Profession & Jurisdiction

Question 1

What act covers Sheriff Officer rules?

Answer 1

Act of Sederunt Messenger-at-Arms & Sheriff Officer Rules 1991

Question 2

What form is the application to become a Sheriff Officer?

Answer 2

Summary Application
Form 2

Question 3

How long do you have to train to become a Sheriff Officer?

Answer 3

3 years

Question 4

If you are a Sheriff Officer what can you NOT also be?

Answer 4

House Factor
Police Officer
Auctioneer
Money Lender
Member of UK/ EU Parliament
Member of Law Society of Scotland

Question 5

What type of insurance does a Sheriff Officer need?

Answer 5

Professional Indemnity not less than 100K

Question 6

When must a Sheriff Officer present their ID?

Answer 6

Whenever requested to do so

Question 7

Where can an SO carry out their duties?

Answer 7

1. Within the sheriffdom they are commissioned
2. They can execute a warrant which comes from a court where they are commissioned

Question 8

You hold a commission for Lothian and borders and receive instructions to serve an initial writ warranted at Aberdeen on a defender, who has moved to Edinburgh- can you carry this out?

Answer 8

Yes- you are following the warrant

Question 9

What are the civil courts in Scotland?

Answer 9

Court of Session (Edinburgh)
Sheriff Court (6 Sheriffdoms 39 courts)
Sheriff Appeal Court (Edinburgh)
Personal Injury Court (Edinburgh)

Question 10

What are the 6 Sheriffdoms in Scotland?

Answer 10

Lothian & Borders
Tayside, Central & Fife
Grampian, Highlands & Islands
Glasgow & Strathkelvin
North Strathclyde
South Strathclyde, Dumfries & Galloway

Question 11

What act covers Sheriff Officer fees?

Answer 11

Act of Sederunt Fees of Sheriff Officers 2002

Act of Sederunt Fees of Messenger-at-Arms & Sheriff Officers amendment 2021

Question 12

What fees come under column A?

Answer 12

Fees for actions <£1500 or for no money under Simple Procedure or Summary Cause

Question 13

What fees come under column B?

Answer 13

Fees for actions >£1500 or actions raised under:
Ordinary cause
Summary application
Appeal

Question 14

What is the additional fee for unsociable hours?

Answer 14

5pm-10pm- additional 33.3% of fee

10pm-9am, Sat/Sun/Bank Hol- additional 75% of fee

Question 15

What does remote rural mean and what is the additional fee for this?

Answer 15

A population of <3000 AND a drive of >30 mins from an area with a population of 10,000

Few - additional 30% of fee

Question 16

What is a statuatory surcharge?

Answer 16

Actions over 100K can be charged an additional 0.01% of the value of the action

Question 17

What is charged if a job takes longer than an hour?

Answer 17

An officer and witness time unit in 30 minute units

Question 18

What is charged if a ferry is required?

Answer 18

Cost of ferry
Time
Substinence

Question 19

What is charged if a job requiring hand service takes more than 1 trip?

Answer 19

Additional 50% of the fee

Question 20

What act covers jurisdiction?

Answer 20

Civil Jurisdiction & Judgements Act 1982

Question 21

What is the most commonly used type of jurisdiction?

Answer 21

Domicile

Question 22

What are other some examples of jurisdiction (excluding domicile)

Answer 22

When not in UK, where moveable property has been arrested or where immovable property is situated

When no fixed res, court he is personal cited

When regarding maintenance, where creditor resides

When >1 defender, where any reside

Question 23

What are examples of jurisdiction relating to employment contracts?

Answer 23

Where the employee is domiciled
Where the employee carries out work
Where the business is situated

Question 24

What is exclusive jurisdiction?

Answer 24

Where immovable property is situated

AKA heritable property (house etc)

Question 25

What is prorogation?

Answer 25

When parties agree a court to have jurisdiction over a matter in writing.

E.g. a prenup agreeing a specific court to handle divorce proceedings

Question 26

What is the Society of Messenger-at-Arms and Sheriff Officers motto and what does it mean?

Answer 26

Obtember

To obey

Question 27

How many hours of CPD must an officer complete annually and how is this split?

Answer 27

12 hours

8 hours of group study
4 hours of private study

Question 28

What is the monetary limit for an action to be heard in the Sheriff Court?

Answer 28

Courts Reform (Scotland) Act 2014:

100k, actions exceeding this can still be heard but actions under this amount can only be raised in the Sheriff Court

Question 29

What legislation enables a Sheriff Officer to proceed upon a warrant which has no wet signature and has the printed name of the issuing courts officer?

Answer 29

Act of Sederunt (Electronic Authentication) 2016

Question 30

What are the modes of service?

Answer 30

Delivering it personally
Leaving in the hands of a resident at the persons home
Leaving it in the hands of an employee at the persons POB

Depositing it in the persons home or POB
Leaving it at the persons home or POB in such a way that it’s likely to come to the attention of that person

Question 31

What wording must appear on every decree upon which diligence can be carried out and which act governs this?

Answer 31

THIS EXTRACT IS WARRANT FOR ALL LAWFUL EXECUTION HEREON

Question 32

What is the judicial rate of interest?

Answer 32

8%