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Judiciary and Courts (Scotland) Act 2008

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  1. Introductory Text

  2. Part 1 Judicial independence

    1. 1.Guarantee of continued judicial independence

  3. Part 2 The judiciary

    1. Chapter 1 Head of the Scottish Judiciary

      1. 2.Head of the Scottish Judiciary

      2. 3.Delegation of functions

    2. Chapter 2 Senior judiciary: vacancy, incapacity and suspension

      1. 4.Lord President

      2. 5.Lord Justice Clerk

      3. 6.Periods when both sections 4 and 5 apply

      4. 7.Supplementary

      5. 8.Interpretation of Chapter 2

    3. Chapter 3 Judicial appointments

      1. Judicial Appointments Board for Scotland

        1. 9.The Judicial Appointments Board for Scotland

        2. 10.Judicial offices within the Board's remit

        3. 11.Recommendations of the Board

        4. 12.Selection criteria

        5. 13.Assessment of legal knowledge, skills and competence

        6. 14.Encouragement of diversity

        7. 15.Guidance

        8. 16.Guidance: procedure

        9. 17.Confidentiality of information

        10. 18.Annual report

      2. Lord President and Lord Justice Clerk

        1. 19.Appointment

        2. 20.Selection criteria

      3. Other Court of Session judges

        1. 21.Eligibility of solicitors for appointment as judges

        2. 22.Temporary judges: tenure

        3. 23.Re-employment of retired judges

      4. Sheriffs principal, sheriffs and part-time sheriffs

        1. 24.Appointment of temporary sheriffs principal

        2. 25.Re-employment of retired sheriffs principal and sheriffs

        3. 26.Appointment of part-time sheriffs

        4. 27.Sheriffs and part-time sheriffs: official oaths

    4. Chapter 4 Judicial conduct

      1. Judicial conduct

        1. 28.Rules about investigations etc.

        2. 29.Powers of Lord President

      2. Judicial Complaints Reviewer

        1. 30.Judicial Complaints Reviewer

        2. 31.Judicial Complaints Reviewer: tenure etc.

        3. 32.Guidance

        4. 33.Lord President's powers on referral

      3. Suspension

        1. 34.Suspension

    5. Chapter 5 Removal from office

      1. Judges

        1. 35.Tribunal to consider fitness for judicial office

        2. 36.Suspension during investigation

        3. 37.Further provision about tribunals

        4. 38.Report of tribunal

        5. 39.Temporary judges: removal from office

      2. Sheriffs

        1. 40.Consideration of fitness for, and removal from, shrieval office

      3. Justices of the peace

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

    6. Chapter 6 Training and appraisal of justices of the peace

      1. 42.Training and appraisal of justices of the peace

    7. Chapter 7 Meaning of “judicial office holder”

      1. 43.Meaning of “judicial office holder”

  4. Part 3 The courts

    1. The Court of Session

      1. 44.Maximum number of judges

      2. 45.Number of judges of the First and Second Divisions of the Inner House

      3. 46.Divisions of the Inner House

    2. Sheriff courts

      1. 47.Sheriff principal's responsibility

      2. 48.Repeal of certain responsibilities of Scottish Ministers

      3. 49.Lord President's default power

      4. 50.Alteration of boundaries of sheriffdoms

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

      6. 52.Repeal of power to appoint sheriff to assist Scottish Ministers

      7. 53.Sheriffs principal and sheriffs acting in other sheriffdoms

      8. 54.Residence and leave of absence of sheriffs principal

      9. 55.Number, residence and deployment of sheriffs

      10. 56.Leave of absence of sheriffs

    3. Justice of the peace courts

      1. 57.Establishment, constitution etc.

      2. 58.Sheriff principal's responsibility

    4. Court holidays

      1. 59.Court holidays in sheriff courts and justice of the peace courts

  5. Part 4 The Scottish Court Service

    1. Establishment

      1. 60.The Scottish Court Service

    2. Functions

      1. 61.Administrative support for the Scottish courts and judiciary

      2. 62.Administrative support for other persons

      3. 63.Appointment etc. of office holders

      4. 64.Payment of remuneration etc. of certain judicial office holders

    3. Provision of advice etc. to the Scottish Ministers

      1. 65.Provision of advice etc. to the Scottish Ministers

    4. Plan and report

      1. 66.Corporate plan

      2. 67.Annual report

    5. Ministerial powers

      1. 68.Provision of information

      2. 69.Guidance

      3. 70.Default power

  6. Part 5 General

    1. 71.Orders and regulations

    2. 72.Interpretation

    3. 73.Consequential amendments and repeals

    4. 74.Ancillary provision

    5. 75.Transitional provision etc.

    6. 76.Commencement and short title

    1. SCHEDULE 1

      The Judicial Appointments Board for Scotland

      1. Status of the Board

        1. 1.The Board is not a servant of the Crown and...

      2. Membership

        1. 2.The Board consists of— (a) judicial members appointed by the...

      3. The judicial and legal members

        1. 3.(1) The judicial members comprise— (a) one person holding the...

      4. The lay members

        1. 4.(1) The number of lay members is to be equal...

      5. Persons disqualified from membership

        1. 5.A person is disqualified from appointment, and from holding office,...

      6. Term of office

        1. 6.(1) A member holds office for such period of not...

      7. Resignation of members

        1. 7.(1) A member may resign office by giving notice in...

      8. Removal of members

        1. 8.(1) The Lord President may, by notice in writing, remove...

      9. Chairing Member: appointment and tenure

        1. 9.(1) The Scottish Ministers must appoint one of the lay...

      10. Chairing Member: resignation, removal, vacancy etc.

        1. 10.(1) The Chairing Member may resign office as such by...

      11. Temporary members

        1. 11.(1) Where the Chairing Member is satisfied that a member...

      12. Conflicts of interest

        1. 12.(1) Sub-paragraph (2) applies where the Chairing Member is satisfied...

      13. Fees and expenses

        1. 13.(1) Each member of the Board is entitled to such...

      14. Administrative support

        1. 14.(1) The Scottish Ministers must provide, or ensure the provision...

      15. Procedure

        1. 15.(1) The Board may determine its own procedure (including the...

      16. Committees and delegation

        1. 16.(1) The Board may establish committees and may delegate the...

      17. Validity of proceedings

        1. 17.The validity of any proceedings or actings of the Board...

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

        1. 18.(1) In the Public Appointments and Public Bodies etc. (Scotland)...

      19. Code of conduct for members

        1. 19.In the Ethical Standards in Public Life etc. (Scotland) Act...

      20. Maladministration

        1. 20.(1) In the Scottish Public Services Ombudsman Act 2002 (asp...

      21. Freedom of information

        1. 21.In the Freedom of Information (Scotland) Act 2002 (asp 13),...

      22. Transitional provision: constitution of the first Board

        1. 22.(1) The first members of the Board are to be...

    2. SCHEDULE 2

      Panels established under section 19(2)

      1. Constitution of panel

        1. 1.(1) A panel established under section 19(2) in connection with...

      2. Vacancies etc.

        1. 2.(1) If the Chairing Member of the Board is unable...

      3. Qualifying judges

        1. 3.(1) The qualifying judges are— (a) those judges of the...

      4. Fees and expenses

        1. 4.(1) Each member of a panel is entitled to such...

    3. SCHEDULE 3

      The Scottish Court Service

      1. Status of SCS

        1. 1.The SCS is the holder of an office, which office...

      2. Membership

        1. 2.(1) The SCS consists of judicial members and non-judicial members....

      3. Procedure for appointment of members

        1. 3.(1) It is for the Lord President to appoint the...

      4. Persons disqualified from membership

        1. 4.A person is disqualified from appointment, and from holding office,...

      5. Term of office

        1. 5.(1) This paragraph applies to a member of the SCS...

      6. Reappointment

        1. 6.A person who is, or has been, a member of...

      7. Resignation and removal of members

        1. 7.(1) This paragraph applies to a member of the SCS...

      8. Suspension of judicial members

        1. 8.A judicial member is suspended from acting as such during...

      9. Chairing of the SCS

        1. 9.(1) The Lord President is to chair meetings of the...

      10. Committees

        1. 10.(1) The SCS may establish committees. (2) A person who...

      11. Proceedings

        1. 11.The SCS may determine— (a) its own procedure (including the...

      12. Validity of actings

        1. 12.The validity of any proceedings or actings of the SCS...

      13. Remuneration and expenses

        1. 13.(1) The SCS may pay to— (a) its members, and...

      14. Chief Executive and other staff

        1. 14.(1) The SCS must appoint a Chief Executive.

      15. Ancillary powers

        1. 15.(1) The SCS may do anything which it considers necessary...

      16. Power to use local authority premises

        1. 16.(1) The SCS may, where it considers it necessary for...

      17. Delegation

        1. 17.(1) Any function of the SCS may be carried out...

      18. Freedom of information

        1. 18.In the Freedom of Information (Scotland) Act 2002 (asp 13),...

      19. Transfer of staff

        1. 19.(1) Sub-paragraph (2) applies to persons who, on the coming...

      20. Transfer of property and liabilities

        1. 20.(1) The Scottish Ministers may by order provide for the...

    4. SCHEDULE 4

      Appointment etc. of office holders: consequential amendments

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

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

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

        1. 2.(1) The Sheriff Courts and Legal Officers (Scotland) Act 1927...

    5. SCHEDULE 5

      Consequential amendments and repeals

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

        1. 1.In the Courts of Law Fees (Scotland) Act 1895, in...

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

        1. 2.(1) The 1971 Act is amended as follows.

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

        1. 3.The Scotland Act 1998 (Transitory and Transitional Provisions) (Removal of...

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

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

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

        1. 5.(1) The Criminal Proceedings etc. (Reform) (Scotland) Act 2007 is...

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