Search Legislation

Judiciary and Courts (Scotland) Act 2008

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Judiciary and Courts (Scotland) Act 2008. Those changes will be listed when you open the content using the Table of Contents below. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

  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. 20A.Qualification of certain individuals for appointment as Court of Session judge

        2. 20B.Temporary judges

        3. 20C.Reappointment of temporary judges

        4. 20D.Cessation of appointment of temporary judges

        5. 20E.Re-employment of former Court of Session and Supreme Court judges

        6. 20F.Re-employment of former judges: further provision

        7. 20G.Remuneration and expenses of temporary and former 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 COURTS AND TRIBUNALS SERVICE

    1. Establishment

      1. 60. The Scottish Courts and Tribunals Service

    2. Functions

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

      2. 61A. Administrative support for the Scottish Tribunals and their members etc.

      3. 62.Administrative support for other persons

      4. 63.Appointment etc. of office holders

      5. 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. Appointment of persons to assist the Board

      15. 13A.(1) The Board may appoint persons (other than Board members)...

      16. Powers and conduct of persons appointed to assist the Board

      17. 13B.(1) A person appointed under paragraph 13A(1) as a legal...

      18. Administrative support

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

      19. Procedure

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

      20. Committees and delegation

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

      21. Proceedings relating to the Scottish Tribunals

        1. 16A.(1) Sub-paragraph (2) applies where the Board is exercising any...

      22. Validity of proceedings

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

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

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

      24. Code of conduct for members

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

      25. Maladministration

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

      26. Freedom of information

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

      27. 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 COURTS AND TRIBUNALS SERVICE

      1. Status of SCTS

        1. 1.THE SCOTTISH COURTS AND TRIBUNALS SERVICE

      2. Membership

        1. 2.(1) The SCTS 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 SCTS...

      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 SCTS...

      8. Suspension of judicial members

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

      9. Chairing of the SCTS

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

      10. Committees

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

      11. Proceedings

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

      12. Validity of actings

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

      13. Remuneration and expenses

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

      14. Chief Executive and other staff

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

      15. Ancillary powers

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

      16. Power to use local authority premises

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

      17. Delegation

        1. 17.(1) Any function of the SCTS 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...

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources