Judiciary and Courts (Scotland) Act 2008

• (3) An individual appointed by the Lord President under sub-paragraph (2) must fall within the same judicial membership category as that under which the absent member was appointed.

• (4) An individual appointed by the Scottish Ministers under sub-paragraph (2)—

• (a) where the absent member is a legal member, must fall within the same legal membership category as that under which the absent member was appointed,

• (b) where the absent member is a lay member, must be qualified for appointment as a lay member.

• (5) Before appointing a temporary member, the Lord President or, as the case may be, the Scottish Ministers must consult the Chairing Member.

• (6) A temporary member takes the place of the absent member and, accordingly, the absent member is not to be counted as a member while the temporary member holds office.

• (7) A temporary member's appointment ceases on—

• (a) the period of absence coming to an end, or

• (b) the expiry of the period of 6 months from the date of appointment,

(whichever occurs first).

• (8) A person whose appointment as a temporary member ceases may nonetheless continue to act as a member so far as that is necessary for the purpose of concluding consideration of a judicial appointment which the Board is in the course of considering at the time the person's appointment ceases.

• (9) Otherwise, the provisions of this schedule apply to a temporary member as they apply to any other member, and references in this schedule to a member of the Board are to be read accordingly.

Conflicts of interest

12

• (1) Sub-paragraph (2) applies where the Chairing Member is satisfied that a member of the Board (“the ineligible member”) is unable by reason of a conflict of interest to take part in the Board's consideration of a particular appointment (“the appointment concerned”).

• (2) The Chairing Member may—

• (a) where the ineligible member is a judicial member, request that the Lord President appoint an individual to be a substitute member of the Board,

• (b) where the ineligible member is a legal or lay member, request that the Scottish Ministers appoint an individual to be a substitute member of the Board.

• (3) On receipt of a request under sub-paragraph (2), the Lord President or, as the case may be, the Scottish Ministers may, if satisfied that it is necessary for the carrying out by the Board of its functions in relation to the appointment concerned, appoint an individual to be a substitute member to take the place of the ineligible member for the purposes of that appointment.

• (4) An individual appointed by the Lord President under sub-paragraph (3) must fall within the same judicial membership category as that under which the ineligible member was appointed.

• (5) An individual appointed by the Scottish Ministers under sub-paragraph (3)—

• (a) where the ineligible member is a legal member, must fall within the same legal membership category as that under which the substituted member was appointed,

• (b) where the ineligible member is a lay member, must be qualified for appointment as a lay member.

• (6) The appointment of a substitute member under sub-paragraph (3) in relation to the appointment concerned does not prevent the ineligible member from taking part in the Board's consideration of any other appointment.

• (7) A substitute member is not to be counted as a member for the purposes of paragraph 4(1).

• (8) A substitute member's appointment ceases on the conclusion of the Board's consideration of the appointment concerned.

• (9) Otherwise, the provisions of this schedule apply to a substitute member as they apply to any other member, and references in this schedule to a member of the Board are to be read accordingly.

Fees and expenses

13

• (1) Each member of the Board is entitled to such fees and expenses, if any, as the Scottish Ministers may determine.

• (2) It is for the Scottish Ministers to pay those fees and expenses.

• (3) The Scottish Ministers may determine different fees and expenses for different members.

Administrative support

14

• (1) The Scottish Ministers must provide, or ensure the provision of, such staff, property and services as they consider the Board requires for the purpose of carrying out its functions.

• (2) Reference to “services” in sub-paragraph (1) includes, in particular, the appointment of a person—

• (a) as an independent observer of the Board's procedures, or

• (b) to provide the Board with advice.

• (3) The Scottish Ministers must consult the Board as to the staff, property and services it requires for the purpose of carrying out its functions.

Procedure

15

• (1) The Board may determine its own procedure (including the number of members required to constitute a quorum).

• (2) However, the Chairing Member is not to have a casting vote.

Committees and delegation

16

• (1) The Board may establish committees and may delegate the carrying out of any of its functions to a committee.

• (2) Sub-paragraph (1) does not affect the Board's responsibility for the carrying out of its functions.

Validity of proceedings

17

The validity of any proceedings or actings of the Board is not affected by—

• (a) any vacancy in the membership of the Board,

• (b) any defect in the appointment of a member of the Board, or

• (c) disqualification of any person from holding office as a member of the Board.

Board to fall within remit of Commissioner for Public Appointments in Scotland

18

• (1) In the Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4), in schedule 2 (which lists the authorities appointments to which are subject to the remit of the Commissioner for Public Appointments in Scotland), under the heading “Advisory bodies”, insert, at the appropriate place in alphabetical order— “ Judicial Appointments Board for Scotland ”.

• (2) If the code of practice published under section 2 of that Act contains provision of the kind described in sub-paragraph (3), that provision does not apply in relation to the making by the Scottish Ministers of an appointment to the Board.

• (3) That is provision which has the effect of requiring that there be included among the members of any selection panel constituted for the purpose of considering candidates for the appointment a person falling within any of sub-paragraphs (a) to (f) of paragraph 5 of this schedule.

Code of conduct for members

19

In the Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7), in schedule 3 (which lists the devolved public bodies required to produce a code of conduct for their members under that Act), insert, at the appropriate place in alphabetical order— “ The Judicial Appointments Board for Scotland ”.

Maladministration

20

• (1) In the Scottish Public Services Ombudsman Act 2002 (asp 11), in schedule 2 (which lists the authorities subject to investigation under that Act), in Part 2 (entries amendable by Order in Council), after paragraph 25 insert—

(25A) The Judicial Appointments Board for Scotland.

.

• (2) The Board must make such arrangements as it considers appropriate for the investigation by it of any complaints of maladministration made to it by an individual concerning the manner in which the Board has carried out its functions in relation to the individual.

• (3) The Board must take reasonable steps to ensure that any individuals in relation to whom it carries out functions are made aware of the arrangements made under sub-paragraph (2).

Freedom of information

21

In the Freedom of Information (Scotland) Act 2002 (asp 13), in schedule 1 (which lists the Scottish public authorities subject to that Act), in Part 7 (other authorities), before paragraph 69 insert—

(68A) The Judicial Appointments Board for Scotland

.

Transitional provision: constitution of the first Board

22

• (1) The first members of the Board are to be those persons who are members of the existing Judicial Appointments Board on the coming into force of this schedule.

• (2) The first Chairing Member of the Board is to be the person who chairs the existing Judicial Appointments Board on the coming into force of this schedule.

• (3) In sub-paragraphs (1) and (2), “the existing Judicial Appointments Board” means the administrative body established by the Scottish Ministers known as the Judicial Appointments Board for Scotland.

SCHEDULE 2

Constitution of panel

1

• (1) A panel established under section 19(2) in connection with a vacancy, or an expected vacancy, in the office of Lord President is to comprise—

• (a) the Chairing Member of the Judicial Appointments Board for Scotland (“the Board”),

• (b) one of the other lay members of the Board nominated by the Chairing Member, and

• (c) two qualifying judges (on which see paragraph 3) nominated by the First Minister.

• (2) A panel established under section 19(2) in connection with a vacancy, or an expected vacancy, in the office of Lord Justice Clerk is to comprise—

• (a) the Chairing Member of the Board,

• (b) one of the other lay members of the Board nominated by the Chairing Member,

• (c) the Lord President, and

• (d) one qualifying judge nominated by the First Minister.

• (3) This paragraph is subject to paragraph 2.

Vacancies etc.

2

• (1) If the Chairing Member of the Board is unable for good reason to participate in a panel, that Member's place on the panel is to be taken by a lay member of the Board nominated by the Chairing Member.

• (2) If the office of the Chairing Member is vacant, or if that Member is unable for any reason to make a nomination for the purposes of sub-paragraph (1), that Member's place on the panel is to be taken by another lay member of the Board nominated by the Board.

• (3) If the Lord President is unable for good reason to participate in a panel, the Lord President's place is to be taken by a qualifying judge nominated by the Lord President.

• (4) During any period when section 4 applies, or if the Lord President is unable for any reason to make a nomination for the purposes of sub-paragraph (3), the Lord President's place on the panel is to be taken by a qualifying judge nominated by the First Minister.

Qualifying judges

3

• (1) The qualifying judges are—

• (a) those judges of the Supreme Court of the United Kingdom who have held office as judges of the Court of Session, and

• (b) the judges of the Court of Session (other than the Lord President).

• (2) The Lord Justice Clerk is not a qualifying judge in relation to a panel to be established in connection with an expected vacancy in that office.

• (3) A judge is a qualifying judge in relation to a panel only if the judge has given to the First Minister notice that the judge is not willing to be appointed to the vacancy in connection with which the panel is to be established.

Fees and expenses

4

• (1) Each member of a panel is entitled to such fees and expenses, if any, as the Scottish Ministers may determine.

• (2) It is for the Scottish Ministers to pay those fees and expenses.

• (3) The Scottish Ministers may determine different fees and expenses for different members.

SCHEDULE 3

Status of SCS

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Membership

2

• (1) The SCTS consists of judicial members and non-judicial members.

• (2) The judicial members comprise—

• (a) the Lord President,

• (b) the Lord Justice Clerk,

• (c) the President of the Scottish Tribunals,

• (d) one person holding the office of sheriff principal,

• (e) two persons, each holding either the office of sheriff or of summary sheriff, ...

• (f) one person holding the office of justice of the peace , and

• (g) one person holding the position of Chamber President in the First-tier Tribunal for Scotland.

• (3) The non-judicial members comprise—

• (a) an advocate practising as such in Scotland,

• (b) a solicitor practising as such in Scotland,

• (c) the Chief Executive (appointed under paragraph 14(1)), and

• (d) three other individuals none of whom is qualified for appointment as a judicial member or for appointment under any of the preceding paragraphs.

• (4) Each of the descriptions of members mentioned in sub-paragraphs (2) and (3) is referred to in this schedule as a “category of membership”.

• (5) Subject to sub-paragraph (6), the Scottish Ministers may, with the consent of the Lord President, by order modify sub-paragraph (2) or (3).

• (6) The Scottish Ministers must not make an order under sub-paragraph (5) if its effect would be that the total number of judicial members would no longer exceed the total number of non-judicial members.

• (7) In this schedule, references to the position of Chamber President in the First-tier Tribunal for Scotland are to be construed in accordance with the Tribunals (Scotland) Act 2014.

Procedure for appointment of members

3

• (1) It is for the Lord President to appoint the members of the SCTS (other than the Lord Justice Clerk , the President of the Scottish Tribunals and the Chief Executive).

• (2) The Lord President may appoint a person to be a member only if the person has been nominated, or otherwise selected for appointment, in accordance with such procedure as the Scottish Ministers may by regulations prescribe.

• (3) Regulations under sub-paragraph (2) may—

• (a) in particular, make provision for or in connection with enabling persons to nominate or select persons suitable for appointment,

• (b) prescribe different procedures for different categories of membership.

• (4) The Scottish Ministers must consult the Lord President before making regulations under sub-paragraph (2).

Persons disqualified from membership

4

A person is disqualified from appointment, and from holding office, as a member of the SCTS if the person is or becomes—

• (a) a member of the House of Commons,

• (b) a member of the Scottish Parliament,

• (c) a member of the European Parliament,

• (d) a councillor of any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• (e) a Minister of the Crown, or

• (f) a member of the Scottish Executive.

Term of office

5

• (1) This paragraph applies to a member of the SCTS appointed by the Lord President.

• (2) The member holds office for such period not exceeding 4 years as the Lord President may, at the time of appointment, determine.

• (3) The member ceases to hold office—

• (a) on becoming disqualified from holding office as a member,

• (b) on ceasing to fall within the category of membership under which the member was appointed.

Reappointment

6

A person who is, or has been, a member of the SCTS appointed by the Lord President may be reappointed (whether under the same or a different category of membership) for further periods.

Resignation and removal of members

7

• (1) This paragraph applies to a member of the SCTS appointed by the Lord President.

• (2) The member may resign office by giving notice in writing to the Lord President.

• (3) The Lord President may, by notice in writing, remove the member if satisfied that the member is unfit to be a member by reason of inability, neglect of duty or misbehaviour.

Suspension of judicial members

8

A judicial member is suspended from acting as such during any period in which the member is suspended from the judicial office which the member holds.

Chairing of the SCS

9

• (1) The Lord President is to chair meetings of the SCTS.

• (2) The Lord Justice Clerk may deputise for the Lord President in chairing meetings.

• (3) Where the Lord President and the Lord Justice Clerk are for any reason unable to attend a meeting the remaining members may elect a member to chair the meeting.

Committees

10

• (1) The SCTS may establish committees.

• (2) A person who is not a member of the SCTS may be appointed to be a member of any committee established by it.

Proceedings

11

The SCTS may determine—

• (a) its own procedure (including the number of members required to constitute a quorum), and

• (b) the procedure (including the number of members required to constitute a quorum) of any committees established by it.

Validity of actings

12

The validity of any proceedings or actings of the SCTS is not affected by—

• (a) any vacancy in the membership of the SCTS,

• (b) any defect in the appointment of a member of the SCTS, or

• (c) disqualification of any person from holding office as a member of the SCTS.

Remuneration and expenses

13

• (1) The SCTS may pay to—

• (a) its members, and

• (b) the members of any committee established by it,

such sums as it may determine by way of reimbursement of expenses in respect of the carrying out of their functions as members.

• (2) The SCTS may pay to—

• (a) the judicial member who is a justice of the peace,

• (aa) the judicial member who holds the position of Chamber President in the First-tier Tribunal for Scotland (unless that member receives a salary in respect of that position),

• (b) the non-judicial members, and

• (c) the members of any committee established by it,

such other remuneration, if any, as it may determine.

Chief Executive and other staff

14

• (1) The SCTS must appoint a Chief Executive.

• (2) The SCTS may appoint such other staff as it considers appropriate.

Ancillary powers

15

• (1) The SCTS may do anything which it considers necessary or expedient for the purposes of or in connection with its functions.

• (2) In particular, the SCTS may—

• (a) acquire and dispose of land and other property,

• (b) enter into contracts,

• (c) provide information and advice.

Power to use local authority premises

16

• (1) The SCTS may, where it considers it necessary for the purposes of carrying out its functions under section 61 or 62, require a local authority to—

• (a) let (or sub-let) premises controlled by the local authority to the SCTS, or

• (b) make such premises available for use for the purposes of the SCTS.

• (2) A requirement under sub-paragraph (1)(a) is subject to agreement—

• (a) between the SCTS and the local authority as to the rent payable under, and as to the other terms of, the lease (or sub-lease), and

• (b) with any third party who has an interest in the premises.

• (3) Where a requirement is made under sub-paragraph (1)(b)—

• (a) the SCTS is to reimburse the authority for any reasonable expenses incurred by the authority in respect of heating, lighting and cleaning in relation to the use of the premises for the purposes of the SCTS, and

• (b) the SCTS is to allow the premises to continue to be used for any business normally conducted there, or for any business for which it may be used under a local enactment (whether a local Act or otherwise), without adversely affecting that business.

• (4) The SCTS may allow any premises let, sub-let or used under sub-paragraph (1) to be used by other persons subject to—

• (a) such conditions as the SCTS may impose, and

• (b) sub-paragraph (3)(b).

• (5) Any dispute arising from the operation of this paragraph which the parties are unable to resolve is to be determined by an arbiter appointed—

• (a) by agreement of the parties, or

• (b) in the absence of such agreement, by the Scottish Ministers on the application of a party.

Delegation

17

• (1) Any function of the SCTS may be carried out on its behalf by—

• (a) a member of the SCTS,

• (b) a committee,

• (c) a member of its staff, or

• (d) any other person,

authorised (whether specifically or generally) by it for the purpose.

• (2) Nothing in sub-paragraph (1) prevents the SCTS from exercising any function delegated under that sub-paragraph.

Freedom of information

18

In the Freedom of Information (Scotland) Act 2002 (asp 13), in schedule 1 (which lists the Scottish public authorities subject to that Act), in Part 2 (non ministerial office holders in the Scottish Administration), after paragraph 18 insert—

(18A) The Scottish Court Service.

.

Transfer of staff

19

• (1) Sub-paragraph (2) applies to persons who, on the coming into force of this paragraph—

• (a) hold any of the offices mentioned in section 63(2), or

• (b) are members of the staff of the Scottish Ministers employed in the Executive Agency of the Scottish Ministers known as the Scottish Court Service Agency (referred to in this paragraph as “the Agency”), other than excepted staff.

• (2) On the coming into force of this paragraph, those officers and staff transfer to, and become members of the staff of, the SCTS (as well as, in the case of the holders of the offices referred in sub-paragraph (1)(a), continuing to hold those offices).

• (3) The excepted staff are—

• (a) the Chief Executive of the Agency, and

• (b) staff on secondment or loan to the Agency from another part of the Scottish Administration.

• (4) The contract of employment of a person who becomes a member of the staff of the SCTS by virtue of sub-paragraph (2)—

• (a) is not terminated by the transfer, and

• (b) has effect from the date this paragraph comes into force as if originally made between the person and the SCTS.

• (5) Without prejudice to sub-paragraph (4)—

• (a) all the rights, powers, duties and liabilities of the Scottish Ministers under or in connection with the person's contract of employment are by virtue of this sub-paragraph transferred to the SCTS on the date on which this paragraph comes into force, and

• (b) anything done before that date by or in relation to the Scottish Ministers in respect of that contract of employment or that person is to be treated from that date as having been done by or in relation to the SCTS.

• (6) This paragraph does not prejudice any right of any person to terminate that person's contract of employment if the terms and conditions of employment are changed substantially to the detriment of the person; but such a change is not to be taken to have occurred by reason only that the identity of the person's employer changes by virtue of this paragraph.

• (7) The Scottish Ministers must appoint, on such terms and conditions as they may determine, a person to act as the Chief Executive of the SCTS until the first Chief Executive is appointed by the SCTS under paragraph 14(1).

• (8) A determination by the Scottish Ministers that any member of their staff is—

• (a) employed as mentioned in sub-paragraph (1)(b), or

• (b) excepted staff by virtue of sub-paragraph (3),

is conclusive of that fact for the purposes of this paragraph.

Transfer of property and liabilities

20

• (1) The Scottish Ministers may by order provide for the transfer to the SCTS of any property or liabilities to which sub-paragraph (2) applies.

• (2) This sub-paragraph applies to—

• (a) property of the Scottish Ministers which is held or used by them for or in connection with—

• (i) the purposes of the Scottish courts or the judiciary of those courts,

• (ia) the purposes of tribunals or the members of tribunals,

• (ii) the purposes referred to in section 62(1), and

• (b) liabilities of the Scottish Ministers incurred in connection with those purposes.

• (3) An order under sub-paragraph (1) may in particular—

• (a) provide for the creation of rights or interests, or the imposition of liabilities or conditions, in relation to property transferred, or rights or interests acquired, by virtue of the order,

• (b) provide for any property, liabilities or conditions to be determined under the order.

• (4) An order under sub-paragraph (1) has effect in relation to any property or liabilities to which it applies despite any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property or liabilities.

• (5) A right of pre-emption, right of irritancy, right of return or other similar right does not operate or become exercisable as a result of any transfer of property by virtue of an order under sub-paragraph (1).

• (6) Any such right has effect in the case of any such transfer as if the SCTS were the same person in law as the Scottish Ministers and as if no transfer of the property had taken place.

• (7) Such compensation as is just is to be paid to any person in respect of any such right which—

• (a) would, apart from sub-paragraph (5), have operated in favour of, or become exercisable by, that person, but

• (b) in consequence of the operation of that sub-paragraph, cannot subsequently operate in the person's favour or (as the case may be) become exercisable by the person.

• (8) Any compensation payable by virtue of sub-paragraph (7) is to be paid by the Scottish Ministers or by the SCTS or by both.

• (9) An order under sub-paragraph (1) may provide for the determination of any disputes as to—

• (a) whether and, if so, how much, compensation is payable by virtue of sub-paragraph (7), and

• (b) the person to whom or by whom it is to be paid.

• (10) Sub-paragraphs (4) to (9) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property.

• (11) A certificate issued by the Scottish Ministers that any property or liability has, or has not, been transferred by virtue of an order under sub-paragraph (1) is conclusive evidence of the transfer or (as the case may be) the fact that there has not been a transfer.

• (12) In this paragraph, “right of return” means any right under a provision for the return or reversion of property in specified circumstances.

SCHEDULE 4

The Administration of Justice (Scotland) Act 1933 (c. 41)

1

• (1) The Administration of Justice (Scotland) Act 1933 is amended as follows.

• (2) In section 23(1) (appointment of clerks in the Court of Justiciary), for “Scottish Ministers and shall be exercised after consultation with the Lord Justice General” substitute “ Scottish Court Service ”.

• (3) In section 24 (appointment of officers of the Court of Session)—

• (a) in subsection (1)—

• (i) for “Scottish Ministers shall, after consultation with the Lord President,”, substitute “ Scottish Court Service shall ”, and

• (ii) for “they” substitute “ it ”, and

• (b) in subsection (7)—

• (i) for “Scottish Ministers”, in both places those words appear, substitute “ Scottish Court Service ”, and

• (ii) for “them”, substitute “ it ”.

• (4) For section 25 substitute—

(25) (1) The right of appointing to the offices of Principal Clerk of Justiciary and Accountant of Court shall be vested in the Scottish Court Service. (2) The right of appointing to the office of Auditor of the Court of Session shall be vested in the Scottish Ministers.

.

• (5) In section 27 (remuneration of officers of High Court of Justiciary and Court of Session)—

• (a) after subsection (1) insert—

(1A) The remuneration of the persons appointed to any office in pursuance of the powers vested in the Scottish Court Service by this Part of this Act, shall be of such amounts as the Scottish Court Service may determine.

, and

• (b) in subsection (2)—

• (i) the words “(other than the office of Auditor of the Court of Session)” are repealed, and

• (ii) for “Scottish Ministers” substitute “ Scottish Court Service ”.

The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

2

• (1) The Sheriff Courts and Legal Officers (Scotland) Act 1927 is amended as follows.

• (2) In section 1 (appointment of sheriff clerk and procurator fiscal)—

• (a) in subsection (1)—

• (i) for “one of His Majesty's Principal Secretaries of State” substitute “ the Scottish Court Service ”,

• (ii) for “Secretary of State” substitute “ Scottish Court Service ”, and

• (iii) for “him” substitute “ it ”, and

• (b) in subsection (4), for “Secretary of State”, in both places those words appear, substitute “ Scottish Court Service ”.

• (3) In section 2 (appointment of sheriff clerk and procurator fiscal deputes), for “Secretary of State” substitute “ Scottish Court Service ”.

• (4) In section 3 (whole-time sheriff clerks and procurators fiscal and deputes), for “Secretary of State”, in both places those words appear, substitute “ Scottish Court Service ”.

• (5) In section 4 (vacancy in office of sheriff clerk, procurator fiscal or deputes), for “Secretary of State” substitute “ Scottish Court Service ”.

• (6) In section 5 (whole-time clerks)—

• (a) in subsection (1), for “Secretary of State” substitute “ Scottish Court Service ”, and

• (b) in subsection (2)—

• (i) for “Scottish Ministers” substitute “ Scottish Court Service ”, and

• (ii) for “they consider” substitute “ it considers ”.

• (7) In section 8 (power to issue instructions, etc.)—

• (a) in subsection (1), for “Secretary of State” substitute “ Scottish Court Service ”, and

• (b) in subsection (2)—

• (i) for “Secretary of State” substitute “ Scottish Ministers ”, and

• (ii) for “him” substitute “ the Scottish Court Service ”.

• (8) In section 9 (deputation by sheriff clerk or procurator fiscal), for “Secretary of State” substitute “ Scottish Court Service ”.

SCHEDULE 5

The Courts of Law Fees (Scotland) Act 1895 (c. 14)

1

In the Courts of Law Fees (Scotland) Act 1895, in section 2(1)(a), the words from “the expenses” to “Scottish Ministers” are repealed.

The Sheriff Courts (Scotland) Act 1971 (c. 58)

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)

3

The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 is revoked.

The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)

4

The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 is repealed.

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

5

• (1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is amended as follows.

• (2) In section 81 (orders)—

• (a) in subsection (1), after “Ministers” insert “ or the Lord President of the Court of Session ”, and

• (b) in subsection (2)(a), after “consider” insert “ or (as the case may be) the Lord President considers ”.

• (3) The following provisions are repealed—

• (a) in section 59(8) (establishing JP courts), paragraph (a) and the word “and” which immediately follows it,

• (b) section 60 (provision for justice of the peace courts), and

• (c) section 63(6) (staffing of justice of the peace courts)

Guarantee of continued judicial independence

Delegation of functions

Maximum number of judges

Number of judges of the First and Second Divisions of the Inner House

Appointment of part-time sheriffs

Sheriffs and part-time sheriffs: official oaths

Powers of Lord President

Provision relating to tribunal considering fitness for office of justices of the peace

Training and appraisal of justices of the peace

Meaning of “judicial office holder”

Appointment etc. of office holders

Number of judges of the First and Second Divisions of the Inner House

Ancillary provision

Sheriff principal's responsibility

Lord President's default power

Sheriff court districts and places where sheriff courts are to be held

Sheriffs principal and sheriffs acting in other sheriffdoms

Residence and leave of absence of sheriffs principal

Number, residence and deployment of sheriffs

Leave of absence of sheriffs

Establishment, constitution etc.

Sheriff principal's responsibility

Court holidays in sheriff courts and justice of the peace courts

Administrative support for the Scottish courts and judiciary

Corporate plan

Interpretation

Ancillary provision

Status of the Board

Membership

The judicial and legal members

The lay members

Persons disqualified from membership

Term of office

Resignation of members

Removal of members

Chairing Member: appointment and tenure

Chairing Member: resignation, removal, vacancy etc.

Temporary members

Conflicts of interest

Fees and expenses

Administrative support

Procedure

Committees and delegation

Validity of proceedings

Board to fall within remit of Commissioner for Public Appointments in Scotland

Code of conduct for members

Maladministration

Freedom of information

Transitional provision: constitution of the first Board

Constitution of panel

Vacancies etc.

Qualifying judges

Fees and expenses

Status of SCTS

Membership

Procedure for appointment of members

Persons disqualified from membership

Term of office

Reappointment

Resignation and removal of members

Suspension of judicial members

Chairing of the SCTS

Committees

Proceedings

Validity of actings

Remuneration and expenses

Chief Executive and other staff

Ancillary powers

Power to use local authority premises

Delegation

Freedom of information

Transfer of staff

Transfer of property and liabilities

The Administration of Justice (Scotland) Act 1933 (c. 41)

The Sheriff Courts and Legal Officers (Scotland) Act 1927 (c. 35)

The Courts of Law Fees (Scotland) Act 1895 (c. 14)

The Sheriff Courts (Scotland) Act 1971 (c. 58)

The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of Judges) Order 1999 (S.I. 1999/1017)

The Senior Judiciary (Vacancies and Incapacity) (Scotland) Act 2006 (asp 9)

The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6)

Editorial notes

[^c2077137]: S. 2 partly in force; s. 2 not in force at Royal Assent see s. 76; s. 2(1)(5)(6) in force for specified purposes and s. 2(2)(b)(c) in force at 1.6.2009 by S.S.I. 2009/192, art. 2, Sch.

[^c2077204]: Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4

[^c2077205]: Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4

[^c2077206]: Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4

[^c2077207]: Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4

[^c2077208]: Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4

[^c2077203]: Pt. 2 Ch. 2 extended to E.W.N.I. (14.9.2009) by S.I. 2009/2231, art. 4

[^c2077126]: S. 60 partly in force; s. 60 not in force at Royal Assent see s. 76; s. 60(2) in force for specified purposes at 16.3.2009 by S.S.I. 2009/83, art. 2; s. 60(2) in force for further specified purposes at 1.6.2009 by S.S.I. 2009/192, art. 2, Sch.; s. 60(1) in force and s. 60(2) in force for further specified purposes at 1.10.2009 by S.S.I. 2009/318, art. 2, Sch.

[^c2077167]: S. 73 partly in force; s. 73 not in force at Royal Assent see s. 76; s. 73 in force for specified purposes at 1.6.2009 by S.S.I. 2009/192, art. 2, Sch.

[^c2077301]: S. 76(1) power partly exercised; 16.3.2009 appointed for specified provisions and purposes by S.S.I. 2009/83, art. 2; 1.6.2009 appointed for specified provisions and purposes by S.S.I. 2009/192, art. 2, Sch. ; 1.10.2009 appointed for specified provisions and purposes by S.S.I. 2009/318, art. 2, Sch.

[^c2077129]: Sch. 3 para. 3 wholly in force at 1.6.2009; Sch. 3 para. 3 not in force at Royal Assent see s. 76; Sch. 3 para. 3(2)(3)(4) in force at 16.3.2009 by S.S.I. 2009/83, art. 2; Sch. 3 para. 3(1) in force at 1.6.2009 by S.S.I. 2009/192, art. 2, Sch.

[^key-6157c00ccef196f22fdedd908f4886b1]: S. 37(5) in force at 20.2.2010 by S.S.I. 2010/39, art. 2(a)

[^key-7223a091785343bd782c16b6db6bcbde]: S. 57 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-910fadb21605bbfc6b583209d11f08b3]: S. 58 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-b0926eb35fbfb80a8146db7caecc9391]: S. 42 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 5)

[^key-b692d588d8ad8e0ab44e09f7daac20b0]: S. 41 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 5)

[^key-930c9788bff9a32d33d4746467f7f657]: S. 73 in force at 1.4.2010 in so far as not already in force by S.S.I. 2010/39, art. 2(b), Sch.

[^key-bfe116a19360a65f4e9ccd42cbba9cd7]: Sch. 5 para. 1 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-7f79826967bfb87cc04cf0369d5a7aa1]: Sch. 5 para. 5 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-426cb191d4aa604c985655d939f74720]: Sch. 4 para. 2 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-3e422681bdfafd9c2d4f525db7b430fe]: Sch. 4 para. 1 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-3157867e123a035c5e380520c244d945]: Sch. 5 para. 3 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-5fce2d6259861ca67611ed434c070c56]: S. 3 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-3b3c3b79bdced942503de254c53538ae]: S. 28 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-b8f9246ac17269b2135940a3680284dd]: S. 29 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-f960fb71eccd0bfd90a910278f02e330]: S. 30 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-e2df03f35acade4ad8d4f361e79a4545]: S. 33 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-bda6ee2f3cbae5631f6363de4e46fe0a]: S. 34 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-24ac562d4c4f8f49f9ca890e36c714d5]: S. 35 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 3)

[^key-19ccd0622d80ce25161129f32966e352]: S. 36 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 3)

[^key-f53a499a2407c400449557e1e311147d]: S. 38 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 3)

[^key-41a95a9c13f22f4d739f854de65decde]: S. 39 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 3)

[^key-cbdfc2aebcd9edaac45a23642f83c379]: S. 43 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-85617d7b95314418b5f54a55c7e8118e]: S. 60(2) in force at 1.4.2010 for specified purposes by S.S.I. 2010/39, art. 2(b), Sch.

[^key-3ec37681f3fa8285e51a6ae2e00e347f]: S. 61 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-a74f67d81f5b4e291b88b3670b782109]: S. 65 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-0edce7ed301f8a7211b7c2b2afe96a7d]: S. 67 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-0cb0e767fad45a7867e0b4491f67787f]: S. 68 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-43727ecbf123f5553244fc7c09c339ff]: S. 70 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-abaa2fbab9856e600d2b2942f00bddd6]: Sch. 3 para. 15 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-b67626ae99da50f52332d34359cb210f]: Sch. 3 para. 16 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-e95924005dd590f04e65c52cb9f96067]: Sch. 3 para. 17 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-5ae47c773512b38ba585c4ed0bf90cc5]: Sch. 3 para. 19 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-996b727fdf86a05bc319627099fd8f49]: S. 2(1)(5)(6) in force at 1.4.2010 in so far as not already in force by S.S.I. 2010/39, art. 2(b), Sch.

[^key-aef88e325c4657f80e78a9e4b9bee8de]: S. 62 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-a599829c46abc2d9e2a687f92bd7390e]: S. 31 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-ce7ed8948fc12b10861cfef78d9ecb51]: S. 32 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-73f6aaaa6f84a096247b8f7017cb4994]: S. 63 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-b2f72f20e62e141cf10373885acc798f]: S. 69 in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-609b94d8eb79526c9cc47e2606440323]: S. 2(2)(a)(d)(e) in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-9748afecb3229201e5a8c4942e22665e]: S. 2(3)(4)(7) in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch.

[^key-df138561a97c0b1ee2a26816a3551e1a]: S. 37(1)-(4) (6) (7) in force at 1.4.2010 by S.S.I. 2010/39, art. 2(b), Sch. (with art. 3)

[^key-ba0ed8b4133b0eb69f4c3b6eb2bc1974]: S. 62(1)(e) repealed (28.5.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 15(3)(b), 25(2); S.S.I. 2013/124, art. 2 (with art. 3)

[^key-dcf4241872224d41b1b2403e8b90ac27]: S. 62(1)(ea) inserted (28.5.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 15(3)(a), 25(2); S.S.I. 2013/124, art. 2 (with art. 3)

[^key-fb35d17024f5d867b96cb0ab62e22d14]: S. 62(1)(g) repealed (28.5.2013) by Scottish Civil Justice Council and Criminal Legal Assistance Act 2013 (asp 3), ss. 15(3)(b), 25(2); S.S.I. 2013/124, art. 2 (with art. 3)

[^key-7d1733ff5a09ed3fde7af8b403962c87]: S. 61A inserted (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 130(2), 138(2); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-96dd6eeaca12e04981eaa23b0b5c378e]: Word in Act substituted (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(2); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-116b98fe4ef36ad97194b985762be26b]: S. 70 applied (temp.) (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 3(1); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-318df2070b5195f9182803ae03ae4e61]: Sch. 3 para. 2(7) inserted (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(8)(d); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-4f50c8a105832d4a0f50abad3d201588]: Words in Sch. 3 para. 3(1) inserted (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(9); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-0000c2ce939e50aaed3dbfce24f57701]: Word in Sch. 3 para. 2(2) repealed (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(8)(b); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-356afd865e8c8300a291835aec91400a]: Sch. 3 para. 2(2)(g) inserted (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(8)(c); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-5e490560f27c46da043de5234a113a95]: Sch. 3 para. 2(2)(c) substituted (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(8)(a); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-3a3081d88851aa71dfe172b5825398c1]: Sch. 3 para. 2(2)(g) applied (with modifications) (temp.) (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 3(3); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-1f0f8783e10d064ce2512b61b935abb7]: S. 61A applied (temp.) (2.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 3(1); S.S.I. 2015/12, art. 2; S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-4b007a331efa2648029a7392dc9c9123]: Ss. 24-26 repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 9(2)(a); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-b8acc3100f22ef4ecc89fa156663ccb4]: Ss. 47-56 repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 9(2)(c); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-23787fd5ce80d314f96f03ca497ecf03]: Pt. 4 title substituted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(12)(a); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-8a1b01b5135792f45ff5f70d729bf83f]: Sch. 1 para. 13A, 13B and cross-headings inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 131(1)(a), 138(2); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-01f0e3a7ad8057a3b5e22a77ebe9ea4d]: Sch. 1 para. 16A and cross-heading inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(5) (with Sch. 9 para. 810(1)(b)); S.S.I. 2015/116, art. 2

[^key-7fc064e64ce2ab2fd4f9238afcd19644]: Sch. 3 title substituted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(12)(c); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-a7fc6b38e23c58ddd722f07adaa2866a]: Ss. 20A-20G and preceding cross-heading substituted for ss. 21-23 (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), ss. 123, 138(2); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-443bce57ad7199aee156942c9617cd7e]: S. 10(2A) inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(2)(c) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2

[^key-74624a6d8b90970622ff4f55705ca95c]: Word in s. 10(1) repealed (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(2)(a) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2

[^key-efde368fa8f4e6b51266522c1d9fe5e9]: S. 10(1)(fa) inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(2)(b) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2

[^key-e310ddd4dbb71efaead7bc1cad51f791]: S. 10(1)(fza)(fzb) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 9(3); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-812f6873fa12df36fc8b89cc45502375]: S. 2(2A) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 16(2)(a); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-0a6e72e73473d28b740845504936d458]: S. 2(6)(ea) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 16(2)(b); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-ea437be0275b24f0897c90a345257926]: S. 30(5)(i) inserted (1.4.2015) by Tribunals (Scotland) Act 2014 (asp 10), s. 83(2), Sch. 9 para. 12(3) (with Sch. 9 para. 8); S.S.I. 2015/116, art. 2

[^key-ece851396e9e404bf5b23c7d2545a982]: S. 40 repealed (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 9(2)(b); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-47fe2c8060920a0e5b46a2b0ad175d7e]: Words in s. 43(1)(b) substituted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 38(2); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-3dbe04f24d1616b9d901b46a8145fb14]: S. 43(1)(c) substituted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 9(4)(a); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-6a77a2f789c525dab9e0e0f6741ade71]: S. 43(2)(ga)(gb) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 9(4)(b); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-49c510b2731e8624f070e6c3dbc94ba1]: S. 43(2)(ca) inserted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 5 para. 16(3); S.S.I. 2015/77, art. 2(2)(3), Sch.

[^key-d755b3abc8f5cbacd9b5a18cdade8227]: S. 60 title substituted (1.4.2015) by Courts Reform (Scotland) Act 2014 (asp 18), s. 138(2), Sch. 4 para. 1(12)(b); S.S.I. 2015/77, art. 2(2)(3), Sch.