Messenger-at-arms
Encyclopedia
A messenger-at-arms is an officer of the Scottish
Court of Session
, responsible for serving documents and enforcing court order
s 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. Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt
.
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.
Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 would have abolished the offices of messenger-at-arms and sheriff officer and replaced them by a new office of "judicial officer". Judicial officers would have held a commission from the Lord President of the Court of Session
under section 57 of the Act, granted on the recommendation of a Scottish Civil Enforcement Commission.. However on 30 January 2008 the Scottish government announced as part of a package of public service reform that the Scottish Civil Enforcement Commission would not be established and that its functions would be discharged by existing organisations . The provisions of the 2007 Act were not brought into force, and are to be repealed by the Public Services Reform (Scotland) Act 2010.
In November 2010, the Scottish government issued a consultation on the designation of a professional organisation for officers of court .
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, responsible for serving documents and enforcing court order
Court order
A court order is an official proclamation by a judge that defines the legal relationships between the parties to a hearing, a trial, an appeal or other court proceedings. Such ruling requires or authorizes the carrying out of certain steps by one or more parties to a case...
s throughout Scotland. Messengers-at-arms must have a commission as a sheriff officer
Sheriff officer
A sheriff officer is an officer of the Scottish Sheriff Court, responsible for serving documents and enforcing court orders. The jurisdiction of a sheriff officer is limited to the area of their commission , unlike messengers-at-arms...
although, unlike sheriff officers, the jurisdiction of a messenger-at-arms is not limited to the area for which they have a commission. Both messengers-at-arms and sheriff officers are employed by private businesses and charge fees that are set by Act of Sederunt
Act of Sederunt
Act of Sederunt in Scots law, is an ordinance for regulating the forms of judicial procedure before the Court of Session , Sheriff Courts in civil session, and for setting fees for Messengers-at-arms and Sheriff officers...
.
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
Lord Lyon King of Arms
The Lord Lyon King of Arms, the head of Lyon Court, is the most junior of the Great Officers of State in Scotland and is the Scottish official with responsibility for regulating heraldry in that country, issuing new grants of arms, and serving as the judge of the Court of the Lord Lyon, the oldest...
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.
Section 60 of the Bankruptcy and Diligence etc. (Scotland) Act 2007 would have abolished the offices of messenger-at-arms and sheriff officer and replaced them by a new office of "judicial officer". Judicial officers would have held a commission from the Lord President of the Court of Session
Lord President of the Court of Session
The Lord President of the Court of Session is head of the judiciary in Scotland, and presiding judge of the College of Justice and Court of Session, as well as being Lord Justice General of Scotland and head of the High Court of Justiciary, the offices having been combined in 1836...
under section 57 of the Act, granted on the recommendation of a Scottish Civil Enforcement Commission.. However on 30 January 2008 the Scottish government announced as part of a package of public service reform that the Scottish Civil Enforcement Commission would not be established and that its functions would be discharged by existing organisations . The provisions of the 2007 Act were not brought into force, and are to be repealed by the Public Services Reform (Scotland) Act 2010.
In November 2010, the Scottish government issued a consultation on the designation of a professional organisation for officers of court .