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Judiciary and Courts (Scotland) Act 2008


This is the original version (as it was originally enacted).

  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. 1.Status of the Board

      2. 2.Membership

      3. 3.The judicial and legal members

      4. 4.The lay members

      5. 5.Persons disqualified from membership

      6. 6.Term of office

      7. 7.Resignation of members

      8. 8.Removal of members

      9. 9.Chairing Member: appointment and tenure

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

      11. 11.Temporary members

      12. 12.Conflicts of interest

      13. 13.Fees and expenses

      14. 14.Administrative support

      15. 15.Procedure

      16. 16.Committees and delegation

      17. 17.Validity of proceedings

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

      19. 19.Code of conduct for members

      20. 20.Maladministration

      21. 21.Freedom of information

      22. 22.Transitional provision: constitution of the first Board

    2. SCHEDULE 2

      Panels established under section 19(2)

      1. 1.Constitution of panel

      2. 2.Vacancies etc.

      3. 3.Qualifying judges

      4. 4.Fees and expenses

    3. SCHEDULE 3

      The Scottish Court Service

      1. 1.Status of SCS

      2. 2.Membership

      3. 3.Procedure for appointment of members

      4. 4.Persons disqualified from membership

      5. 5.Term of office

      6. 6.Reappointment

      7. 7.Resignation and removal of members

      8. 8.Suspension of judicial members

      9. 9.Chairing of the SCS

      10. 10.Committees

      11. 11.Proceedings

      12. 12.Validity of actings

      13. 13.Remuneration and expenses

      14. 14.Chief Executive and other staff

      15. 15.Ancillary powers

      16. 16.Power to use local authority premises

      17. 17.Delegation

      18. 18.Freedom of information

      19. 19.Transfer of staff

      20. 20.Transfer of property and liabilities

    4. SCHEDULE 4

      Appointment etc. of office holders: consequential amendments

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

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

    5. SCHEDULE 5

      Consequential amendments and repeals

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

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

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

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

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

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