§ 9.36 p.m.
§ The LORD ADVOCATEI beg to move, in page 6, line 40, at the end, to insert:
(4) The power conferred on the sheriff by Sub-section (5) of Section two, as modified by the last foregoing paragraph, shall not be exercisable by an honorary sheriff-substitute.This Amendment is put forward in order to fulfil an undertaking which I gave upon the Committee stage, that the powers in relation to search warrants should be exercised only by salaried full-time sheriffs and not by the honorary sheriffs-substitute.
§ Mr. KIRKWOODMay I ask the Lord Advocate whether this means that the sheriff-substitute will be in the same position as the sheriff-principal? Will he 'have the same power and be able to exercise the same discretion? I do not think it necessary to give an illustration, because I am sure that the Lord Advocate knows what I mean. The sheriff-substitute and the sheriff-principal in Dumbartonshire are both the same, in this respect.
§ The LORD ADVOCATEI would reply to the hon. Member by saying that the powers of the Clause in question will normally be exercised by the sheriffs-substitute, that is, by full-time salaried sheriffs-substitute. The purpose of the Amendment is to prohibit the honorary sheriffs from dealing with this matter. Normally the sheriffs-principal will not come into the picture at all.
§ Amendment agreed to.
§ Further Amendment made: In page 7, line 11, leave out paragraph (6).—[The Lord Advocate.]