Sheriffs Act, 1986 (Act No. 90 of 1986)RegulationsRegulations relating to Sheriffs, 199010. Vacating of office |
| (1) | When a sheriff dies or for any other reason vacates his or her office, all process and other documents which were in his or her possession, including such records as may be necessary to pay claims against his or her account, shall be taken into possession by the Director–General and delivered to the sheriff's successor, who shall be responsible for the payment of those claims from the moneys in that account: Provided that such delivery shall not take place unless the successor in question furnishes proof that— |
| (a) | a fidelity fund certificate has been issued to him or her; or |
| (b) | he or she has paid the contribution referred to in section 30(1)(c)(ii) of the Act. |
| (2) | As soon as a sheriff has received the process and other documents, including accounting records, from the Director-General and that sheriff has as far as possible paid all claims against the trust account, the sheriff shall close the trust account of his or her predecessor. |
| (3) | Any amount to the credit of the account at the closing of a trust account shall be paid by the successor to the persons entitled thereto. |
| (4) | The Director-General, an inspector appointed under section 56 of the Act or the Board may in writing direct a banking institution or building society to furnish him, her or it within the period specified in the direction with such information as he, she or it may require in connection with an account of a sheriff and as may be available to the banking institution or building society. |
| (5) | Every record or other document acquired by or in the possession of a sheriff by virtue of his or her office shall be retained by the sheriff for a period of at least three years after the date to which it relates. |
[Regulation 10 amended by regulation 10 of Notice No. R. 1293 dated 5 December 2008]