MSPs surety bond: FOI release

Information requested

1. Are MSPs (members of the Scottish Parliament ) bonded. For clarity, this is a surety bond or equivalent to a certain value.

Please answer yes or no

If yes please provide the values

2. Is the first minister and members of the Scottish government cabinet bonded.

Please answer yes or no

If so what is the value of this bond.

3. Are other people involved in public activities bonded. If so who is bonded and what is the value of the bonds.

Please show me where I may inspect these surety bonds and who issues them and who owns them. Is being bonded a requirement to operate in a public office or in a public capacity. If so at what level does this extend to.

Response

In respect of your first and second questions the Scottish Government holds no information that is within the scope of your request. In respect of your question regarding the position of MSPs you may wish to consider directing your question to the Scottish Parliament.

In respect of your third question there are examples where bonds of caution are required. In certain circumstances where someone dies without appointing an executor, usually because they have not made a will, the court may appoint what is known as an Executor Dative. In these circumstances the Executor may be required to obtain a Bond of Caution which is a fidelity guarantee designed to protect the inheritance of the beneficiaries of an Executory Estate from the dishonesty of the Executor. The statutory basis for the court to regulate caution in these circumstances is the Confirmation of Executors (Scotland) Act 1823 as amended. However an executor is not a public office holder nor are they carrying out public activities, their fiduciary duties are to the beneficiaries of the deceased estate only. A further example is in respect of Sheriff Officers and Messengers at Arms. The requirements are set out in legislation which can be found here: Act of Sederunt (Messengers-at-Arms and Sheriff Officer Rules) 1988 (legislation.gov.uk).

The Scottish Government holds no other information that is within the scope of your request.

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