Messenger-at-arms

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A messenger-at-arms is an officer of the Scottish Court of Session, responsible for serving documents and enforcing court orders throughout Scotland. Messengers-at-arms must have a commission as a sheriff officer although, unlike sheriff officers, the jurisdiction of a messenger-at-arms is not limited to the area for which they have a commission.[1] Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt.[2] [3]

Originally known as an "Officer of the King", the office of messenger-at-arms dates back several hundred years. Messengers-at-arms have been under the control of the Lord Lyon King of Arms since at least 1510, and are still appointed by Lord Lyon, although now on the recommendation of the Court of Session, to execute summonses and letters of diligence connected with the Court of Session and High Court of Justiciary.[4]

Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 will abolish the offices of messenger-at-arms and sheriff officer and replace them by a new office of "judicial officer". Judicial officers will hold a commission from the Lord President of the Court of Session under section 57 of the Act, granted on the recommendation of the Scottish Civil Enforcement Commission.[5]

[edit] References

  1. ^ Messengers-at-Arms and Sheriff Officers: Background. The Society of Messengers-at-Arms and Sheriff Officers. Retrieved on 2007-11-23.
  2. ^ Service by messenger-at-arms: Chapter 16 - Part One - Service, intimation and diligence. Scottish Court Service. Retrieved on 2007-11-23.
  3. ^ Act of Sederunt (Fees of Messengers-at-Arms) 2004 : Scottish Statutory Instrument 2004 No. 515. Office of Public Sector Information. Retrieved on 2007-11-26.
  4. ^ The History of the Profession: Background. The Society of Messengers-at-Arms and Sheriff Officers. Retrieved on 2007-11-23.
  5. ^ Bankruptcy and Diligence etc. (Scotland) Act 2007: Section 60 - Abolition of offices of messenger-at-arms and sheriff officer. UK Statute Law Database. Retrieved on 2007-11-23.

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