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Bankruptcy and Diligence etc. (Scotland) Act 2007

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This is the original version (as it was originally enacted).

Judicial officers

57Judicial officers

(1)There is established an office to be known as judicial officer and any person who holds a commission as officer has the functions conferred by virtue of this Act and any other enactment.

(2)A person may be granted a commission as a judicial officer by the Lord President of the Court of Session but only on the recommendation of the Commission under section 58(1) of this Act.

(3)Where the Lord President grants a person a commission as a judicial officer, the Commission must intimate that decision to—

(a)the person who applied for the commission; and

(b)the professional association.

(4)A judicial officer who holds a commission granted under subsection (2) above may carry out that officer’s functions in the whole of Scotland.

(5)Subject to section 60(2) of this Act, any person who wishes to be a judicial officer must apply to the Commission.

(6)A judicial officer may be deprived of office by the Lord President but only where—

(a)the disciplinary committee of the Commission (in this Part, the “disciplinary committee”) recommends under section 72(5)(a)(ii) or (6)(b) of this Act that the officer be deprived of office;

(b)any time limit within which the officer may appeal under section 74 of this Act has expired; and

(c)no such appeal has been made.

(7)Where the Lord President deprives a judicial officer of office, the Commission must intimate that decision to—

(a)the judicial officer;

(b)the Court of Session;

(c)every sheriff principal; and

(d)the professional association.

58Appointment of judicial officer

(1)Where the Commission is satisfied—

(a)that a person who applies to it is a fit and proper person to be appointed as a judicial officer; and

(b)having regard to—

(i)the number of persons already holding commission as officers; and

(ii)any other matters the Commission considers relevant,

that the appointment is appropriate,

the Commission must, subject to section 63(3) of this Act, recommend that the Lord President of the Court of Session grants that person a commission as an officer.

(2)The Commission must send a copy of its decision on an application for a commission as a judicial officer to the person who applied for the commission.

(3)Where the Lord President grants a person a commission as a judicial officer under section 57(2) of this Act, the Commission must issue an official identity card, in a form determined by the Commission, to the officer.

(4)A judicial officer carrying out an officer’s functions must, on being requested to do so, exhibit the official identity card issued under subsection (3) above.

(5)The Commission may make rules about—

(a)the procedure for applications for a commission as a judicial officer;

(b)the qualifications that a person must have before that person may be granted a commission under section 57(2) of this Act;

(c)the examinations that a person may be required to undertake in pursuance of a qualification prescribed by rules made under paragraph (b) above;

(d)the training that a person must undertake before that person may be granted a commission; and

(e)any other matters in relation to applications as it considers appropriate.

59Annual fee

(1)The Commission may make rules requiring every judicial officer holding a commission to pay an annual fee to the Commission.

(2)Rules made under subsection (1) above may include provision—

(a)specifying the date by which the fee must be paid each year;

(b)specifying the manner in which it must be paid; and

(c)about any other matters in relation to the fee that the Commission considers appropriate.

(3)Anything done by the Commission under this section must be approved by the Scottish Ministers.

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