ii) where subsection (2) above applies, the date mentioned in subsection (4) below;
(c) the sum deducted on that pay-day and the net earnings from which it is so deducted; and
(d) any other information which the Scottish Ministers may, by regulations, prescribe.
(4) The dates referred to in subsection (2) above are—
(a) the later of—
(i) 6 April next following receipt of the schedule or order; or
(ii) the day falling 6 months after receiving the schedule or order; and
(b) each 6 April thereafter.
(5) Notwithstanding subsections (1) and (2) above, the employer shall, if the debtor ceases for whatever reason to be employed by the employer, give notice, as soon as is reasonably practicable, to the creditor or, as the case may be, the sheriff clerk—
(a) of that fact; and
(b) in so far as is known to the employer, the name and address of any new employer of the debtor.
(6) Where an employer sends information under subsection (1) or (2) above or gives notice under subsection (5) above, the employer shall, as soon as is reasonably practicable, send a copy of that information or notice to the debtor.
(1) Where an employer fails without reasonable excuse to give notice under section 70A(5) of this Act, the sheriff may, on the application of any creditor, make an order requiring the employer—
(a) to provide such information as is known to the employer as to the debtor's employment after ceasing to be employed by that employer;
(b) to pay to the creditor an amount not exceeding twice the sum which the employer would have been required to deduct on the debtor's next pay-day had the debtor still been employed by that employer.
(2) Where a sum is paid by virtue of an order under subsection (1)(b) above—
(a) the debt owed by the debtor to the creditor shall be reduced by that sum; and
(b) the employer shall not be entitled to recover that sum from the debtor.
(3) An employer aggrieved by an order under subsection (1) above may, before the expiry of the period of 14 days beginning with the day on which the order is made, appeal, on point of law only, to the sheriff principal, whose decision shall be final.
(1) A creditor who is receiving payment from a debtor by virtue of—
(a) an earnings arrestment;
(b) a current maintenance arrestment; or
(c) a conjoined arrestment order,
shall, provided the debt has not been extinguished, send, on or as soon as is reasonably practicable after the dates mentioned in subsection (2) below, to the employer or, in the case of a conjoined arrestment order, the sheriff clerk the information mentioned in subsection (3) below.
(2) The dates referred to in subsection (1) above are—
(a) the later of—
(i) 6 April next following service of the schedule of arrestment or, as the case may be, order; or
(ii) the day falling 6 months after the service of the schedule or order; and
(b) each 6 April thereafter.
(3) The information referred to in subsection (1) above is—
(a) the sum owed by the debtor to the creditor;
(b) the amounts received by the creditor by virtue of the arrestment or order; and
(c) the dates of payment of those amounts.
Where a debtor ceases to be employed by an employer who is deducting sums under this Part of this Act, the debtor shall give notice to the creditor or, where those sums are being deducted by virtue of a conjoined arrestment order, the sheriff clerk—
(a) of that fact; and
(b) of the name and address of any new employer.
71 Employer’s fee for operating diligence against earnings.
On any occasion on which an employer makes a payment to a creditor under an earnings arrestment or a current maintenance arrestment or to the sheriff clerk under a conjoined arrestment order, he may charge the debtor a fee of 50 pence or such other sum as may be prescribed in regulations made by the Lord Advocate which shall be deductible from the amount of the debtor’s net earnings after any deduction has been made from them under section 47, 51 or 60 of this Act.
72 Effect of sequestration on diligence against earnings.
(1) This section shall have effect where a debtor’s estate is sequestrated.
(2) Any existing earnings arrestment, current maintenance arrestment or, subject to subsection(3) below, conjoined arrestment order or deduction from earnings order under the Child Support Act 1991 shall cease to have effect on the date of sequestration.
(3) Any sum paid by the employer to the sheriff clerk under a conjoined arrestment order on a pay-day occurring before the date of sequestration shall be disbursed by the sheriff clerk under section 64 of this Act notwithstanding that the date of disbursement is after the date of sequestration.
(3A) Any sum deducted by the employer under such a deduction from earnings order made before the date of sequestration shall be paid to the Secretary of State, notwithstanding that the date of payment will be after the date of sequestration.
(4) The execution of an earnings arrestment or the making of a conjoined arrestment order shall not be competent after the date of sequestration to enforce a debt in respect of which the creditor is entitled to make a claim in the sequestration.
(4A) A deduction from earnings order under the said Act shall not be competent after the date of sequestration to secure the payment of any amount due by the debtor under a maintenance assessment maintenance calculation within the meaning of that Act in respect of which a claim could be made in the sequestration.
(5) In this section “date of sequestration” has the same meaning as in section 22(7) of the Bankruptcy (Scotland) Act 2016.
(1) In this Part of this Act—
“creditor”,in relation to maintenance, means the payee specified in the maintenance order or orders or anyone deriving title from the payee;
“current maintenance” means maintenance being deducted from earnings in accordance with section 53(1) or 63(3) or (5) of this Act;
“debt advice and information package” has the meaning given by section 47(4) of this Act;
“debt recoverable” has the meaning given in section 48(1) of this Act;
“decree or other document” means —
a decree of the Court of Session or the sheriff or a document registered for execution in the Books of Council and Session or the sheriff court books;
a summary warrant, a warrant for the civil diligence or a bill protested for non-payment by a notary public;
an order or determination which by virtue of any enactment is enforceable as if it were an extract registered decree arbital bearing a warrant for execution issued by the sheriff;
a civil judgment granted outside Scotland by a court, tribunal or arbiter which by virtue of any enactment or rule of law is enforceable in Scotland; ...
a document or settlement which by virtue of an Order in Council made under section 13 of the Civil Jurisdiction and Judgements Act 1982 is enforceable in Scotland,
...
a maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention,
on which, or on an extract of which, an earnings arrestment, a current maintenance arrestment or a conjoined arrestment order is founded;
“earnings” has the meaning given in subsection (2) below;
“employer” means any person who pays earnings to a debtor under a contract of service or apprenticeship, but—
in relation to any sum payable as a pension within the meaning of subsection (2)(c) below, means the person paying that sum; and
where the employee is an officer of the Crown, means, subject to subsection (5) below, the chief officer in Scotland of the department or other body concerned,
and “employee”, “employed” and “employment” shall be construed accordingly;
“net earnings” means the earnings which remain payable to the debtor after the employer has deducted any sum which he is required to deduct in respect of—
income tax;
primary class 1 contributions under Part I of the Social Security Act 1975;
amounts deductible under any enactment, or in pursuance of a request in writing by the debtor, for the purposes of a superannuation scheme , namely any enactment, rules, deed or other instrument providing for the payment of annuities or lump sums—
to the persons with respect to whom the instrument has effect on their retirement at a specified age or on becoming incapacitated at some earlier age, or
to the personal representatives or the widows, relatives or dependants of such persons on their death or otherwise,
whether with or without any further or other benefit;
any amount deductible by virtue of a deduction from earnings order which, in terms of regulations made under section 32(4)(c) of the Child Support Act 1991, is to have priority over diligences against earnings.
“ordinary debt” means any debt (including a fine or any sum due under an order of court in criminal proceedings in respect of which a warrant for civil diligence has been issued, arrears of maintenance and the expenses of current maintenance arrestments) other than current maintenance;
“pay-day” means a day on which the employer of a debtor pays earnings to the debtor;
“sheriff”, in relation to an application—
under section 50(1) or (3), 55(1), (2) or (5) or 57(6) of this Act, means the sheriff having jurisdiction—
over the place where the earnings arrestment or the current maintenance arrestment to which the application relates was executed; or
if that place is unknown to the applicant, over an established place of business of the debtor’s employer;
under section 59(5) or 62(4), means the sheriff having jurisdiction over the place where a creditor serves an earnings arrestment or a current maintenance arrestment schedule in relation to an arrestment which is not competent by reason of section 59 or 62 of this Act;
under section 60(2), means the sheriff having jurisdiction over
the place where the debtor is principally employed;
where that place is outside Scotland, any other place where the debtor is employed; or
where neither sub-paragraph (i) nor sub-paragraph (ii) above applies, the place where the debtor is domiciled.
under section 60(9)(c), 62(5), 65 or 66 means the sheriff who made the conjoined arrestment order;
“specified rate”, in relation to interest—
included in a decree, order or extract, means the rate specified in such decree, order or extract (or deemed to be so specified by virtue of section 9 of the Sheriff Courts (Scotland) Extracts Act 1892);
not included in a decree, order or extract, means the rate for the time being specified by virtue of that section.
(2) Subject to subsection (3) below, in this Part of this Act “earnings” means any sums payable to the debtor—
(a) as wages or salary;
(b) as fees, bonuses, commission or other emoluments payable under a contract of service or apprenticeship;
(c) as a pension, including a pension declared to be alimentary, an annuity in respect of past services, (whether or not the services were rendered to the person paying the annuity), and any periodical payments of compensation for the loss, abolition, relinquishment, or diminution in earnings of any office or employment; or
(d) as statutory sick pay.
(3) The following shall not be treated as earnings—
(a) a pension or allowance payable in respect of disablement or disability;
(b) any sum the assignation of which is precluded by section 356 of the Armed Forces Act 2006 unless it is a sum consisting of pay or allowance payable by his employer to him as a special member of a reserve force (within the meaning of the Reserve Forces Act 1996);
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) any occupational pension payable under any enactment which precludes the assignation of the pension or exempts it from diligence;
(da) a tax credit (within the meaning of the Tax Credits Act 2002);
(e) a pension, allowance or benefit payable under any enactment relating to social security;
(f) a guaranteed minimum pension within the meaning of the Social Security Pensions Act 1975;
(g) a redundancy payment within the meaning of the Employment Rights Act 1996.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) Any question arising as to who is the chief officer in Scotland of a department or body referred to in paragraph (b) of the definition of “employer” in subsection (1) above shall be referred to and determined by the Minister for the Civil Service, and a document purporting to set out a determination of the Minister and signed by an official of the Minister shall be sufficient evidence of that determination.
73A Arrestment and action of furthcoming to proceed only on decree or document of debt
(1) Arrestment and action of furthcoming or sale shall be competent only in execution of—
(a) subject to subsection (2) below, a decree; or
(b) a document of debt.
(2) Arrestment and action of furthcoming or sale in execution of a summary warrant shall be competent only if—
(a) the debtor has been charged to pay the debt due by virtue of the summary warrant; and
(b) the period for payment specified in the charge has expired without payment being made.
(3) Any rule of law, having effect immediately before the coming into force of this section, as to the decrees or documents on which arrestment and action of furthcoming or sale can proceed shall, in so far as inconsistent with this section, cease to have effect.
(4) In this Part of this Act—
“decree” means—
a decree of the Court of Session, of the High Court of Justiciary or of the sheriff;
a decree of the Court of Teinds;
a summary warrant;
a civil judgment granted outside Scotland by a court, tribunal or arbiter which by virtue of any enactment or rule of law is enforceable in Scotland;
...
an order or determination which by virtue of any enactment is enforceable as if it were an extract registered decree arbitral bearing a warrant for execution issued by the sheriff;
a warrant granted, in criminal proceedings, for enforcement by civil diligence; or
a liability order within the meaning of section 33(2) of the Child Support Act 1991 (c. 48),
being a decree, warrant, judgment, order or determination which, or an extract of which, authorises arrestment and action of furthcoming or sale; and
“document of debt” means—
a document registered for execution in the Books of Council and Session or the sheriff court books; ...
a document or settlement which by virtue of an Order in Council under section 13 of the Civil Jurisdiction and Judgments Act 1982 (c. 27) is enforceable in Scotland,
...
a maintenance arrangement (within the meaning of Article 3(e) of the Hague Convention) which is registered in the sheriff court under the Hague Convention,
being a document, settlement, instrument or arrangement which, or an extract of which, authorises arrestment and action of furthcoming or sale.
(5) The Scottish Ministers may, by order, modify the definitions of “decree” and “document of debt” in subsection (4) above so as to—
(a) add or remove types of decree or document to or, as the case may be, from those referred to in that provision; or
(b) vary any of the descriptions of the types of decree or document there referred to.
73B Schedule of arrestment to be in prescribed form
(1) This section applies where a creditor arrests in execution of —
(a) a decree and the creditor has not executed an arrestment on the dependence of the action; or
(b) a document of debt.
(2) The schedule of arrestment used in executing the arrestment shall be in (or as nearly as may be in) the form prescribed by the Scottish Ministers by regulations.
73C Arrestment on the dependence followed by decree
(1) This section applies where a creditor obtains a decree (in this Part of this Act referred to as a “final decree”) in an action on the dependence of which the creditor has executed an arrestment.
(2) The creditor shall, as soon as reasonably practicable, serve a copy of that final decree, in (or as nearly as may be in) the form prescribed by Act of Sederunt, on the arrestee.
(1) This section applies where—
(a) a creditor—
(i) obtains a final decree in an action on the dependence of which the creditor has executed an arrestment; or
(ii) arrests in execution of a decree or document of debt; and
(b) the debtor is an individual.
(2) The creditor shall, during the period of 48 hours beginning with the time at which the copy of the final decree is served under section 73C(2) of this Act or, as the case may be, the time at which the schedule of arrestment is served, provide the debtor with a debt advice and information package.
(3) Where the creditor fails to comply with subsection (2) above, the arrestment shall cease to have effect or, as the case may be, shall be incompetent.
(4) In this section, “debt advice and information package” has the meaning given by section 47(4) of this Act.
(1) Subsections (2) to (5) below apply—
(a) where a creditor arrests in execution of —
(i) a decree and the creditor has not executed an arrestment on the dependence of the action; or
(ii) a document of debt; and
(b) only to the extent that the arrestee holds funds due to the debtor the value of which, at the time the arrestment is executed, is or can be ascertained (whether or not that arrestee also holds other moveable property of the debtor).
(2) Subject to subsection (4) below and to section 73F of this Act, the funds mentioned in subsection (1)(b) above attached by the arrestment shall be the lesser of—
(a) the sum due by the arrestee to the debtor; or
(b) the aggregate of—
(i) the principal sum, in relation to which the decree or document is executed, owed by the debtor to the creditor;
(ii) any judicial expenses chargeable against the debtor by virtue of the decree;
(iii) the expenses of executing the arrestment;
(iv) interest on the principal sum up to and including the date of service of the schedule of arrestment;
(v) the interest on the principal sum which would be accrued in the period of 1 year beginning with the day after the date mentioned in sub-paragraph (iv) above;
(vi) any interest on the expenses of executing the arrestment which is chargeable against the debtor; and
(vii) any sum prescribed under subsection (3) below.
(3) The Scottish Ministers may, by regulations, prescribe a sum which appears to them to be reasonable having regard to the average expenses likely to be incurred and chargeable against a debtor in a typical action of furthcoming.
(4) Where—
(a) the arrestee holds both funds due to and other moveable property of the debtor; and
(b) the sum mentioned in paragraph (b) of subsection (2) above exceeds the sum mentioned in paragraph (a) of that subsection,
the arrestment shall, in addition to the funds equal to the sum mentioned in that paragraph (a), attach the whole moveable property so held.
(5) Except as provided for in subsection (4) above, an arrestment to which this section applies shall not attach any moveable property of the debtor other than the sum attached under subsection (2) above.
(6) Where, in a case to which subsections (2) to (5) above apply—
(a) in addition to the funds mentioned in subsection (1)(b) above, the arrestee holds funds due to the debtor the value of which is not or cannot be ascertained; and
(b) the sum mentioned in paragraph (a) of subsection (2) above exceeds the sum mentioned in paragraph (b) of that subsection,
the arrestment shall not attach any of the funds mentioned in paragraph (a) above.
73F Protection of minimum balance in certain bank accounts
(1) Subject to subsection (2) below, this section applies where—
(a) a creditor arrests—
(i) in pursuance of a warrant granted for diligence on the dependence of an action; or
(ii) in execution of a decree or document of debt;
(b) the arrestment attaches funds standing to the credit of a debtor in an account held by a bank or other financial institution; and
(c) the debtor is an individual.
(2) This section does not apply where the account is—
(a) held in the name of a company, a limited liability partnership, a partnership or an unincorporated association; or
(b) operated by the debtor as a trading account.
(3) The arrestment shall—
(a) in a case where the sum standing to the credit of the debtor exceeds the sum of £1,000, attach only the balance above that sum; and
(b) in any other case, attach no funds.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In subsection (1) above, “bank or other financial institution” means—
(a) the Bank of England;
(b) a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits;
(c) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that schedule (as a result of qualifying for authorisation under paragraph 12 of that schedule) to accept deposits; or
(d) a person who is exempt from the general prohibition in respect of accepting deposits as a result of an exemption order made under section 38(1) of that Act,
and the expressions in this definition shall be read with section 22 of that Act, any relevant order made under that section and Schedule 2 to that Act.
(6) The Scottish Ministers may, by regulations—
(a) modify subsection (2) above so as to—
(i) add or remove types of account to or, as the case may be, from those referred to in that paragraph; or
(ii) vary any of the descriptions of the types of account there referred to; ...
(aa) vary the protected minimum sum mentioned in subsection (3)(a), and
(b) modify the definition of “bank or other financial institution” in subsection (5) above so as to—
(i) add or remove types of financial institution to or, as the case may be, from those referred to in that provision; or
(ii) vary any of the descriptions of the types of institution there referred to.
(1) This section applies where a creditor arrests—
(a) in pursuance of a warrant granted for diligence on the dependence of an action; or
(b) in execution of a decree or document of debt.
(2) The arrestee shall, before the expiry of the period mentioned in subsection (3) below, send to the creditor in (or as nearly as may be in) the form prescribed by the Scottish Ministers by regulations, the information mentioned in subsection (4) below.
(3) The period referred to in subsection (2) above is the period of 3 weeks beginning with the day on which the arrestment is executed.
(4) The information referred to in subsection (2) above is—
(a) where any property, other than funds due to the debtor, is attached—
(i) the nature of that property; and
(ii) the value of it in so far as known to the arrestee; and
(b) where any such funds are attached, the nature and value of those funds.
(5) The arrestee shall, at the same time as sending, under subsection (2) above, the information to the creditor, send a copy of it to—
(a) the debtor; and
(b) in so far as known to the arrestee, any person—
(i) who owns or claims to own attached property; or
(ii) to whom attached funds are or are claimed to be due,
solely or in common with the debtor.
(1) Where an arrestee fails without reasonable excuse to send the prescribed form under section 73G(2) of this Act, the sheriff may, on the application of the creditor, make an order requiring the arrestee to pay to the creditor—
(a) the sum due to the creditor by the debtor; or
(b) the sum mentioned in section 73F(4) of this Act,
whichever is the lesser.
(2) Where the arrestee fails to send the prescribed form in relation to an arrestment on the dependence of an action, the sheriff—
(a) may not make an order under subsection (1) above until the creditor has served a copy of the final decree under section 73C(2) above; and
(b) may deal with the failure as a contempt of court.
(3) Where a sum is paid by virtue of an order under subsection (1) above—
(a) the debt owed by the debtor to the creditor shall be reduced by that sum; and
(b) the arrestee shall not be entitled to recover that sum from the debtor.
(4) An arrestee aggrieved by an order under subsection (1) above may, before the expiry of the period of 2 weeks beginning with the day on which the order is made, appeal, on point of law only, to the sheriff principal, whose decision shall be final.
(1) This section applies where—
(a) a creditor—
(i) obtains a final decree in an action on the dependence of which the creditor has executed an arrestment; or
(ii) arrests in execution of a decree or document of debt; and
(b) the arrestment attaches funds which are due to the debtor (whether or not it also attaches other moveable property of the debtor).
(2) Subject to section 73L of this Act, the arrestee—
(a) shall, on the expiry of the period mentioned in subsection (3) below, release to the creditor, from the attached funds, a sum calculated in accordance with section 73K of this Act; and
(b) may, where a mandate authorises the arrestee to do so, release that sum before the expiry of that period.
(3) The period referred to in subsection (2) above is the period of 14 weeks beginning with the date of service of a copy of the final decree under section 73C(2) of this Act or, as the case may be, the date of service of the schedule of arrestment.
(4) In this section and in sections 73K to 73P of this Act, references to funds or sums due to or by any person do not include references to funds or sums due in respect of future or contingent debts.
The sum released under section 73J(2) of this Act is the lowest of—
(a) the sum attached by the arrestment;
(b) the sum due by the arrestee to the debtor; or
(c) the aggregate of—
(i) the principal sum, in relation to which the decree or document is executed or, as the case may be, which is decerned for in the final decree, owed by the debtor to the creditor;
(ii) any judicial expenses chargeable against the debtor by virtue of the decree or final decree;
(iii) the expenses of executing the arrestment;
(iv) interest on the principal sum up to and including the date of service of the schedule of arrestment or, as the case may be, the date of the final decree;
(v) the interest on the principal sum which would be accrued in the period beginning with the day after the date mentioned in sub-paragraph (iv) above and ending on the day on which the funds are released under section 73J(2) of this Act; and
(vi) any interest on the expenses of executing the arrestment which is chargeable against the debtor.
(1) No funds may be released under section 73J(2) of this Act where—
(a) a person mentioned in subsection (2) below applies, by notice of objection, to the sheriff under section 73M(1) of this Act;
(b) the debtor applies to the sheriff under section 73Q(2) of this Act;
(c) an action of multiplepoinding is raised in relation to the funds attached by the arrestment; or
(d) the arrestment is—
(i) recalled;
(ii) restricted; or
(iii) otherwise ceases to have effect.
(2) The persons referred to in subsection (1)(a) above are—
(a) the debtor;
(b) the arrestee; and
(c) any other person to whom the funds are due solely or in common with the debtor (in this section and in sections 73M and 73N of this Act, the “third party”).
(1) Where section 73J of this Act applies—
(a) the debtor;
(b) the arrestee; or
(c) a third party,
may, by notice of objection, apply to the sheriff for an order recalling or restricting the arrestment.
(2) The notice of objection referred to in subsection (1) above shall—
(a) be in (or as nearly as may be in) the form prescribed by Act of Sederunt;
(b) be given to the persons mentioned in subsection (3) below before the expiry of the period of 4 weeks beginning with the date of service of a copy of the final decree under section 73C(2) of this Act or, as the case may be, the date of service of the schedule of arrestment; and
(c) specify one or more of the grounds of objection mentioned in subsection (4) below.
(3) The persons referred to in subsection (2)(b) above are—
(a) the creditor;
(b) the sheriff clerk;
(c) the debtor or, as the case may be, the arrestee; and
(d) in so far as known to the person objecting, any third party.
(4) The grounds of objection referred to in subsection (2)(c) above are—
(a) the warrant in execution of which the arrestment was executed is invalid;
(b) the arrestment has been executed incompetently or irregularly;
(c) the funds attached are due to the third party solely or in common with the debtor.
(5) Where a person applies by notice of objection under subsection (1) above, that person may not, subject to subsection (6) below, raise—
(a) an action of multiplepoinding; or
(b) subject to subsection (7) below, any other proceedings,
in relation to the funds attached.
(6) Subsection (5) above is without prejudice to the right of the person—
(a) to enter any such action or proceedings raised by any other person; and
(b) to raise such an action or proceedings where the sheriff makes, under section 73N(5) of this Act, an order sisting the proceedings on the objection.
(7) A debtor who applies by notice of objection under subsection (1) above may apply to the sheriff under section 73Q(2) of this Act and, in such a case, the sheriff may deal with both applications at one hearing.
(1) Subject to subsection (5) below, before the expiry of the period of 8 weeks beginning with the day on which an application by notice of objection is made under section 73M(1) of this Act, the sheriff shall hold a hearing to determine the objection.
(2) At the hearing under subsection (1) above, the sheriff shall not make any order without first giving—
(a) the creditor;
(b) the arrestee;
(c) the debtor; and
(d) any third party,
an opportunity to be heard.
(3) Where the sheriff upholds the objection, the sheriff may make an order recalling or restricting the arrestment.
(4) Where the sheriff rejects the objection, the sheriff may make an order requiring a sum determined in the order to be released to the creditor—
(a) in a case where the period mentioned in section 73J(3) of this Act has not expired, on the expiry of that period; or
(b) in any other case, as soon as reasonably practicable after the date on which the order is made.
(5) Where—
(a) the sheriff is satisfied that it is more appropriate for the matters raised at the hearing to be dealt with by—
(i) an action of multiplepoinding; or
(ii) other proceedings,
raised in relation to the funds attached; or
(b) at any time before a decision is made under subsections (3) or (4) above, such an action is or other proceedings are raised,
the sheriff shall make an order sisting the proceedings on the objection.
(6) The sheriff may make such other order as the sheriff thinks fit.
(7) Where the sheriff makes an order under this section, the sheriff shall order the person who objected to intimate that order to such of the persons mentioned in subsection (2) above as the sheriff thinks fit.
(8) A person aggrieved by a decision of the sheriff under this section may, before the expiry of the period of 14 days beginning with the day on which the decision is made, appeal, on point of law only, to the sheriff principal, whose decision shall be final.
73P Arrestee not liable for funds released in good faith
Where an arrestee releases funds under section 73J(2) of this Act in good faith but—
(a) the warrant in execution of which the arrestment was executed is invalid; or
(b) the arrestment was incompetently or irregularly executed,
the arrestee is not liable to the debtor or to any other person having an interest in the funds for damages for patrimonial loss caused by the release of funds.
73Q Application for release of property where arrestment unduly harsh
(1) This section applies where—
(a) a creditor—
(i) obtains final decree in an action on the dependence of which the creditor executed an arrestment; or
(ii) arrests in execution of a decree or document of debt; and
(b) the arrestment attaches funds due to or other moveable property of the debtor.
(2) The debtor may apply to the sheriff for an order—
(a) providing that the arrestment ceases to have effect in relation to—
(i) the funds or other property attached; or
(ii) so much of those funds or that property as the sheriff specifies; and
(b) requiring the arrestee to release the funds or property to the debtor.
(3) An application under subsection (2) above shall be—
(a) in (or as nearly as may be in) the form prescribed by Act of Sederunt;
(b) made at any time during which the arrestment has effect; and
(c) intimated to—
(i) the creditor;
(ii) the arrestee; and
(iii) any other person appearing to have an interest.
73R Hearing on application under section 73Q for release of property
(1) At the hearing on an application under section 73Q(2) of this Act, the sheriff shall not make any order without first giving—
(a) the creditor;
(b) the arrestee; and
(c) any other person appearing to the court to have an interest,
an opportunity to be heard.
(2) Subject to subsection (3) below, if the sheriff is satisfied that the arrestment is unduly harsh—
(a) to the debtor; or
(b) where the debtor is an individual, to any person such as is mentioned in subsection (4) below,
the sheriff shall make an order such as is mentioned in section 73Q(2) of this Act.
(3) Before making an order under subsection (2) above the sheriff shall have regard to all the circumstances including, in a case where the debtor is an individual and funds are attached—
(a) the source of those funds; and
(b) where the source of those funds is or includes earnings, whether an earnings arrestment, current maintenance arrestment or conjoined arrestment order is in effect in relation to those earnings.
(4) The persons referred to in subsection (2)(b) above are—
(a) a spouse of the debtor;
(b) a person living together with the debtor as husband and wife;
(c) a civil partner of the debtor;
(d) a person living with the debtor in a relationship which has the characteristics of the relationship between a husband and wife except that the person and the debtor are of the same sex;
(e) a child of the debtor under the age of 16 years, including—
(i) a stepchild; and
(ii) any child brought up or treated by the debtor or any person mentioned in paragraph (b), (c) or (d) above as a child of the debtor or, as the case may be, that person.
(5) Where the sheriff refuses to make an order under subsection (2) above, the sheriff may, in a case where funds are attached, make an order requiring a sum determined in the order to be released to the creditor—
(a) in a case where the period mentioned in section 73J(3) of this Act has not expired, on the expiry of that period; or
(b) in any other case, as soon as reasonably practicable after the date on which the order is made.
(6) Where the sheriff makes an order under this section, the sheriff shall order the debtor to intimate that order to the persons mentioned in subsection (1) above.
(7) A person aggrieved by a decision of the sheriff under this section may, before the expiry of the period of 14 days beginning with the day on which the decision is made, appeal, on point of law only, to the sheriff principal, whose decision shall be final.
(1) A mandate authorising an arrestee to pay over any funds or hand over other property attached by an arrestment shall be in (or as nearly as may be in) the form prescribed by the Scottish Ministers by regulations.
(2) A mandate which is not in (or as nearly as may be in) the prescribed form is invalid.
(3) Where—
(a) a mandate is invalid by virtue of subsection (2) above; but
(b) the arrestee pays over funds or hands over other property in accordance with that mandate,
the arrestee is not liable to the debtor or to any other person having an interest in the funds or property for damages for patrimonial loss caused by paying over the funds or handing over the property provided the arrestee acted in good faith.
(1) The enactments mentioned in Schedule 4 to this Act shall have effect subject to the amendments specified therein.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) No person shall be imprisoned for failure to pay rates or any tax.
(4) Section 248 of the Local Government (Scotland) Act 1947 (priority of claims for rates over other claims) is hereby repealed.
(5) The following provisions of the Exchequer Court (Scotland) Act 1856 are hereby repealed—
(a) in section 28 (extracts of exchequer decrees), the words from “except that” to the end;
(b) sections 29 to 34 (special modes of diligence for the enforcement of Crown debts);
(c) section 36 (effects of deceased Crown debtor may be attached by arrestment or poinding);
(d) section 42 (preference of Crown over other creditors).
75 Regulation of organisation, training, conduct and procedure.
(1) The Court of Session may, by Act of Sederunt, in respect of officers of court—
(a) regulate their organisation;
(b) regulate their training and the qualifications required to obtain a commission as messenger-at-arms or sheriff officer;
(c) regulate their conduct in exercising their official functions;
(d) regulate the scope of their official functions;
(e) make provision prohibiting the undertaking by them of activities other than their official functions (referred to in this Part of this Act as “extra-official activities”) which appear to the Court to be incompatible with their official functions;
(f) make provision permitting the undertaking by them for remuneration of other extra-official activities, not appearing to the Court to be incompatible as aforesaid, and the Act of Sederunt may attach conditions to any such permission;
(fa) regulate their conduct in exercising their extra-official functions;
(g) prescribe the procedure in respect of applications for a commission as messenger-at-arms under section 77 of this Act or as sheriff officer;
(h) prescribe the procedure in disciplinary proceedings against them under section 79 of this Act, and provide for the remit of any such proceedings from the Court of Session to a sheriff principal, from one sheriff principal to another sheriff principal and from a sheriff principal to the Court of Session;
(ha) prescribe the procedure in relation to an appeal under section 82 of this Act;
(j) make provision about their accounts and finances including the keeping and auditing of those accounts;
(k) make provision for the keeping of records by them and the inspection of those records;
(l) make provision in respect of the finding of caution by them;
(m) make such other provision as may appear to the Court to be appropriate.
(2) No extra-official activity (not being an activity prohibited or regulated by an Act of Sederunt made under subsection (1)(e) or (f) above) may be undertaken by an officer of court for remuneration unless the officer of court obtains the permission of the sheriff principal from whom he holds a commission to his undertaking the activity, but the sheriff principal shall not withhold such permission unless it appears to him that the undertaking by the officer of court of the activity would be incompatible with the officer of court’s official functions.
(3) The sheriff principal may attach conditions to , or revoke, any permission granted by him under subsection (2) above.
(1) There shall be a body, (to be known as “the Advisory Council on Messengers-at-Arms and Sheriff Officers” and in this section referred to as “the Advisory Council”) whose duties shall be to advise the Court of Session on the making of Acts of Sederunt under section 75 of this Act and generally to keep under review all matters relating to officers of court.
(2) The Advisory Council shall consist of—
(a) the following persons appointed by the Lord President of the Court of Session—
(i) a judge of the Court of Session who shall act as chairman;
(ii) 2 sheriffs principal;
(iii) 2 officers of court; ...
(iv) 2 solicitors; and
(v) such other persons (not falling within sub-paragraphs (i) to (iv) above) as the Lord President considers appropriate.
(b) one person appointed by the Lord Advocate; and
(c) the Lord Lyon King of Arms.
(3) The secretary of the Advisory Council shall be appointed by the Secretary of State.
(4) Subject to subsections (5) and (6) below, the members of the Advisory Council appointed under paragraphs (a) and (b) of subsection (2) above shall hold office for 3 years and be eligible for reappointment.
(5) Subsection (4) above applies to members of the Advisory Council appointed under sub-paragraphs (i) to (iv) of paragraph (a) of subsection (2) above only so long as they respectively retain the offices or, as the case may be, qualification specified in those sub-paragraphs.
(6) If the Lord President or, as the case may be, the Lord Advocate is satisfied that a person appointed by him under subsection (2) above has ceased to be a fit and proper person to hold the appointment, he may terminate that person’s appointment.
(7) Where a member of the Advisory Council appointed under subsection (2)(a)(i) to (iv) or (b) above ceases to be a member (whether by resignation or otherwise) prior to the expiry of 3 years after the date of his appointment or reappointment, the vacancy shall be filled by appointment of another person holding the same office or, as the case may be, possessing the same qualification.
(8) Subject to subsection (6) above, any person appointed in pursuance of subsection (7) above to fill a vacancy shall remain a member of the Advisory Council only until the expiry of 3 years after the date of the appointment or reappointment of the member whom he succeeded, but shall be eligible for reappointment.
(9) The Advisory Council shall have power to regulate the summoning of its meetings and the procedure at such meetings; and at any such meetings 3 members shall be a quorum.
(1) The Court of Session, on an application made under this section by a sheriff officer, may find the applicant suitable to be appointed as a messenger-at-arms and recommend such appointment to the Lord Lyon King of Arms; and, on receipt of such a recommendation, the Lord Lyon King of Arms may grant the applicant a commission as a messenger-at-arms.
(2) A messenger-at-arms shall not be authorised by his commission as messenger-at-arms to execute a warrant granted by a sheriff or sheriff clerk.
(3) A messenger-at-arms shall cease to be entitled to hold a commission as messenger-at-arms if he no longer holds a commission as a sheriff officer.
(4) Any rule of law and any other enactment regulating the appointment of messengers-at-arms shall cease to have effect.
(1) This section applies where—
(a) a report under section 66(3) of the Bankruptcy and Diligence etc. (Scotland) Act 2007 (asp 3) (in this Part “the 2007 Act”) discloses that any officer of court may have been guilty of misconduct;
(b) a report by a sheriff or a complaint by any other person is made—
(i) to the Court of Session alleging misconduct by a messenger-at-arms;
(ii) to the sheriff principal from whom a sheriff officer holds a commission alleging misconduct by the officer;...
(ba) details of a complaint about an officer of court are sent to the Lord President of the Court of Session or a sheriff principal under section 64 of the 2007 Act;
(c) any judge of the Court of Session, or a sheriff principal, has reason to believe that an officer of court may have been guilty of misconduct; or
(d) any judge of the Court of Session, or a sheriff principal—
(i) becomes aware (whether by notification under subsection (1) of section 62 of the 2007 Act or otherwise) that an event mentioned in subsection (2) of that section has occurred in respect of an officer of court; and
(ii) considers that the occurrence of that event or the circumstances surrounding it, although falling short of misconduct and not involving the commission of an offence, gives rise to concerns about the officer, the officer's exercise of official functions or the officer's undertaking of extra-official activities.
(2) Where this section applies, a judge nominated by the Lord President of the Court of Session, or the sheriff principal, after giving the officer of court an opportunity to admit or deny the misconduct or to give an explanation of the matter, may appoint a solicitor to investigate the matter unless the officer of court—
(a) admits the misconduct in writing, or
(b) gives a satisfactory explanation of the matter.
(3) Where the solicitor after carrying out an investigation in pursuance of subsection (2) above is of the opinion—
(a) that there is a probable case of misconduct and that there is evidence sufficient to justify proceedings, disciplinary proceedings shall be brought at his instance against the officer of court before the relevant court;
(b) that there is not a probable case of misconduct or that there is insufficient evidence to justify proceedings, he shall report that fact to the relevant court.
(4) The solicitor shall be entitled to a fee, and to payment of his outlays incurred, in connection with an investigation, and any disciplinary proceedings brought by him, under this section.
(5) The relevant court may award expenses in any disciplinary proceedings brought under this section in favour of or against either party to the proceedings; and for the purposes of this subsection and section 45 of the Crown Proceedings Act 1947 the party bringing the proceedings shall be deemed to be the Lord Advocate.
(6) Where expenses are awarded under subsection (5) above in favour of—
(a) the officer of court, the expenses shall be recoverable by him from the Lord Advocate;
(b) the Lord Advocate, the expenses shall be recoverable from the officer of court by the Lord Advocate.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) In this section “the relevant court” means whichever of the Court of Session or the sheriff principal made the appointment under subsection (2) above.
(9) In this section and section 80 of this Act “misconduct” includes
(a) conduct tending to bring the office of messenger-at-arms or sheriff officer into disrepute;
(b) failure to notify the Lord President of the Court of Session or the sheriff principal under subsection (1) of section 62 of the 2007 Act of the occurrence of an event mentioned in subsection (2) of that section;
(c) failure to provide information mentioned in subsection (1A) of section 63 of that Act required by virtue of regulations made under subsection (1) of that section;
(d) failure to comply with any code of practice or revised code of practice published under section 63A of that Act; and
(e) where a fee is due by virtue of rules made under subsection (1) of section 65A of that Act and a date as mentioned in subsection (2)(a) of that section has been specified by the rules, failure to pay the fee within 3 months of that date.
80 Courts’ powers in relation to offences or misconduct.
(1) Where the Court of Session becomes aware that a messenger-at-arms has been convicted by a court of any offence, it may make
(a) an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order, or deprived of office;
(b) an order mentioned in paragraph (aa) or (c) of subsection (5) below.
(2) Where the sheriff principal from whom a sheriff officer holds a commission becomes aware that the sheriff officer has been convicted by a court of any offence, the sheriff principal may make
(a) an order suspending the sheriff officer from practice for such period as may be specified in the order, or depriving him of office, in that sheriffdom;
(b) an order in relation to the sheriff officer of a kind mentioned in paragraph (aa) or (c) of subsection (5) below.
(3) Subsections (1) and (2) above are without prejudice to section 4(3)(b) of the Rehabilitation of Offenders Act 1974; and in those subsections “offence” means any offence of which the officer of court has been convicted before or after he was granted a commission as an officer of court, other than any offence disclosed in his application for such a commission.
(3A) Where—
(a) a solicitor is appointed to investigate a matter in respect of a messenger-at-arms under section 79(2) of this Act; or
(b) the Court of Session becomes aware that a messenger-at-arms has been charged with an offence,
the Court of Session may make an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order or in an order extending such period.
(3B) Where—
(a) a solicitor is appointed to investigate a matter in respect of a sheriff officer under section 79(2) of this Act; or
(b) the sheriff principal from whom a sheriff officer holds a commission becomes aware that the sheriff officer has been charged with an offence,
the sheriff principal may make an order suspending the officer from practice for such period as may be specified in the order or in an order extending such period in that sheriffdom.
(4) Where—
(a) a messenger-at-arms admits in writing that he is guilty of misconduct; or
(b) the Court of Session at the end of disciplinary proceedings under section 79(3)(a) of this Act is satisfied that a messenger-at-arms is guilty of misconduct,
the Court of Session may make one or more of the orders specified in subsection (5) below.
(4A) Where the Court of Session at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a messenger-at-arms is founded, the Court of Session may make an order under paragraph (a) or (aa) of subsection (5) below.
(5) The orders referred to in subsection (4) above are—
(a) an order finding that the messenger-at-arms should be suspended from practice for such period as may be specified in the order, or deprived of office;
(aa) an order restricting—
(i) the functions which the messenger-at-arms may exercise; or
(ii) the activities which the messenger-at-arms may undertake,
for such period as may be specified in the order;
(b) an order imposing a fine on the messenger-at-arms not exceeding £2,500 or such sum as may be prescribed in regulations made by the Lord Advocate;
(c) an order censuring the messenger-at-arms;
(d) if the misconduct consists of, or includes, the charging of excessive fees or outlays, an order decerning for repayment by the messenger-at-arms of the fees or outlays, to the extent that they were excessive, to the person who paid them.
(6) Where—
(a) a sheriff officer admits in writing that he is guilty of misconduct; or
(b) the sheriff principal at the end of disciplinary proceedings under section 79(3)(a) of this Act is satisfied that a sheriff officer is guilty of misconduct,
the sheriff principal may make one or more of the orders specified in subsection (7) below.
(6A) Where the sheriff principal at the end of disciplinary proceedings brought under subsection (3) of section 79 of this Act is satisfied that a concern mentioned in subsection (1)(d)(ii) of that section in relation to a sheriff officer is founded, the sheriff principal may make, in relation to the sheriff officer, an order—
(a) of a kind mentioned in paragraph (aa) of subsection (5) above; or
(b) under paragraph (a) of subsection (7) below.
(7) The orders referred to in subsection (6) above are—
(a) an order suspending the sheriff officer from practice for such period as may be specified in the order, or depriving him of office, in that sheriffdom;
(b) an order in relation to the sheriff officer of a kind mentioned in subsection (5)(aa), (b), (c) or (d) above.
(8) Where an officer of court fails to comply with an order under this section imposing a fine on him, the Court of Session or, as the case may be, the sheriff principal may make an order—
(a) decerning for payment of the fine, and an extract of any such order shall contain a warrant in the form prescribed by Act of Sederunt which shall have the same effect as an extract of a decree for payment of money pronounced by the Court of Session; or
(b) of the kind specified in subsection (5)(a) or, as the case may be, (7)(a) above.
(9) Any fine imposed under this section shall be recoverable by the Lord Advocate.
(1) The Court of Session shall cause intimation to be made of any order of the Court of Session under section 80(1)(a), (3A), (4), (4A) or (8)(b) of this Act to—
(a) every sheriff principal from whom the messenger-at-arms holds a commission as a sheriff officer;
(b) the Lord Lyon King of Arms;
(c) the professional association designated under section 63(1) of the 2007 Act.
(2) The sheriff principal shall cause intimation to be made of any order made by him under section 80(2)(a), (3B), (6), (6A) or (8)(b) of this Act—
(a) to every other sheriff principal from whom the sheriff officer holds a commission as a sheriff officer; ...
(b) if the sheriff officer is a messenger-at-arms, to the Court of Session and the Lord Lyon King of Arms, and
(c) the professional association designated under section 63(1) of the 2007 Act.
(3) On intimation under this section of an order under section 80(1)(a), (2)(a), (3A), (3B) or (8)(b) of this Act or of an order under subsection (4) or (6) of that section specified respectively in subsection (5)(a) or (7)(a) thereof or of an order under subsection (4A) or (6A) of that section specified respectively in subsection (5)(a) or (7)(a) thereof—
(a) to a sheriff principal, he shall make an order suspending the sheriff officer concerned from practice until the expiry of the period for which he has been suspended by the order so intimated, or (as the case may be) depriving him of office, in the sheriffdom;
(b) to the Lord Lyon King of Arms, he shall—
(i) in the case of an order intimated under subsection (1) above, suspend the messenger-at-arms concerned from practice for the period specified in the order or (as the case may be) deprive him of office; or
(ii) in the case of an order intimated under subsection (2) above, suspend the messenger-at-arms from practice until the expiry of the period for which he has been suspended by the order so intimated or (as the case may be) deprive him of office.
(4) It shall not be competent for the Lord Lyon King of Arms to discipline a messenger-at-arms or suspend him from practice or deprive him of office except in accordance with subsection (3)(b) above.
82 Appeals from decisions under sections 77, 79 and 80.
...
(1) An appeal to the Inner House of the Court of Session may be made against any decision of a Lord Ordinary or a sheriff principal undersection 77(1), section 79(5) or section 80(1), (2), (3A), (3B), (4), (4A), (6), (6A) or (8)(b) of this Act
(2) The decision of the Inner House on an appeal under subsection (1) shall be final.